Call for a FREE Consultation

What to Know About Digital Assets Estate Planning in California
20March 19

What to Know About Digital Assets Estate Planning in California

Digital Assets Estate Planning Estate Planning Lawyer Palmdale CAIn California, your digital assets will die with you unless you make other arrangements through an estate plan. By creating a will, you can get around current state law that doesn’t allow anyone access to your digital assets.

If you have digital assets you want distributed or protected after you die, a Palmdale CA estate planning attorney can help. Contact Herbert Law Office today to learn more.

What Happens to My Digital Assets When I Die?

California law does not provide anyone, including the executor named in your will, authority to access your digital assets. Only an estate plan will allow the digital records you own and control to be passed on after your death.

Without estate planning, your email and social media accounts, websites, blogs, and digital files can continue to exist. But, no one will be able to access, use, change, or delete them.

Digital accounts will remain untouched until the company you opened the account with deletes it. This is often because of the “terms of service” that you agree to when you created the account. They often limit access to you alone and provide the company the right to terminate your account when you die.

What If I Want Someone to Access My Digital Assets?

Without an estate plan, all your digital assets will be lost after your death. If you want your digital assets handled in a certain way, a digital assets estate planning attorney can help.

You’ll need to leave clear instructions for your executor on how to access your accounts and files. List the accounts and files you want accessed with usernames and passwords. And guide them on what to do with them.

This can be part of your will or take the form of a letter to be opened when you die. Whatever you do, make sure your executor knows where to find it and update it regularly.

What If I Don’t Want Anyone to Access My Digital Assets?

If you want your digital assets to die with you, you should still take steps to plan your estate accordingly. You may have good reason for keeping your digital assets as private after death as they were in life. Keeping digital accounts and files private could protect you and others from unnecessary embarrassment or hardship.

The simplest way to keep your digital assets private after you die is to keep anyone from accessing them. Count on California law to keep everyone out of your digital life. Ensure your usernames, passwords, and security questions can’t be guessed.

However, you should not rely on the law to protect your digital assets for long. California law will very likely change. It could follow what other states have done by providing executors wide-ranging access to the deceased’s accounts and files. In the future, your digital assets could be viewed similarly to physical possession. This would make all your digital assets part of your estate available for distribution to your heirs.

The best way to way to limit access to your digital accounts and files after death is to leave clear instructions. This could take the form of a provision in your will or a letter to be found after you die. With proper estate planning, you can tell your executor which assets to touch and which to leave alone.

What You Should Do Regardless of Whether You Want to Keep Your Digital Assets Private

Regardless of what you want to do with your digital assets after death, you’re going to need a plan. California law could change in the near future. Plus, your executor may need access to your digital accounts after you die to wrap up your financial affairs.

To kick off your estate planning, your priority should be to hire an experienced attorney. A Palmdale CA estate planning lawyer can help you craft a plan for all your assets, digital and physical. As part of this work, they will draft your will or a separate letter to protect your digital assets. An attorney can also set up a trust that appoints someone you trust to keep your assets safe for you.

Contact the Herbert Law Office to Learn More About Digital Assets Estate Planning

To take control over the fate of your digital assets after you die, contact a Palmdale CA estate planning attorney. At Herbert Law Office, we can help you plan ahead to protect your most valued assets.

Request a
Free Consultation

What Our Clients Say

  • Very helpful, easy to understand. Felt very comfortable.

    ~ Judy W, Lancaster

    unum disability claims
  • (Marc) was very helpful and professional … patient answering all of our questions with cogent explanations.

    ~ Terry and Nancy L, Palmdale

    unum disability claims
  • Very pleasant and staff extremely helpful … open and honest.

    ~ Steve F, Quartz Hill

    unum disability claims
  • Excellent. Pleasant and well-informed …you educated us.

    ~ Raymond and Lori G, Santa Clarita

    unum disability claims
  • Explained everything well. Always available when our schedule changed. Easy to work with.

    ~ Mark and Suzanne F, Lancaster

    unum disability claims
  • Excellent. Easy process.

    ~ Michael and Susan R, Quartz Hill

    unum disability claims
  • Very efficient … (we appreciate) your attention to detail, ability to explain documents in “plain” English, good response time.

    ~ Thomas and Bonnie G, Tehachapi

    unum disability claims
  • We just kept putting it off. Thank you for your patience … (and) one-on-one personal contact.

