Digital Release

Who Has the Keys to Your Digital Assets?

Have you ever logged into a spouse’s or parent’s online account to pay a bill or check their email? While it may seem harmless, you may have technically violated the terms of service you agreed to when you clicked “accept.” In our increasingly paperless world, our most important financial and personal information is locked behind a digital wall, protected by passwords and privacy policies.

These digital assets—email accounts, social media profiles, online banking, photo clouds, and more—create a massive challenge for the people you’ve chosen to manage your affairs if you become incapacitated or pass away.

Why Your Power of Attorney Isn’t Enough

A common misconception is that a Power of Attorney or a will grants your agent or executor automatic access to your digital life. This is incorrect. Most online platforms’ terms of service state that your account is available to you and you alone. They are often not legally required to recognize the authority of a Power of Attorney, court-appointed Guardian, or Executor.

This can create an impossible situation for your loved ones. If all your bank statements, bills, and financial records are delivered electronically, how can your executor identify your assets and pay your final debts? How can they access precious family photos stored in the cloud?

The Solution: A Digital Release

A Digital Release is a specific legal document that is now a critical part of any modern estate plan. It provides your explicit, legally binding consent for the fiduciaries you’ve named (your agent, executor, or trustee) to access, manage, and distribute your digital assets.

This document gives companies the legal permission they need to release information to your chosen representative, allowing them to effectively and efficiently settle your affairs.

Don’t Forget Your Password List

In addition to a legal Digital Release, we strongly recommend that our clients create a secure list of their usernames and passwords. This practical step, combined with the legal authority of a Digital Release, is the best way to ensure your trusted agent has the tools they need to manage your digital legacy according to your wishes.

In today’s world, planning for your digital assets is no longer optional. If your estate plan does not include a Digital Release, it is incomplete. Call our office to schedule an appointment to set up your essential estate planning documents. Call our office at (919) 256-7000 to schedule a consultation.