Have you ever wondered what happens to your Facebook photos, cryptocurrency, or email accounts when you’re gone? Most people haven’t. We work with Wilmington residents every day who are surprised to learn that without proper planning, their digital lives might vanish or become locked away from loved ones forever.
In this post, we’ll explore how to incorporate digital assets into your estate plan and why this increasingly important step can protect both your online wealth and your digital legacy.
Working in estate planning here in North Carolina has shown us that digital assets often slip through the cracks. Bank accounts and houses make the list, but digital possessions? Those tend to get overlooked.
What exactly counts as a digital asset? More than you might think:
These aren’t hypothetical problems—they’re real issues facing North Carolina families right now.
North Carolina has specific laws addressing digital asset management after death or incapacity. The state has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, but what does this actually mean for you?
In practical terms, the law creates a three-tier system for handling digital assets:
This legal framework makes explicit planning essential. We’ve guided countless clients through this process, and the peace of mind it brings is immeasurable.
The foundation of digital estate planning starts with knowing what you have. We help clients build comprehensive inventories that include:
This inventory becomes your roadmap. We recommend updating it yearly—digital assets change rapidly as you open new accounts, close others, or acquire different online investments.
Standard will language often fails when it comes to digital assets. Phrases that worked perfectly for physical property can fall flat when applied to cryptocurrency or cloud storage.
We draft documents with specific language that grants your fiduciaries the legal authority to:
These provisions must comply with both North Carolina law and federal computer access regulations. Our experience with digital estate planning helps navigate these complex requirements.
Incapacity planning deserves special attention. If you become unable to manage your affairs but haven’t died, your power of attorney documents become crucial.
We include specific provisions in these documents that grant your chosen agent authority to handle digital assets during incapacity. This might include managing online banking, maintaining business websites, or accessing important records stored in the cloud.
Cryptocurrency presents unique challenges in estate planning. Without proper access information, Bitcoin, Ethereum, and other digital currencies can be permanently lost—we’re talking complete, irreversible loss.
We work with clients to develop secure methods for preserving access information without compromising security during their lifetime. This often involves coordinating with financial advisors to ensure a comprehensive approach.
Many Wilmington entrepreneurs run primarily digital businesses. E-commerce stores, consultation services operated through websites, digital products, blogs with affiliate revenue—these represent significant value that can continue benefiting heirs.
We develop succession plans that address:
Beyond financial assets, digital footprints contain irreplaceable memories. Email correspondence with distant loved ones, photo libraries documenting children’s growth, social media interactions capturing relationships—these have immense sentimental value.
We help ensure these treasures aren’t locked away forever. Through thoughtful planning, we create pathways for family members to preserve what matters while respecting privacy boundaries.
The consequences of inadequate digital estate planning can be severe and unexpected:
We’ve helped many clients correct course after seeing these risks materialize in other families. Proactive planning remains the best approach.
At Johnson Legal, we believe estate planning must address your whole life—not just your physical assets. When you work with us in Wilmington, we take time to understand both your traditional and digital holdings.
Our approach integrates digital asset planning seamlessly into your overall estate strategy. We stay current with evolving technologies, legal developments, and best practices to ensure our clients receive the most effective guidance possible.
Digital estate planning isn’t an add-on service. It’s an essential component of responsible estate management in today’s interconnected world.
Your online life represents both financial and sentimental value. Doesn’t it deserve the same careful planning as your home, investments, and heirlooms?
We invite you to contact our Wilmington office to discuss how we can help safeguard your complete legacy—both physical and digital. Our team has helped families throughout New Hanover County navigate these new waters with practical, effective solutions.
Don’t leave your digital assets unprotected. Reach out today to ensure everything you value passes according to your wishes, providing both security for your assets and peace of mind for you.
Shane T. Johnson is the CEO and Managing Partner of Johnson Legal, an estate planning and business law firm in Wilmington, NC. With years of experience in estate and business law, he has zealously represented clients in various legal matters, including small business formation and purchasing, estate planning, probate, domestic violence, and other legal cases.
Shane received his Juris Doctor from the University of Wyoming and is a member of the North Carolina Bar Association. He has received numerous accolades for her work, including being named among the Best Probate Lawyers in Wilmington by Expertise.com.
