Digital Assets and Online Accounts in Trust Planning

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Think about everything you own online. Your bank accounts, investment portfolios, cryptocurrency wallets, email accounts, social media profiles, digital photo libraries, and even subscription services all have real value. Now ask yourself, what happens to all of that when you pass away or become incapacitated? If you don’t have a plan, your loved ones may find themselves locked out, confused, or worse, watching those assets disappear forever. At Slowik Estate Planning, located in Atlanta, Georgia, we help clients build comprehensive estate plans that account for every asset, including the ones that only exist online.

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What Are Digital Assets and Why Do They Matter in Your Trust?

A digital asset is any information or resource stored or accessed electronically that holds value to you. A digital asset means any information or resource that is stored or accessed electronically that holds value to you. Digital assets include information stored on a computer, smartphone, cloud service, and more. The value can be emotional or practical, not just financial. So not just online bank accounts and cryptocurrency count as digital assets, but also folders on your computer, your social media accounts, and more.

When you think about your estate plan, you probably think about your home, your retirement accounts, and maybe a life insurance policy. But your digital life is just as important. Consider your online brokerage account. Think about the cryptocurrency you’ve been holding. What about years of digital photos stored in iCloud? All of these things have value, and all of them need a plan.

Here’s the problem. If you don’t plan for your digital accounts, those accounts may be locked, funds may be lost, and memories may disappear. Digital estate planning ensures that your executor or successor trustee knows what exists, how to access it, and what to do with it. A trust is one of the most effective tools for handling digital assets because it allows your trustee to manage those accounts without going through probate court. The Revised Georgia Trust Code, found under O.C.G.A. Title 53, Chapter 12, gives trustees broad authority to administer trust property, and that authority can and should extend to your digital holdings. Working with an estate planning attorney in Atlanta is the best way to make sure your trust is written to cover all of your assets, digital and physical alike.

Don’t assume your family will figure it out on their own. Without proper legal authority spelled out in your trust documents, even your closest relatives may be unable to access your accounts. Service providers like Google, Apple, and Meta have strict policies. Without specific legal authorization in your trust or other estate documents, providers like Google, Apple, and Meta typically block all access, even for next of kin. That’s a serious problem, and it’s one that Slowik Estate Planning can help you avoid.

Georgia Law and the Revised Uniform Fiduciary Access to Digital Assets Act

Georgia has a specific law that governs how fiduciaries, like your trustee or executor, can access and manage your digital accounts after you pass away or become incapacitated. Georgia has provisions under the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted in 2018 under O.C.G.A. § 53-13-1 et seq., which allow fiduciaries to manage or access digital assets if authorized. This law is codified under Title 53, Chapter 13 of the Official Code of Georgia Annotated and is one of the most important pieces of legislation for anyone who owns digital property.

So what does RUFADAA actually do? The RUFADAA allows fiduciaries to manage digital assets including computer files, virtual currency, and websites. But fiduciaries cannot access items such as text messages, emails, or social media accounts unless the original owner explicitly consented to that access in his or her will, trust, power of attorney, or other estate planning document. That last part is critical. Your consent must be explicit. A general statement in your trust saying “manage all my assets” may not be enough to satisfy a platform’s legal team.

Under O.C.G.A. § 53-13-30, the legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including the duty of care, loyalty, and confidentiality. This means your trustee has real legal obligations when handling your online accounts. They can’t just do whatever they want. They must act in your best interest and follow the law.

Georgia’s RUFADAA also creates a priority system. A hierarchy of protocols provides clear instructions for how one could go about managing or closing someone’s online accounts. Online tools like Google’s Inactive Account Manager and Facebook’s Legacy Contact let users decide what should happen to their account after death or long periods of inactivity. When tools like this are present, RUFADAA dictates that they have priority over all other instructions, including a website’s Terms of Service. After those online tools, your estate planning documents come next. That’s why having a well-drafted trust with clear digital asset language is so important. Contact Slowik Estate Planning to make sure your documents meet Georgia’s legal standards.

How to Include Digital Assets in Your Trust Documents

Including digital assets in your trust is not as simple as writing “I leave all my online accounts to my children.” Georgia law and platform terms of service both require more precision than that. Your trust documents need to use language that specifically grants your trustee the authority to access, manage, transfer, or close your digital accounts. Without that language, your trustee’s hands may be tied.

Maintain detailed inventories of digital assets, secure private keys, and include explicit trust provisions granting fiduciaries authority under RUFADAA. This is practical advice from the American Bar Association’s Probate and Property publication, and it applies directly to Georgia residents. Your trust should not only authorize access but also provide your trustee with the information they need to actually do the job.

Think about what that inventory looks like in practice. Start by listing your digital assets. Include account names, login credentials, and instructions for use. You don’t need to share passwords directly in your will or trust since that could create security risks. Instead, store them securely using a password manager or encrypted document. Your trust can then reference that secure document so your trustee knows where to find it.

You should also think carefully about what you want to happen to each type of account. Not all digital assets are treated the same. Some should be transferred, others closed, and some preserved. For example, financial accounts should be accessed and distributed according to your estate plan. Social media accounts may need to be memorialized or deleted. Creative works like digital photos, videos, or manuscripts may be passed to family members. Cryptocurrency wallets must be carefully managed to avoid loss. By giving clear instructions, you prevent disputes and ensure that your wishes are honored.

The trust beneficiaries you name deserve clarity. Vague instructions create family conflict. Slowik Estate Planning drafts trust documents with the kind of specific, enforceable language that protects your loved ones and honors your wishes.

