Why Digital Assets Are Crucial for Your Nebraska Estate Plan
In today's hyper-connected world, our lives are increasingly digital, and so are our valuable assets. From cherished family photos stored in the cloud to essential cryptocurrency investments, digital property is now a fundamental component of modern estate planning. These assets hold significant financial, sentimental, and even legal weight. Without a clear plan, your loved ones in Nebraska could face significant hurdles—or even permanently lose access—to these vital digital legacies. This blog post will demystify digital assets in estate planning, explain their importance under Nebraska law, and guide you through the key steps to safeguard them. We’ll help you ensure your Nebraska estate plan truly reflects the full scope of your life—online and off—protecting your digital legacy for future generations.
What Are Digital Assets?
"Digital assets" refers to any content or information stored electronically. This can include personal, professional, and financial data. Common digital assets can include a wide range of electronic information and accounts:
Communication Accounts: Email accounts (Gmail, Outlook), messaging apps (WhatsApp, Signal)
Social Media & Networking: Facebook, Instagram, LinkedIn, X (formerly Twitter), TikTok
Financial & Investment Accounts: Online banking portals, investment platforms, peer-to-peer payment services (PayPal, Venmo)
Cryptocurrency & Blockchain Assets: Bitcoin, Ethereum, NFTs (Non-Fungible Tokens), other digital currencies and tokens
Digital Media & Storage: Cloud storage (iCloud, Google Photos, Dropbox, OneDrive), digital music libraries, e-books, online video game accounts (especially those with valuable in-game assets)
Online Business & Professional Assets: Domain names, websites, blogs, e-commerce stores (Etsy, Shopify), online intellectual property (copyrighted content, digital art)
Subscription Services: Streaming (Netflix, Spotify, Hulu), online memberships (Amazon Prime, fitness apps), software licenses
Loyalty Programs: Airline miles, hotel points, credit card rewards programs
These assets are often protected by passwords, encryption, or terms-of-service agreements, which can prevent your loved ones from accessing them when needed most.
Why Digital Assets Matter in Estate Planning
If you don’t account for your digital life in your estate plan, your loved ones may face serious hurdles:
Privacy laws may restrict access to your accounts, even for family members.
Valuable information like banking data, cryptocurrency, or family photos could be lost.
Legal delays and expenses can pile up if court orders are required to access online accounts.
In Nebraska, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provides a legal framework for managing digital assets. The law establishes a hierarchy for access:
Instructions provided using an online tool (e.g., Google’s Inactive Account Manager)
Directions included in a will, trust, or power of attorney
Custodian’s terms of service
RUFADAA’s default rules
Accessing the content of electronic communications (like emails or messages) typically requires the user’s explicit consent in estate planning documents. Otherwise, only limited account information (like the catalog of messages) may be accessible.
One case I worked on involved a family member who had to go through probate court just to access a loved one's iCloud account containing thousands of photos and videos. It added unnecessary time, stress, and legal costs—all of which could have been avoided with a more thorough estate plan.
How to Protect Your Digital Assets in an Estate Plan
1. Create a Complete Inventory
Start by listing all your digital assets. Include:
Account usernames and associated email addresses
Passwords (or note where passwords are stored)
Two-factor authentication settings
Backup accounts or recovery codes
Store this list securely using a reputable password manager with an emergency access feature, or in a secure, encrypted digital file shared with your attorney or trusted personal representative.
2. Designate Your Digital Asset Fiduciary
In Nebraska, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provides a clear legal framework. While the Act doesn't specifically use the term "Digital Executor," it allows you to grant your personal representative (executor), trustee, or agent under a power of attorney the explicit authority to manage your digital property. By naming this person and clearly outlining their authority in your estate plan, you provide crucial guidance and legal backing that can prevent significant delays and complications.
3. Include Digital Assets in Your Legal Documents
Work with a Nebraska estate planning attorney to:
Mention digital assets explicitly in your will, trust, or power of attorney
Specify who should have access to each category of digital assets
Authorize access to the content of communications (not just metadata), as required under RUFADAA
Avoid vague language like "all my digital property" in favor of clear, categorized instructions
4. Use Platform Tools
Some tech platforms allow you to assign a legacy contact or inactive account manager:
Google: Inactive Account Manager
Facebook: Legacy Contact
Apple: Digital Legacy feature
These tools take legal priority under RUFADAA and can streamline access.
5. Review and Update Regularly
Your digital life evolves. Review your inventory and plan at least once a year or whenever you open a new account, change a password, or acquire new digital assets.
FAQs About Digital Assets and Estate Planning in Nebraska
What happens to my online accounts when I die?
Unless you plan ahead, access is typically denied. Nebraska's RUFADAA allows for legal access to be granted, but only if you explicitly authorize it in your estate plan or through online tools provided by the platform.
Can my executor get into my email or social media accounts in Nebraska?
Not automatically. Under Nebraska's RUFADAA, your personal representative needs legal authority, and in many cases, explicit language in your estate documents. Custodians (like Google or Facebook) are often restricted by their terms of service and federal privacy laws. Explicitly granting permission in your will or trust, or using platform-specific legacy tools, is crucial.
Is cryptocurrency treated differently in estate planning?
Yes. Crypto assets are highly secure and decentralized, meaning access is impossible without private keys. If those keys aren’t accounted for, the assets may be lost forever. For significant holdings, consider using a secure custodian or multi-signature wallet strategy as part of your estate plan.
How do I securely store my digital asset information?
Options include password managers with emergency access features, encrypted USB drives, or secure cloud storage shared with your attorney or digital asset fiduciary.
Should I include streaming accounts or subscriptions?
Yes, especially if they involve shared payment methods or recurring charges. These accounts often need to be canceled to avoid unnecessary expenses and confusion.
Need Help Including Digital Assets in Your Estate Plan?
Digital assets are part of your legacy—and they deserve the same care and attention as any other part of your estate. Whether you're creating a new plan or updating an existing one, I can help you make sure your digital life is protected and accessible to those who matter most.