As an estate planning attorney here in Illinois, I’ve seen firsthand how technology is changing the way we approach wills, trusts, and long-term planning. Many of my clients ask what happens to their email, social media, cloud accounts, cryptocurrency, or online photos when they pass away. These are called digital assets, and they’ve become a significant part of our estates—even if they don’t always have financial value. The truth is, your digital life doesn’t disappear when you’re gone. Unless you address it directly in your estate plan, it can create confusion or even conflict for your loved ones.
Illinois law allows you to decide who can access and manage your digital assets after death, but you must take proactive steps. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by Illinois as 755 ILCS 70, gives your chosen representative limited authority over your digital accounts, but only if certain conditions are met. You must either authorize access through your estate documents or by using the service provider’s own online tools, such as Google’s Inactive Account Manager or Facebook’s Legacy Contact setting.
What this means is that your executor or trustee cannot simply log into your email, iCloud, or Bitcoin wallet using your password, even if they know it. In many cases, doing so could violate federal privacy laws or the provider’s terms of service. RUFADAA creates a legal path for your representative to request access or control, but that only works if your estate plan addresses it clearly.
As your attorney, I work with you to make sure your digital assets are protected just like your home, bank accounts, or retirement plans. That starts by identifying what digital property you have—email accounts, social media, cloud storage, online subscriptions, financial apps, or digital wallets—and documenting how they should be handled. You can designate who should access or close these accounts, what files or messages should be preserved, and which ones should be deleted.
Digital assets can also have financial value. Think about cryptocurrency accounts, PayPal balances, domain names, monetized YouTube channels, or business software licenses. If these aren’t included in your estate plan, they can be lost forever. Many digital accounts don’t leave a paper trail, so unless you provide secure access and clear instructions, your heirs may not even know they exist.
If you become incapacitated before passing, digital assets can also create barriers for your agent under power of attorney. That’s why I include digital asset language in both wills and powers of attorney for property. Under 755 ILCS 45/3-4, your agent must have express authority to manage digital property. Without that, even basic access could be denied by the provider.
Taking the time to plan for your digital life protects your family from stress, loss, or legal disputes later on. Whether it’s securing valuable files or simply closing out old accounts, your estate plan should reflect the way we live today—connected and increasingly digital.
Digital assets include anything stored or accessed online—email, social media, cloud storage, financial accounts, digital photos, cryptocurrency, personal blogs, and even subscription services. These assets may have sentimental, financial, or legal value and should be accounted for in your estate plan just like traditional assets.
Only if you’ve authorized it in your estate documents or through the account’s online settings. Under 755 ILCS 70, service providers are not required to grant access unless they receive legal authorization. Without it, your executor may be denied access due to privacy laws or the company’s internal policies.
If your estate plan doesn’t mention digital assets, your executor may have no way to access important accounts. This could lead to lost files, unresolved financial issues, or digital property that’s permanently locked. It can also create confusion for your loved ones, especially if they’re unaware of certain online accounts.
Yes, in many cases it could be. Logging into someone else’s account—even with permission—may violate federal laws like the Computer Fraud and Abuse Act or terms of service agreements. That’s why RUFADAA (755 ILCS 70) exists: it provides a legal method for designated agents to request access with proper documentation.
There are two ways. First, use the digital service’s online tool (like Facebook’s Legacy Contact). Second, include clear language in your will, trust, and power of attorney that grants your representative access to your digital assets. I can help make sure this language meets legal requirements under Illinois law.
Cryptocurrency and online investments must be treated carefully. Without proper documentation, your digital wallet could become inaccessible. I recommend keeping secure records of wallet keys and access information in a way that your fiduciary can retrieve them with the legal authority you provide through your estate plan.
Yes, under Illinois law, you can name a digital fiduciary who is different from your executor or trustee. This person can be someone with the technical ability to handle digital assets. You should also document their authority and instructions clearly in your estate plan.
Absolutely. Under 755 ILCS 45/3-4, your agent must have explicit permission to manage digital assets during your lifetime if you become incapacitated. Without this, banks, cloud services, and email providers may deny access, even if you have a valid power of attorney in place.
No, you should never include passwords directly in legal documents because they become part of the public record during probate. Instead, keep your digital credentials in a secure location, like a password manager or encrypted file, and make sure your fiduciary knows how to access them with your written permission.
Start by creating an inventory of your digital accounts and assets. Then, meet with an estate planning attorney to review your current documents and update them with digital asset provisions. This ensures your wishes are legally enforceable and your loved ones are not left with unnecessary complications.
At Harold W. Conick & Associates, I help individuals and families protect every part of their legacy, including their digital assets. As more of our lives move online, your estate plan must keep up with the times.
To protect your digital assets and ensure your wishes are honored, contact our Chicago estate planning attorney at Harold W. Conick & Associates by calling (800) 608-8881 to receive your free case evaluation. We proudly serve clients in Chicago and throughout all of Illinois.
