As part of a comprehensive estate plan, estate planning attorneys routinely ask clients to prepare written inventories of everything they own. In an increasingly online world, that inventory must extend beyond tangible property and traditional financial accounts to include digital property. Many people, however, still associate estate planning with homes, vehicles, and bank accounts, overlooking the extensive digital footprint they have accumulated over decades. Email accounts, cloud storage, online banking, social media, and even loyalty programs can all hold financial, sentimental, or administrative value. Failure to identify and plan for these assets can create confusion, delays, and unnecessary stress for loved ones during the administration of your estate. To help ensure that your estate plan includes all your assets, the Essex Junction attorneys at Unsworth LaPlante, PLLC provide a Vermont digital estate planning checklist.

Identifying Digital Assets

Technology has reshaped daily life at an extraordinary pace. Devices that were once considered luxuries are now integral tools for communication, education, commerce, and recordkeeping. From early childhood through retirement, individuals rely on digital platforms to store information, manage finances, and preserve memories. As a result, nearly every adult owns digital assets, even if they do not immediately recognize them as such. The first step toward protecting these assets is identifying them clearly and thoroughly. Taking time to create an organized list provides the foundation for incorporating digital property into an estate plan. Examples of common digital assets and how to incorporate them into your estate plan include:

Email Accounts: Email accounts often serve as the central gateway to an individual’s digital life. They are commonly used to reset passwords, verify identities, receive financial statements, and communicate with professional service providers. Without access to email, executors and family members may find themselves locked out of numerous other accounts.

A practical approach involves documenting each email provider used, along with associated usernames and instructions for accessing credentials. This information should never be placed directly in a will, which becomes a public document, but instead stored securely. Many people rely on password managers, supplemented by written instructions kept with estate planning documents or entrusted to a reliable individual. Appointing someone to manage or close email accounts, sometimes referred to as a digital executor, can simplify administration and prevent ongoing security risks.

Online Financial Platforms and Cryptocurrency: Financial activity increasingly takes place through online-only platforms. Digital banking, investment applications, peer-to-peer payment services, and budgeting tools are now commonplace. These accounts often replace or supplement traditional financial institutions, making them critical components of an estate.

Cryptocurrency presents additional complexity. Digital wallets may be protected by private keys that cannot be recovered through customer service channels. Without proper planning, these assets can be permanently lost. Maintaining an updated inventory of all online financial services, along with instructions for accessing credentials or locating secure storage information, is essential.

In Vermont, estate planning tools such as durable powers of attorney and trusts can be structured to authorize fiduciaries to manage digital financial accounts. Clear instructions regarding whether accounts should be closed, transferred, or distributed help ensure compliance with state law and minimize administrative delays.

Social Media Accounts and Online Identity: Social media profiles often reflect personal history, relationships, and professional identity. Platforms such as Facebook, Instagram, LinkedIn, and X each maintain distinct policies regarding account memorialization or deletion following death. Without guidance, loved ones may struggle to navigate these policies during an already difficult time.

Creating a list of social media accounts and documenting preferences for each platform provides clarity. Some individuals prefer accounts to be memorialized, preserving photos and posts, while others wish for complete deletion. Certain platforms allow users to designate a legacy contact through account settings. Including parallel instructions within estate planning documents ensures that personal wishes align with platform policies and Vermont law.

Digital Photos and Video Archives: Photographs and videos are now rarely stored in physical albums. Instead, they reside in cloud-based services, external hard drives, or personal devices. These digital records often represent irreplaceable memories, family history, and creative work.

Planning begins by identifying where digital media is stored, whether through services such as Google Photos, iCloud, Dropbox, or private servers. Access instructions should be provided to a trusted person. Individuals may also wish to specify how certain collections should be shared or preserved. Including these directions in a will or trust helps ensure that meaningful digital content is not lost or inadvertently deleted.

Domain Names and Websites: Ownership of domain names and websites is frequently overlooked, even though these assets may hold monetary or professional value. Personal blogs, business websites, and online portfolios can generate income or serve as important branding tools.

A complete digital inventory should list domain registrars, hosting providers, renewal schedules, and administrative contacts. Instructions for transferring ownership or maintaining the site are particularly important for business owners. In Vermont, incorporating digital property into a broader succession or estate plan supports continuity and reduces the risk of service interruptions or lost revenue.

Subscriptions, Memberships, and Reward Programs: Recurring digital services are easy to forget, though they often carry ongoing financial consequences. Streaming platforms, software subscriptions, professional memberships, airline miles, and credit card reward programs may contain value or generate automatic charges.

Maintaining a record of these services allows executors to cancel unnecessary subscriptions, transfer benefits when permitted, or redeem accumulated rewards. Clear instructions reduce the likelihood of continued billing or forfeited benefits. This step also supports efficient estate administration by eliminating guesswork.

Cloud Storage and Password Management Tools: Cloud storage services and password managers frequently serve as repositories for sensitive information. They may contain financial records, personal correspondence, legal documents, and login credentials for other platforms. In many cases, these tools act as the keys to the entire digital estate.

Identifying which services are used and determining who should access them is critical. Many password managers offer emergency access features that are activated after a specified period. Establishing these settings in advance ensures continuity while maintaining security. Secure sharing methods should always be prioritized over informal disclosure of credentials.

Accessing Digital Assets After Death

Identifying digital property is only part of the planning process. Access authority determines whether fiduciaries can lawfully manage or distribute these assets. Without proper authorization, even a detailed inventory may be of limited use. Many states, including Vermont, have adopted the Revised Uniform Fiduciary Access to Digital Assets Act, commonly known as RUFADAA. This law establishes a structured framework for fiduciary access and prioritizes user intent through a tiered system.

The first tier applies when an online service offers a built-in tool allowing users to specify what happens to digital assets after death or incapacity. Designations made through these tools generally take precedence.

The second tier applies when no such tool exists. In that situation, instructions provided in a will, trust, or power of attorney guide the handling of digital property.

The third tier applies when neither platform tools nor legal documents address access. Under this scenario, the service provider’s terms-of-service agreement governs access, which often restricts fiduciary authority.

Vermont’s enactment of RUFADAA provides Executors and Personal Representatives with a legal pathway to manage digital assets, provided that proper consent and documentation exist.

Integrating Digital Assets into an Estate Plan

Digital property can be addressed through traditional estate planning roles, though many individuals choose to appoint a separate digital executor. This person is responsible for locating, accessing, and managing electronic accounts in accordance with the estate plan.

Assets with independent value, such as intellectual property, monetized websites, or online businesses, may be distributed through a will or trust in the same manner as physical property. Gatekeeper assets, including login credentials and authentication tools, require careful handling because they provide access to valuable underlying property.

Coordination between estate planning documents and digital inventories is essential. Clear authority, updated records, and professional guidance help ensure that digital assets are protected, transferred appropriately, and managed in compliance with Vermont law.

Can We Help You with Digital Estate Planning in Vermont?

For more information, please attend one of our upcoming FREE webinars. If you would like assistance with digital estate planning in Vermont, contact an experienced Essex Junction estate planning attorney at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.