Digital Estate Planning Agreement Generator

What is a Digital Estate Planning Agreement?

A Digital Estate Planning Agreement is a contract that establishes how an individual's digital assets and online accounts will be managed, accessed, or terminated after their death or incapacity. This agreement outlines inventory of digital assets, access procedures, management instructions, privacy preferences, designated fiduciaries, and compliance with platform terms of service and relevant laws governing digital legacy.

Key Sections Typically Included:

• Comprehensive Inventory of Digital Assets and Accounts
• Access Credentials and Authentication Methods
• Designated Digital Executor or Fiduciary
• Specific Instructions for Each Digital Asset Category
• Social Media Account Management Directives
• Financial Account Access Protocols
• Intellectual Property Rights and Management
• Cloud Storage Content Preservation Instructions
• Subscriptions and Recurring Services Management
• Privacy and Confidentiality Preferences
• Compliance with Electronic Communications Privacy Laws
• Platform-Specific Terms of Service Considerations
• Digital Memorial Preferences
• Timeline for Implementation of Instructions
• Procedures for Updating the Agreement
• Relationship to Traditional Estate Documents

Why Use Our Generator?

Our Digital Estate Planning Agreement generator helps individuals create a comprehensive plan for their digital legacy that aligns with their overall estate planning goals. By providing clear instructions for digital assets, online accounts, and electronically stored information, this agreement reduces stress for loved ones, prevents loss of valuable digital property, and ensures that privacy preferences are respected after death or incapacity.

Frequently Asked Questions

• Q: How should digital assets be categorized and inventoried?

  • A: The agreement should establish categories for different types of digital assets (financial, social, creative, personal), outline required information for each asset inventory entry, and specify secure storage methods for the inventory. It should address updating procedures to keep the inventory current, establish whether values should be assigned to digital assets, and outline how to handle unknown or forgotten accounts. The agreement should also specify whether credentials should be stored within the inventory or separately, establish backup procedures for the inventory document, and outline procedures for discovering digital assets not included in the inventory. The agreement should also address whether cryptocurrency wallets and private keys should be included, establish procedures for documenting domain names and websites, and outline how to inventory digital assets with sentimental versus financial value.

• Q: What provisions should be included regarding access and privacy?

  • A: The agreement should clearly specify who is authorized to access each category of digital assets, outline privacy preferences for different types of accounts, and specify which content should be preserved versus deleted. It should address whether two-factor authentication recovery methods are documented, establish procedures for accessing password-protected devices, and outline compliance with terms of service for different platforms. The agreement should also specify circumstances under which private communications should not be accessed, establish procedures for handling confidential information discovered during account access, and outline time limitations on access permissions. The agreement should also address whether authorization tools within platforms (like Facebook Legacy Contact) have been utilized, establish procedures for handling content the deceased might consider embarrassing, and outline jurisdictional considerations that might affect access rights.

• Q: How should the digital executor's authority and responsibilities be structured?

  • A: The agreement should clearly define the scope of authority granted to the digital executor, outline specific tasks they are expected to perform for different accounts, and specify documentation they should maintain during administration. It should address limitations on authority (such as posting as the deceased), establish procedures for delegating specific responsibilities to specialists, and outline how conflicts with traditional executors should be resolved. The agreement should also specify compensation for the digital executor if applicable, establish reporting requirements to heirs or beneficiaries, and outline liability protections for good-faith actions. The agreement should also address how to handle disagreements among family members about account management, establish procedures for transferring recovered assets to the estate, and outline requirements for documenting access attempts and outcomes.