Your Digital Footprint: How to Protect your Virtual Footprint

The new digital age has seen the onset of countless new conveniences whether through online shopping, banking, entertainment, or social networking. We can now order food and have it delivered to our door, transfer money at the push of a button, and video chat with friends and family that are halfway around the world. Through all these advancements, however, one thing stays the same, the necessity of virtual security. With all these new apps and websites to use comes the addition of endless different passwords to ensure the safety of personal information, with some sites even forcing you to make a new password every x months as an extra layer of security. All in all, this builds up quite the “portfolio” of digital “assets” that can sometimes get confusing. Now, it may not be a comfortable topic, but in the case of the death or incapacity of the owner of these digital accounts, add another layer of complication, as family members now have to weed through various accounts to consolidate their estate.

The good news is that the same advancements in technology that brought around all these security features, questions, passwords, etc. are the same ones that provide a solution here. Available widely on the web are numerous different password vaults and managers that will allow users to store all of this information in one spot. Applications such as LastPass, True Key, Zoho Vault, 1Password and many others all can accomplish this purpose of simplifying this complicated web of components down to something that is easily manageable. Any new website or service you use can easily add log-in information or notes so that if you ever need to log-in and can’t remember your information, the application will do it for you!

These applications also offer the option to designate “digital heirs” that in the case something happens to the user, these vaults can be passed along and not locked permanently! In this manner, those handling the estate can easily gain access to all the accounts necessary all in one place.

In the case that you’d prefer to simply write down all of your log-in information and other important online details in a notebook or binder, which is sufficient, just make sure to let someone know where that “book” is and how to access it! We at DWM have actually put together a document that can help to organize this all in one written location including other important estate information such as the location of trust documents, powers of attorney, etc. Please feel free to use it if you’d prefer the traditional paper copy!

One additional step beyond providing access to your accounts to your digital “executor” is actually letting them know what to do with the accounts. For instance, if you’d prefer your Facebook to be set to “memorialized” which will effectively make the account inactive, but allow family and friends to continue to post memories and stories on the page versus closing it out entirely. Also actively selecting if you’d like certain digital assets to go to certain heirs, for example if you would want your grandson to receive your illustrious Fortnite account or your daughter to receive the log-in for your online knitting chat group, you can designate those wishes either in the password manager app or in your notebook. That way there will be no confusion or argument over who gets what when the time comes to distribute those assets.

As an added layer of protection, the right to digital assets can be specified in a trust document drawn up by an estate planning attorney for those with more complicated situations that need specific direction. These specifications usually outline the power of the successor trustees to access, view, modify or make use of any electronic accounts including those financial sites that are used.

To summarize, from Uber to Schwab to Amazon to Facebook and many, many more, the necessity to build a plan to preserve our digital legacy for when “the time comes” is imperative. Using these plans can ease the transition for your loved ones to get their arms around your digital assets and secure your legacy properly. At DWM, we would encourage you to get these items in order to make things easier on you and your loved ones in the future, hopefully a long time down the road.

The Beauty in Roth Accounts

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The most common type of retirement accounts are traditional Individual Retirement Accounts (IRAs) and company sponsored traditional 401(k) plans, both of which are funded using pre-taxed dollars. The goal of these accounts is to accumulate retirement assets by deferring current year taxes and reducing your taxable income. Later, when funds are withdrawn, either voluntary or as part of a required minimum distribution upon reaching age 70.5, the accumulated earnings and contributions are subject to ordinary income tax. In addition to this, if you are below age 59.5 and you withdraw funds you could be subject to an additional 10% tax penalty.

“Cue the Roth IRA.” One alternative to popular IRAs and traditional 401(k) plans is the Roth IRA and Roth 401(k) (“Roths”). Contributions to both consist of after-tax funds. The accumulated earnings and contributions are not subject to income tax upon withdrawal. In addition to this, there are no required minimum distributions for Roths until the account has reached a non-spouse beneficiary. Although no current tax break is received, there are several arguments as to why Roth accounts can be a significant attribute to your portfolio and to your estate planning. As we will discuss below, the Roth has the ability to grow income tax-free for future generations.

 Contributions:

Funding a Roth account can occur in one of two ways; either through yearly contributions, currently limited to $6,000 per year if below age 50 and $7,000 if above age 50 for 2019 Roth IRA accounts. In addition to this, contributions may be limited for Roth IRAs if your income is between $193,000 and $203,000, for married filing jointly, and you are ineligible to contribute if your income is higher than these figures. Roth 401(k) contributions limitations are currently set at $19,000 per year per employee, with an available catch-up contribution of up to an additional $6,000 if age 50 or older. Contributions to Roths are typically more beneficial for young people because these funds will likely grow tax-free for a longer period of time and they generally have a lower current income tax bracket.