    ~ Rex and Denise H, Acton

    unum disability claims
  • Very pleasant, patient and accommodating. Great listener … (the) Antelope Valley community should be proud of having such a caring and wonderful person like you, […]

    ~ Hovsep M and Anna A, Palmdale

    unum disability claims
  • Excellent. Very professional, great attention to detail, seemed to really care … (and) answered all questions.

    ~ Daniel and Linda L, Ridgecrest

    unum disability claims
  • Personable, knowledgeable, explains well. Very happy with the courtesy and expertise in handling our Trust.

    ~ Anthony and Susan C, Lancaster

    unum disability claims
  • It was an easy experience for a hard thing to do. (Marc is) very easy to speak with and made everything easier to understand. We […]

    ~ Bruce and Christina Z, Tehachapi

    unum disability claims
  • (You) were always following up to make sure we had all we needed. Great service … provided a lot of information.

    ~ Carlos and Claudia O, Palmdale

    unum disability claims
  • Excellent. Very informative …friendly … (and) explained things clearly.

    ~ Robert and Joan W, Lancaster

    unum disability claims
  • Marc was great at understanding our needs and he and his staff are so responsive in providing what we need, how we need it … […]

    ~ James and Linda J, Palmdale

    unum disability claims
  • (We appreciate your) thoughtfulness, friendliness and fairness to walk us through the process and helping set up a Special Needs Trust

    ~ Dale and Meryl Z, Tehachapi

    unum disability claims
  • Friendly and welcoming atmosphere. We enjoyed working with Marc. He took time to explain and answer all and any questions … (You) did not rush […]

    ~ Keith and Susan I, Acton

    unum disability claims
  • Marc took his time explaining everything thoroughly to us and answered the many questions we asked. We have busy conflicting schedules, so at times we […]

    ~ Sharron K and Bonnie M, Palmdale

    unum disability claims
  • Very professional staff … (Marc’s) first hand knowledge of the law (was very important)

    ~ Janet B, Lancaster

    unum disability claims
  • Excellent learning experience … (we appreciate your) expertise in the field.

    ~ Danny and Diane T, Ridgecrest

    unum disability claims
  • (My experience) was quite relaxing and worry-free … (Marc is) honest and answered any and all questions that I had leaving me with good feeling […]

    ~ James G, Lancaster

    unum disability claims
  • Excellent. Very professional and on the other hand very open, which made covering sensitive subjects a lot easier. (Marc is) easy to talk to.

    ~ Wilfred and Julia L, Palmdale

    unum disability claims
  • (Marc) was very patient with (me) … (and) anyone with assets and heirs (would benefit from his services).

    ~ Marcy W, Leona Valley

    unum disability claims
  • It is not fun to plan for one’s death, but you helped us be comfortable. You were very considerate to our needs, especially when it […]

    ~ John and Diane H, Palmdale

    unum disability claims
  • You and your staff were professional, helpful and patient … We took a long time getting everything together and you helped us and were patient […]

    ~ Jerry and Gloria V, Palmdale

    unum disability claims
  • Excellent. Very knowledgeable and helpful 🙂 … Your office was very helpful and persistent in keeping in contact with us during a very chaotic year. […]

    ~ Christopher and Naomi E, Temecula

    unum disability claims
  • We were in good hands with Marc’s expertise through every step. He was thorough. We didn’t feel rushed. We know that you are working for […]

    ~ Randy and Rebecca T, Lancaster

    unum disability claims
  • It was a well-paced comfortable experience

    ~ Richard and Clara H, Quartz Hill

    unum disability claims
  • Excellent. Professional and caring … (I liked) being able to contact you to answer my questions.

    ~ Dwight and Paula C, Palmdale

    unum disability claims
  • It was a pleasant and easy experience working with Marc …. Everyone who believes they and their family will “be alright” without a will and/or […]

    ~ Don and Michelle W, Lancaster

    unum disability claims
  • Marc is friendly and easy to talk to, very helpful. Marc explained everything clearly (and) patiently answered questions.

    ~ Evelyn G, Lancaster

    unum disability claims
  • Everyone is so patient with us and our situation. You’re easy to talk to and share personal stories that help (us) think through (our) own […]

    ~ Michael and Sharon W, Tehachapi

    unum disability claims
  • Excellent. Easy, efficient and thorough. (Marc) understood our goals, (his) explanations were easily understood (and he) always returned our calls. Thank you for your help.

