Your Digital Afterlife: Why Social Media Needs a Place in Your Estate Plan

IN THIS POST:

• What Happens to Your Social Media Accounts When You Die?

• Why You Should Include Social Media in Your Estate Plan

• The Legal Side: Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)

• Don't Forget About the “Traditional” Intellectual Property

• Steps to Take Now

• Ready to Plan for the Future?

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We live in an age where a significant portion of our lives exists online. From Facebook to Instagram, LinkedIn to YouTube, our social media accounts often contain years of personal photos, conversations, and even business-related content. But have you ever thought about what happens to all of that information when you pass away?

It’s not exactly dinner-table conversation, but the reality is that, without proper planning, your digital legacy could be left in limbo. And worse, your loved ones might face a legal mess when trying to access or manage your accounts. While it might feel uncomfortable to think about now, taking steps to include your social media in your estate plan can save your family from a lot of stress down the road.

What Happens to Your Social Media Accounts When You Die?

Most social media platforms have strict terms of service agreements (TOS) that dictate what happens to your account after you die. These terms vary from platform to platform, but one thing is consistent—unless you’ve taken prior steps, your family likely won’t have the authority to manage or even access your account without going through a complicated legal process.

For example:

• Facebook allows you to designate a “legacy contact” to manage your account after your death. This person can handle certain functions, such as memorializing your profile or responding to friend requests, but they won’t have access to your private messages.

• Instagram and Twitter allow family members to request account deletion, but they won’t give full access to the content within the accounts.

• Google offers an “Inactive Account Manager” feature, allowing you to decide who gets access to your data after a set period of inactivity.

While these features are helpful, they can be limited. If you don’t want your social media accounts to sit untouched or be inaccessible to your family, including instructions in your estate plan is essential. Also, note that the above examples are using TOS in effect today (10/24/2024) - you have to regularly check-up and see if there are any changes.

Why You Should Include Social Media in Your Estate Plan

The value of a well-thought-out estate plan is already well known when it comes to handling property, finances, and healthcare decisions. But in today’s digital world, it’s equally important to address your online presence. Including your social media accounts in your estate plan ensures that your family has the proper legal authority to manage or delete your accounts according to your wishes.

Here’s why you should act now:

1. Prevents Emotional and Legal Headaches for Your Family

Imagine a loved one passing away, and you're left with no access to their Facebook or Instagram accounts. Beyond the emotional toll, navigating social media companies’ legal policies can be a nightmare. Your family may be stuck trying to figure out how to memorialize your accounts or even have them deactivated. By including these digital assets in your estate plan, you give your family the legal authority to act on your behalf, reducing stress and confusion.

2. You Control the Narrative

By designating someone to manage or delete your accounts, you ensure your wishes are honored. You can decide what happens to your personal photos, posts, and memories. If you’re concerned about privacy or preserving your online identity, your estate plan can provide explicit instructions on how your social media accounts should be handled.

3. Access to Digital Assets

Some social media accounts can contain valuable digital assets. For example, YouTube accounts may include monetized videos, and Instagram accounts might be tied to business ventures or sponsorships. These accounts should be treated as part of your estate, just like any other asset. By planning ahead, you ensure these digital properties are properly managed after your death.

The Legal Side: Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)

In Massachusetts and many other states, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provides a framework for giving fiduciaries (such as the executor of your estate) access to your digital assets. However, this law only works if you take proactive steps in your estate plan. Without clear instructions, your executor may not have the authority to manage or access your social media accounts.

Don't Forget About the “Traditional” Intellectual Property

While it’s crucial to include your social media in your estate plan, it’s equally important to understand that this step doesn’t address copyrighted materials, trademarks and other forms of intellectual property (a/k/a/ the “the IP assets.”) Social media accounts often contain photos, videos, and written content that may be subject to IP protections. If your accounts include works you’ve created—such as artwork, music, writing, or photography—those items are governed by copyright law and could be treated as separate assets in your estate.

The transfer of intellectual property assets is a separate and more complex issue, which requires a different legal strategy. To properly address the transfer of intellectual property rights, it’s essential to have a conversation with an experienced estate planning attorney (that’s where I come in!). We can discuss how to manage and pass on any intellectual property to your heirs to ensure your creative works are protected for future generations.

Steps to Take Now

Here are some simple steps you can take to start securing your digital legacy:

1. Create an Inventory of Your Social Media Accounts: Make a list of all the platforms where you have accounts—Facebook, Instagram, LinkedIn, YouTube, etc.

2. Designate a Digital Executor: Choose a trusted individual to handle your digital assets after your death. This person can be named in your estate plan.

3. Use Platform Features: Take advantage of existing tools like Facebook’s legacy contact or Google’s Inactive Account Manager to designate someone who can manage your accounts.

4. Include Your Digital Assets in Your Estate Plan: Work with an estate planning attorney to ensure your social media and other digital assets are included in your will or trust. Be sure to specify what should happen to your accounts—whether they should be memorialized, deleted, or transferred to a family member.

5. Discuss Intellectual Property: If you have any intellectual property tied to your social media (photos, artwork, writing, etc.), have a separate conversation with your attorney about how to handle those assets.

Ready to Plan for the Future?

While it may feel overwhelming to think about what happens to your digital presence after you're gone, addressing it now can save your loved ones a lot of hassle later. By taking the time to include your social media and digital assets in your estate plan, you’re ensuring that your legacy—both online and off—is protected.

If you have any questions about how to get started or if you’d like to discuss the transfer of intellectual property assets, I’m here to help. Contact me to schedule a consultation, and let’s make sure all of your assets—physical, digital, and intellectual—are taken care of.