Conversions:

The IRS allows you to convert traditional IRAs to Roth IRAs without limitation. You simply have to include the converted amount as ordinary income and pay the tax. Converting traditional IRA funds to Roth is certainly not for everyone. Generally speaking, conversions may only be considered beneficial if you are currently in a lower tax bracket now, than when the funds will be distributed in the future. If you are in the highest tax bracket, it may not make sense to complete a Roth conversion. If you do not have available taxable funds, non-IRA funds, to pay applicable taxes, then a conversion may not be the best strategy for you. Lastly, conversion strategies are not usually recommended if you will have a need for your traditional IRA or Roth funds during the course of your lifetime(s).

Example:

In the right circumstances, a Roth conversion strategy may hold great potential to transfer large sums of after-tax wealth to future generations of your family. For example, let’s assume a conversion of an $800,000 traditional IRA. Of course, this would typically be done over the course of several years to limit the amount of taxes paid on the conversion. However, following the completion of the conversion, these funds will continue to grow tax-free over the course of the converters’ lifetime (and spouse’s lifetime). Assuming a 30 year lifespan, at an average rate of 5% per year, this would amount to close to $3,500,000 at the end of 30 years; a $2.7 million tax-free gain. For the purpose of this example, let’s also assume these Roth funds skip over the converters’ children to a future generation of four potential grandchildren. Split evenly, each grandchild would hypothetically receive $875,000. At this point, the grandchildren generally would be required to take a small required distribution, however, the bulk of these Roth funds would grow-tax free until the grandchild reaches 85 years of age.  Assuming they receive these Roth funds at age 30, it’s possible each grandchild could receive $5,600,000 of tax-free growth, assuming a 6% average yearly returns. For this example, the estimated federal tax cost of converting $800,000 in IRA funds may be close to $180,000, assuming conversions remain within the 24% tax bracket year-over-year. An estimated state tax cost may vary by state, however, some states such as IL, TN and FL do not tax IRA conversions. Now, if we multiply the $5.6 million times 4 (for each hypothetical grandchild) and add the $2.7 million of appreciation during the first 30 years, this is a total of $25.1 million of potential tax-free growth over 85 years. This obviously has the potential to be a truly amazing strategy. Note that because of the rules that enable people to stretch out distributions of an inherited Roth, the people who benefit the most are young.

To review if Roth strategies may be a good addition to your overall planning, please contact DWM and allow us to assist you in this process.

When Your Plan Ends…

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As our clients know, we use MoneyGuidePro (MGP) as our financial planning software tool and we generally review our clients’ particular plan with updates when we meet. This allows us the opportunity to discuss any changes in their lives, perhaps an upcoming life event, like retirement, or a new goal, like starting a 529 for a grandchild. We help to analyze all of the “known” factors and make some assumptions about the future, including when your time on earth may end. MGP euphemistically refers to this as the “plan end”, or in other words, the time when these variables, assets and concerns will no longer be yours!

Here is where good estate planning comes into play. At DWM, we think it is important to help you with the preparation for the end of your life, as well as your legacy after. We aren’t lawyers, but we work with some trusted estate attorneys and can use experienced insights and knowledge of your financial world to make sure that all of your wishes are properly addressed. We have helped many of our clients in this way, as well as many of their extended family members. We offer to carefully review your existing wills or trust in an effort to make sure your asset distributions and beneficiary designations are how you want them. We like to provide our own CliffsNotes version in a summarized Estate Flow for your convenience.   If things need updating, we can make some recommendations on how and also on who can help you with the legal paperwork and advice.

We also review all of your estate plan ancillary documents that discuss your end-of-life plan. These include the Health Care Power of Attorney (HCPOA), which designates an agent to represent you on health care decisions, the Durable Power of Attorney (DPOA), which designates a financial, legal and business representative on your behalf and the Living Will, which essentially outlines your care wishes in the event of incapacitation or when you can’t speak for yourself. Many of our clients come in not understanding how vitally important these documents can be for you and your family to have in place BEFORE there is a reason to need them! These documents are also state-specific and must be updated or kept current for where you spend time, either in a primary or secondary residence. Every situation is different – a terminal diagnosis may give you time to determine the answers for these questions and to generally get your affairs in order. However, a sudden, unexpected incident, especially for a younger person, can leave the people you love with decisions and demands that may be overwhelming.