Cryptocurrency and High-Value Digital Assets in Trust Planning

Cryptocurrency presents a unique challenge in trust planning. Unlike a bank account, there’s no customer service line to call if your trustee loses access. Cryptocurrency presents unique challenges in estate planning. Unlike traditional bank accounts, digital currencies such as Bitcoin, Ethereum, or NFTs are decentralized. There is no central institution to call if your trustee cannot access your wallet. If the private keys or recovery phrases are lost, the assets are gone permanently. That makes careful planning essential.

This isn’t a small issue. According to the Bryn Mawr Trust 2024 Digital Assets Survey, Americans overwhelmingly report owning digital assets, yet only 29% feel knowledgeable about them. 79% of Americans say protecting digital assets is important, yet only 44% of those with financial advisors say the topic has ever come up in a conversation with their advisor. Surprisingly, among high-net-worth individuals, who on average estimated the value of their digital assets at nearly $1 million, only 36% reported that their financial advisors had ever discussed the issue with them. That gap between ownership and planning is exactly where problems start.

For cryptocurrency specifically, your trust needs to do several things. Document wallets clearly. Include all wallets, exchanges, and custodial accounts in your digital inventory. Identify whether assets are stored on an exchange, in a hardware wallet, or in a software wallet. Then, use RUFADAA language in your estate plan to grant your trustee or digital estate administrator authority to manage cryptocurrency accounts. Without this authorization, they may face legal barriers even if they have the technical ability.

You should also think about who you’re naming as trustee. Appoint technically capable fiduciaries or advisors to manage, recover, and transfer crypto while avoiding irreversible errors. If your chosen trustee isn’t comfortable with cryptocurrency, you can name a co-trustee or a digital estate administrator to handle that specific piece of your estate. An Asset Protection Lawyer at Slowik Estate Planning can help you think through the right structure for your situation. Just as you might plan for your home, your retirement accounts, or even pet guardianships, your digital assets deserve the same level of careful attention.

Steps to Take Now to Protect Your Digital Legacy in Atlanta

The best time to plan for your digital assets is before something happens. Waiting until a health crisis or family emergency makes everything harder. Here are the practical steps you should take, and how Slowik Estate Planning can help you with each one.

First, create a complete digital asset inventory. Your inventory should cover both financial and personal accounts. Think about everything from your online bank to your photo storage. The more complete your list, the easier it will be for your trustee to manage your estate. Keep this list updated. Accounts change. New platforms come and go. Review your inventory at least once a year.

Second, use the right tools to store your access information securely. Use a password manager or digital vault. These tools allow you to store login credentials and encryption keys securely, and many offer legacy access features for trusted contacts. Your trust documents can reference this vault so your trustee knows exactly where to look.

Third, make sure your trust explicitly authorizes your trustee to manage digital assets. Ensure that your will, trust, power of attorney, or other estate documents explicitly grant fiduciaries the authority to manage digital assets in accordance with RUFADAA. This is not optional language. It’s legally necessary under Georgia law if you want your trustee to have clear authority.

Fourth, consider naming a digital executor or co-trustee. Just as you appoint an executor for your estate, you can name someone specifically responsible for handling your digital assets. This person, often called a digital executor or authorized agent, should be someone you trust to manage sensitive information and carry out your wishes accurately.

Fifth, review your estate plan regularly. Maintaining and periodically reviewing an up-to-date estate plan that provides for digital assets ensures continued access and security as rules, accounts, and assets change. Georgia law can change too, and your plan needs to keep pace. The Atlanta estate planning lawyer team at Slowik Estate Planning is ready to review your existing plan or build a new one from the ground up. Call us today to schedule a consultation at our Atlanta, Georgia office.

FAQs About Digital Assets and Online Accounts in Trust Planning

What counts as a digital asset for estate planning purposes in Georgia?

A digital asset includes any electronically stored information or resource that has value to you. This covers online bank accounts, cryptocurrency wallets, investment accounts, email accounts, social media profiles, digital photo libraries, subscription services, domain names, and even intellectual property stored online. Under Georgia law, digital assets are treated similarly to tangible property when it comes to fiduciary management, meaning your trustee has the same duties of care and loyalty toward them as toward your physical belongings.

Does my existing trust automatically cover my digital accounts?

Not necessarily. Many older trusts were drafted before digital assets became a significant concern, and they may not include the specific language required under Georgia’s RUFADAA statute, O.C.G.A. § 53-13-1 et seq. Without that explicit authorization, your trustee may face resistance from online platforms when trying to access or manage your accounts. If your trust was drafted more than a few years ago, it’s worth having Slowik Estate Planning review it to make sure your digital assets are properly covered.

Can my trustee access my email and social media accounts after I pass away?

Under Georgia’s RUFADAA law, a trustee can access the content of electronic communications like emails and social media messages only if you explicitly consented to that access in your estate planning documents. Without that consent, the trustee may be able to access basic account information but not the actual content of your messages. This is why it’s so important to clearly state your wishes in your trust, specifying which accounts can be accessed and to what extent.

What happens to my cryptocurrency if my trustee can’t find my private keys?

If your trustee cannot locate your private keys or recovery phrases for a cryptocurrency wallet, those assets may be permanently inaccessible. Unlike a bank account, there is no institution that can reset your access or recover lost funds. This is one of the most serious risks in digital estate planning. To prevent this, you should document all wallet information, store private keys securely using an encrypted document or hardware device, and reference that storage location in your trust documents so your trustee knows exactly where to look.

How often should I update my estate plan to account for new digital accounts?

You should review your digital asset inventory and estate plan at least once a year. Online accounts and digital holdings change frequently. You may open new accounts, close old ones, or acquire new digital property like cryptocurrency or NFTs. Any time you make a significant change to your digital life, you should also update your estate planning documents accordingly. Slowik Estate Planning recommends scheduling a regular review with your attorney to keep your plan current and enforceable under Georgia law.

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