    ~ Richard and Brenda M, Palmdale

    unum disability claims
  • The estate planning process was about as easy as a complex process could be. We liked the personal connection we felt with you and the […]

    ~ Craig and Nancy M, Lancaster

    unum disability claims
  • Attorney Herbert, you explained every detail that I couldn’t understand and (were) very professional (and) patient.

    ~ Donald and Karen B, Palmdale

    unum disability claims
  • You and your office personnel were very friendly and professional. You provided answers and we appreciated the advice you provided. You were organized and were […]

    ~ Robert and Nilsa P, Lancaster

    unum disability claims
  • Your patience and ability to explain the legal processes in layman terminology was important to me. You are good at putting clients at ease, which […]

    ~ Harry S, Palmdale

    unum disability claims
  • Great. Marc always tried to work with our schedules (and) promptly returned our calls. (We liked) your patience in all our many questions.

    ~ Larry and Lane R, Acton

    unum disability claims
  • (Our experience was) very pleasant … (we appreciate) your availability.

    ~ Cliff and Debbie B, Palmdale

    unum disability claims
  • We felt an immediate comfortable bond … I had interviewed 7 attorneys before you. You were always kind and respectful and explained everything so I […]

    ~ Alan and Susan S, Lancaster

    unum disability claims
  • Excellent. You also handled my Mom’s Trust … Marc is willing to take the time to talk with me. Thank you.

    ~ James and Johanna M, Palmdale

    unum disability claims
  • Marc is very professional and quick … (with) friendliness (and) good atmosphere.

    ~ Michael and Cheryl Y, Palmdale

    unum disability claims
  • Marc went above and beyond to ensure we understood every detail … We appreciated his patience and knowledge as well as being flexible with our […]

    ~ Russ and Lucy T, Acton

    unum disability claims
  • Just a sincere note of thanks to you for the extended journey toward my estate plan and for all your guidance and help … The […]

    ~ Carolyn H, Quartz Hill

    unum disability claims
  • The whole process was a great experience. The outcome was excellent.

    ~ Michael and Cynthia M, North Edwards

    unum disability claims
  • Excellent. You did a fantastic job getting back to us in a timely manner even through we were pretty slow on our end … My […]

    ~ Robert and Gina S, Palmdale

    unum disability claims
  • Thank you for being so patient and clarifying everything on my estate plan

    ~ Kathy H, Palmdale

    unum disability claims
  • I want to thank you for everything you did to help me. I will gladly recommend you to anyone.

    ~ Sue S, Quartz Hill

    unum disability claims
  • We appreciate your integrity and honesty. I will recommend you to all my friends.

    ~ Paul and Cheryl S, Lancaster

    unum disability claims
  • I just wanted to say thank you for all you have done. I will highly recommend your legal

    services to anyone looking for a great […]

    ~ Kelly C, Palmdale

    unum disability claims
  • Words cannot express how grateful I am to you.

    ~ Kim D, Acton

    unum disability claims
  • Thank you so much.

    ~ Mike R, Lancaster

    unum disability claims
  • We th good counsel.

    ~ John and Julie K, Lancaster

    unum disability claims
  • Thank you so much. I really appreciate your help.

    ~ Amy K, Quartz Hill

    unum disability claims
  • Just want to say thank you for all of your help and your time. May God bless you.

    ~ Scott D, Palmdale

    unum disability claims
  • Thank you! Thank you! Thank you! Oh, and thank you again!

    ~ Chris B, Quartz Hill

    unum disability claims
  • What else can I say? Thank you big time. We are so appreciative. You deserve our sincere gratitude!

    ~ Mark and Pam B, Lancaster

    unum disability claims
  • Thank you so much for all of your help.

    ~ Linda W, Palmdale

    unum disability claims
  • Remembering you with gratitude. Sincere thanks from the entire family.

    ~ Charles and Danielle S, Lancaster

    unum disability claims
  • Thank you for all of your good work. You’re a great man, and I’ll definitely send you all of my

    referrals.

    ~ Jim L, Quartz Hill

    unum disability claims
  • Marc was very thorough and professional while explaining the legal issues in an easy to understand method. We felt at ease with the entire process […]

    ~ Don and Yvonne (Rosamond)

    unum disability claims
unum claims New York ERISA Attorney

Areas Served :

Proudly serving Palmdale, CA and the surrounding areas.