An article in the WSJ recently talked about this issue of “Preparing for a good end of life”. Planning ahead and talking to your loved ones is important for everyone’s peace of mind. There are some fundamental pieces that should be considered to have a good plan ready. As the WSJ writer recommends, “Imagine what it would take to die in peace and work back from there.” This might include where you want to be and how you will manage the financial and physical obligation of your end-of-life. Would you want to be at home and perhaps have in-home care? Would you rather allow for in-patient hospice treatment so there is less demand on your family? The WSJ references a 2017 Kaiser Foundation study that suggests most people care much more about the burden on their families, both financially and emotionally, than about extending their own life.

The Living Will and HCPOA allow you to specify what kind of medical attention you want during a serious medical event or terminal situation. Will you want to be kept alive artificially while being treated so you can live as long as possible? These documents allow you to determine who will be your representative on these matters and what decisions for your care that you make ahead of time or ask that your representative decide for you. In some cases, the right choice might be someone more neutral than a close family member, as their judgement may be emotionally clouded. Either way, it allows you to make decisions now that will offer a guideline to follow for those who love you. Having these conversations ahead of time about who will make decisions and how you wish to be cared for will hopefully bring solace to your loved ones, as well as relieve any stress for you by knowing that this is in order.

It is also important to ensure that all of your legal affairs are in order. Make sure that all of your bequests to others and the timing for them to receive them are kept up to date. It is also important to make sure deeds and the beneficiary designations on other assets are current and titled the way you want them, whether in a trust to avoid probate or with named beneficiaries to make your wishes clear. Make sure to keep life insurance policy information in a safe place and the beneficiary designations current. Also, safely store a list of all important financial documents and social media passwords in at least one place to make it easier for your personal representative(s) to tie up your affairs. Prepare a business succession plan and keep all the documents current. Don’t put off assigning items of sentimental or financial value to those you want to receive them. Many people are now even planning their own memorial services and writing their own obituaries to lessen the obligation and make sure everything is how you would like it. We are happy to help you store some of these financial documents in our secure “vault” in our DWM cloud.

We may have all experienced or know about situations where no planning was in place or updates to wills, titles and/or beneficiary designations were missing or outdated. Your family and friends will be dealing with tremendous grief during this time, so making these preparations ahead of time will allow both you and them some comfort when it’s time. While it may be hard to have these conversations and make these decisions, it will certainly make it easier for everyone in the long run.

Please let us know if we can help you get these affairs in order. At DWM, we are always happy to help bring peace of mind to our clients and their families.

What will be Your Legacy?

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In the last few years, Elise and I have really gotten into our own family histories. Both sides of Elise’s family came from England, one in the 1830s and one at the turn of the century. My family tree is more diverse. I am 25% German, 25% Finnish, 25% Italian, and, I just recently found out, 25% Jewish. My German ancestors came to America in 1855 and the others came at the turn of the century.

As Elise and I looked back at not only the DNA of our forefathers and foremothers, but also the culture, traditions, stories and values passed on to us, we realize what wonderful legacies we have been given. In a way, we’re all standing on the shoulders of our ancestors.

In the past few years, there’s been a huge increase in people exploring their family history. Ancestry.com sold 1.5 million DNA kits a year ago on Black Friday. The DNA test uncovers your origins. And, Ancestry.com and others have huge online databases and have put together family trees that you can review and expand. This search has caused us to again look at our potential legacy and what it will be. Do you wonder what your legacy will be?

Legacy is defined as “something transmitted by or received from an ancestor or predecessor from the past.” In the simplest terms, it is everything you have worked for in your life. Certainly, that includes money and property, but it’s much more than that. It includes what you have achieved in your work life and your family life, as well as other social relationships and achievements that you ultimately leave behind.

Your estate, on the other hand, is the sum total of everything you own-all of your property (real, tangible and intangible). Your estate requires an “estate plan” to provide for your desired succession of assets, while minimizing taxes and administrative hassles.   If you desire to pass on more than just your assets and transfer your spiritual, intellectual, relational and social capital, you need a “legacy plan.”

The question is not “Will you leave a legacy,” but “What kind of legacy will you leave?” Why not be proactive and intentional in creating your legacy? Why not structure your life in a manner that helps you achieve your purpose and greatest success and safeguards those accomplishments for transfer to future generations? Why not develop and maintain your legacy plan?

If we think of our legacy as a gift, it places an emphasis on the thoughtful, meaningful, and intentional aspects of legacy, as the consequences of what we do will outlive us. What we leave behind is the summation of the choices and actions we make in this life and our spiritual and moral values.

What do you want to leave for your family, the community, your partner or the world? Your legacy can be huge; perhaps a world-changing cause. But it doesn’t need to be a grandiose concept. Instead of wanting to leave a legacy that inspires people to help starving children in the world, you, for example, may relate more with leaving a legacy with your family and friends of how you were kind, accepting and open to others, which might help inspire them to do the same.

A good place to start is to think about the ancestors, mentors and associates whose legacy you admire. What actions can you take to inspire others in the same way?

We encourage you to give some thought to your legacy plan. We’re all creating our legacy every day, whether we realize it or not. And, here at DWM, we’re focused on protecting and enhancing not only your net worth, but your legacy as well.

 

 

The End of an Era

barbara-bush 2Barbara Bush was one of our country’s most cherished Grande Dames of politics and we were all saddened recently when she passed. With her signature white hair and pearls and her no-nonsense attitude, we were a little in awe, as well as inspired, by her example of family loyalty, faith, public service and good manners. She broke boundaries as the First Lady and championed education issues in her life, while remaining a loving wife and strong matriarch for her family. Regardless of what you think of her family’s politics, Barbara Bush was a woman to be admired.

Part of her legacy will now be the grace and dignity with which she managed her end of life. Surrounded by family at her home, she left this earth with the peace and comfort that we all might aspire to. Achieving that smooth and tranquil transition requires some planning, however. There are certain things that can and should be arranged and recorded ahead of time so that one’s loved ones are not unduly burdened and so that your own comfort and care are well-managed.

Caroline Feeney, in an article on wealthmanagement.com, recently outlined some of the lessons learned by watching Barbara Bush. We think these are valuable to review.

1.Understand Probate – Anyone who has been through probate will tell you to avoid it! Probate can be expensive, time-consuming and becomes part of the public record. Protecting your assets with proper titling and using a revocable or living trust can keep assets from going through the probate system. All revocable trusts remain private and anyone can set one up for their beneficiaries.

2.Plan for Contingencies – Think of all the scenarios that might come up. Select trustees and successor trustees with care and with a back-up plan. Consider the age, health and circumstances of beneficiaries, like substance addiction or divorce protection, when determining the age or terms of your designations.

3.Personal Property Memorandum – These are the softer, more sentimental items that you own. Houses and cars are protected by a trust or designated titling and a personal property memo provides a plan for the smaller tangible items. Someone will have to address these personal belongings when you are gone and, since you know them best, you should outline your plans for taking care of them. You only need to refer to the memo in a will or trust for it to be legally recorded. The list can be changed and updated, as you see fit, without involving a lawyer each time!

4.Palliative Care – Less than 30% of people have a Health Care Power of Attorney (HCPOA) that spells out the kind of care you want to receive and the people that you want making the decisions on your behalf if you cannot. The HCPOA allows an agent to make health care decisions, if you are incapacitated, for things like life support, tube feeding or organ donation. Consider those that might not be overcome with grief as agents who are tasked to comply with your wishes.

5.Prepare an inventory of all accounts – This includes a list of all bank and investment accounts with passwords, as well as all digital assets, including social media accounts. You can use a password vault or keep a handwritten list in a safe and then give access to one of your designated trustees.

6.Have Tax Planning Up to Date – The estate tax limits have increased in 2018 ($11.2M individual/$22.4M married couple), so most of us will not need to worry about estate taxes, unless the legislation changes again! It is still a good idea to have all of your information gathered, organized and up to date to make it easier for your executors, trustees and beneficiaries.

7.Designated Beneficiary Planning – We always help our clients make sure that all assets are titled properly, including real estate, investment accounts, qualified plans, bank accounts and life insurance policies.

8.Review Plan Regularly – Once you have a good plan in place, you should review it every year or two or as there are any life changes. At DWM, we keep copies of your documents with our own summary “estate flow” to help manage this.

9.Use Professionals! – This includes a recommended estate attorney to prepare your plan, as well as a professional wealth manager, like DWM, to review it.

10.Everyone Can Have an Estate Plan – You don’t need to be a famous, well-connected political icon, like Barbara Bush, to be thoroughly prepared.

Estate planning can be a daunting and sometimes complicated task. Many of our clients have trepidation about the process when starting, but every one of them feel a great deal of relief and accomplishment when they have done all the work and have a good estate plan in place. Helping our clients navigate all of the requirements and considerations of estate planning is a very important and satisfying part of what we do at DWM. We are not lawyers, but we know our clients well and can help them understand the many objectives and appropriate pieces of a good customized estate plan. Please let us know if you would like to review your estate plan with us!

Digital Legacy

With all of the various accounts, passwords and files that make up our digital identity today, it is easy to see why organization of this information is essential. While this is a subject that many do not like to discuss, it brings up the interesting concept of digital legacy and how important it is to maintain and preserve your digital identity in the event of incapacity or death.  

It is becoming a more and more common practice for financial advisors, including DWM, as well as estate planning attorneys, to advise their clients on a plan to preserve their digital legacy. According to a survey conducted by NAPFA, two-thirds of NAPFA members said that they do in fact advise their clients on digital legacy.

As part of our DWM “Total Wealth Management” process, we provide our clients with an “Estate Flow.”  This has three parts. First, a concise and easy to read recap of all of their estate documents to make it easier to review so that they can assess whether their documents outline their current wishes or if changes need to be made.  Second, a review of titling and beneficiary designations, to make sure the disposition of the estate is as desired and its administration is as hassle-free as possible.  And, third, our recommendations. We have recently added a review of our clients’ digital legacy as part of this process.

It is vital that all information is stored in one designated place to ensure that your entire estate is transitioned smoothly and easily.    There are many applications and services that can help you store passwords to preserve digital legacy. Having a password manager for your passwords so that someone can log in to your accounts in the event of your incapacity or passing and take care of your digital assets is essential. Many cloud-based digital services will actually wipe your data after an account is closed, so it is imperative that your loved ones have a way to access this information before that occurs. Some of the more useful password tools that enable the user to assign heirs include PasswordBox and Zoho Vault.

Aside from password protection, there are other steps individuals can take to ensure their digital legacy is properly handled, such as the introduction of “digital heirs.” As digital legacies begin to become a common hindrance in postmortem estate processes, more companies, such as Google’s Gmail, are instituting ways to improve the flow of digital legacies. Through Gmail’s Inactive Account Manager, found in your account settings page, you can now specify what you would like to have done upon account inactivity. After three, six, nine, or twelve weeks, the user can choose to have his or her data automatically deleted or have a notification email sent to trusted contacts. By enabling a contact email to be sent, the user is allowing this contact to access his or her account, which may contain sensitive information, so it is important to choose this contact selectively. 

The bottom line is this: It is necessary to develop and implement a plan to preserve your digital legacy and ease the transition for your loved ones, making it as simple as possible for them to take care of your digital assets, including financial accounts.  Specifically, at DWM, we would recommend three key components:

  1. Take and record an inventory of all of your digital assets including your user names and passwords and store that information in a secure place.
  2. Work with your estate planning attorney to make sure that digital asset provisions are included in your estate documents. These provisions should allow your successor Trustees or executor/executrix the power to access, view, modify and make use of any electronic accounts including online financial accounts.
  3. Consider providing your successor trustee or executor/executrix now with information about your digital assets.

At DWM we believe your digital assets are a very important part of your legacy.  Getting things in order now can significantly help your loved ones in the future.

Estate Planning – Put Yourself in Charge!

estate plan ducks in a rowTalking about death is uncomfortable and estate planning is one of those topics that no one really likes to discuss. This fall, we were saddened at the passing of three clients and helped their families work through the process of tying up their estates. It reiterated how important these discussions and plans really are. More than half of Americans don’t have wills or any sort of estate plan in place. Estate planning attorneys call this the “do-nothing” approach and the technical term for having no plan when you die is called “intestate”. Basically it means that everything you own, all of your assets that you have accumulated and imagined leaving to your heirs someday, will now be appraised, managed and distributed through the probate court system, not by your family or beneficiaries. As you can imagine, there are tremendous fees and legal costs to this process, requiring probate attorneys for public and lengthy reviews by the court system. In South Carolina, for example, a probate account must remain open for at least 8 months and assets can be frozen while it is sorted out. The process can take well over a year or more to settle the estate.

Aha! So we will just have a Last Will and Testament that spells out all of our wishes, you say. It’s true, a will helps set out the guidelines for how you want your estate to be distributed. However, the will is still administered by the probate court, not your family, and it becomes public upon your death. All of the costs associated with probate will still be there. Probate fees can run as much as 5% of your gross estate value, assessed on the total even before all of your liabilities are paid off! Probate court is not just for estates of the deceased, either. There is a Living Probate, which means your estate can go to probate if you are alive, but become mentally incapacitated. Then the probate court steps in to appoint an agent to control all your personal affairs in a “conservatorship.” This may become more of an issue as people are living longer and we face increased age-related cases of Alzheimer’s or dementia.

You may also have some of your assets titled in Joint Tenancy, short for Joint Tenancy With Rights of Survivorship (JTWROS). The right of survivorship gives ownership to the last remaining owner. Married spouses will often hold property this way so that their asset will automatically transfer to their spouse or joint owner. However, once both of the spouses or both owners have died, the asset, unless it was retitled earlier, will still have to go through probate. And neither a will nor the Joint Tenancy will prevent a Living Probate if one of the owners becomes incapacitated.

One good way to protect your assets and make sure they are managed and distributed the way you wish is to establish a Revocable Living Trust. Used in conjunction with your will, it controls all your assets while you are alive and after your death. Basically, you title all of your assets to your trust, and, with the trust as owner, you (or you and your spouse or others) are your own trustee(s), which means you control your assets just the same as you do now. IRA’s and 401K’s are treated separately and won’t be titled in the trust. You will then designate a successor trustee to take over and manage everything when you die. But when that happens, the assets are not in your name, they are owned by the trust and so there is no need for probate. The successor trustee immediately steps in as your estate manager and can distribute or manage your assets as you have designated. You can also write instructions of how to manage things should you become incapacitated, avoiding the need for a Living Probate. It is a win-win.

Take some time to look at your current estate plan, titling of all assets and all beneficiary designations. Discuss with your financial advisor, perhaps at Detterbeck Wealth Management, and your estate planning attorney the best way to protect and title them. It can take some work to track down lost stock certificates, deeds or account numbers, but it will be worth it in the time, angst and costs saved by avoiding probate. Your loved ones and beneficiaries will be grateful.

When You Pass On, Don’t Leave the Passwords Behind

Digital assets and passwords - RIPIsn’t it fun keeping track of all the different user names and passwords required in a digital world?  I updated my own list a week ago and I had 52 of them, 3 with Apple alone.  If you think it is tough getting into some websites now, can you imagine what happens when someone dies and their digital information needs to be accessed?  It can be a mess.  Leonard Bernstein died in 1990. His password protected memoir Blue Ink has not been broken into yet.

Online accounts have expanded exponentially.  Digital accounts and property may greatly exceed an individual’s paper records and lists of those records.  We are now at the beginning stages of how to include digital assets in estate planning.

On April 19th, Robert W. “Bobby” Pearce, Jr. of Smith Moore Leatherwood LLP presented “Digital Estate Planning” to the Estate Planning Council of Charleston.  My take away from his excellent presentation is that with the explosion of digital assets, all of us must rethink our estate planning.  Who owns the digital assets? Who can access the assets? In short, Bobby suggested that currently, the “rights of representatives, executors, beneficiaries and others are as clear as mud.”

Digital assets are any online property you own including any file, email, documents, photos, videos and images stored on digital devices including desktops, laptops, tablets, smart phones and other storage devices.  Digital accounts are email accounts, software licenses, bank accounts, social networking accounts, domain names, professional accounts, personal accounts and other online accounts.

Mr. Pearce indicated that the current legal status of online property records is largely dealt with by each online website’s Terms of Service (“TOS”). And TOS’ differ greatly.   For example, for yahoo, the account is nontransferable and will be deleted after 90 days.  Google requires a cumbersome process to obtain access to an account. Ultimately, court orders may be needed in both situations.  Only one state, Oklahoma has passed legislation dealing with digital property.  The question is, does the statute trump the TOS contract?  And what happens in the other 49 states?

There are other issues.  What is the value of your digital property?  Domain names and copyrighted work online may have commercial value.  And what about the personal and emotional value of photos and videos on Flickr, You Tube and other sites?  Who should be in charge of your online accounts, user names and passwords when you die?  What will be your instructions to the person?

At a minimum, you should get the following done now:

  1. Inventory your digital assets of all types and locations
  2. Identify the person to handle them
  3. Provide a list of accounts, user names, passwords, PINs and answers to security questions
  4. Instruct your designated person with how you want these to be managed
  5. Provide authority through a digital asset POA or other means

In short, it’s time to put your digital asset affairs in order.