How to Plan for Your Digital Assets in a New York Estate

In today’s world, your online presence is just as real as your physical one. From bank accounts and investment platforms to photo storage, emails, and even social media, much of your personal and financial life lives in the cloud. Yet, many people overlook these “digital assets” when creating an estate plan. This can lead to confusion, loss of valuable data, and even financial consequences for your loved ones.

At The Law Offices of Thomas J. Lavin, we help families in the Bronx, Westchester County, and beyond take a comprehensive approach to estate planning, including digital legacy management. If you’re unsure how your online accounts will be handled when you’re gone, or how to ensure access for the right people, call (718) 957-8695 today. We’re here to help make sure everything you care about is accounted for.

What Are Digital Assets?

Digital assets include any content, record, or file stored electronically, whether online, in the cloud, or on a physical device. This can range from highly valuable financial accounts to sentimental personal files. Common examples include:

  • Email accounts
  • Online banking and investment platforms
  • Cloud storage (e.g., Google Drive, Dropbox)
  • Social media accounts (Facebook, Instagram, LinkedIn)
  • Cryptocurrency and digital wallets
  • PayPal or Venmo balances
  • Websites, blogs, or domain names
  • Loyalty rewards and airline miles
  • Digital photos, music, and videos

If your estate plan only covers physical property and traditional financial accounts, your digital assets could be left in limbo—potentially inaccessible to your family or vulnerable to fraud.

Why Digital Assets Matter in Estate Planning

Losing access to online accounts after someone passes away is more than an inconvenience. In some cases, it can block loved ones from closing financial accounts, collecting money, or preserving treasured memories.

New York law provides limited guidance when it comes to digital property, and many companies have strict privacy policies that prevent account access—even if a loved one has your password. Without proper documentation, survivors may have to go through lengthy legal processes to gain control—or worse, they may lose access entirely.

Some companies delete inactive accounts after a period of time. Others will not communicate with family members without a court order. This means assets could vanish simply because no one planned ahead.

New York’s Law on Digital Assets: The RUFADAA

In 2021, New York adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law gives individuals more control over what happens to their digital accounts after death or incapacity. It allows you to grant access to a “fiduciary” (such as the executor of your estate or a trustee) so they can manage or close your accounts according to your wishes.

But there’s a catch: you must provide explicit written consent in your estate planning documents.

If you don’t, your executor might not be able to access or manage digital accounts—even if they can handle your physical assets. That’s why including digital asset instructions in your will, trust, or power of attorney is essential for modern estate plans.

How to Protect Your Digital Assets in New York

Planning for your digital property doesn’t have to be complicated, but it does require intentionality. Here are the key steps we help our clients take:

Create an Inventory of Digital Assets


Make a detailed list of your accounts, subscriptions, usernames, and (optionally) how they’re accessed. You don’t need to include passwords in your estate plan itself, but you should make sure your fiduciary will know how to find them securely.

Decide Who Should Have Access

Think carefully about who you trust to handle your digital accounts. This might be the same person who handles your financial estate—or it could be someone else with the tech skills to manage online records responsibly.

Use Legal Documents to Grant Permission

Under New York law, your estate plan must contain language specifically authorizing your fiduciary to access digital assets. This is true even if you share your passwords in person. We help our clients update wills, trusts, and powers of attorney with RUFADAA-compliant language.

Review Each Platform’s Tools

Some platforms, like Google and Facebook, offer built-in settings to designate what happens to your account after death. For example, Google’s Inactive Account Manager lets you choose a trusted contact to receive access. These settings can override instructions in a will, so it’s important to review them as part of your planning process.

Back Up Key Files Offline


If you store important documents or photos online, make sure a backup exists—either on an external drive or printed. This ensures your family has access even if an account is unexpectedly locked.

Special Considerations for Cryptocurrency and NFTs

Cryptocurrency and non-fungible tokens (NFTs) bring new layers of complexity to estate planning. These assets exist outside of traditional banking systems and often require private keys or access codes that, if lost, cannot be recovered.

If you hold cryptocurrency, we recommend:

  • Keeping detailed instructions in a secure location for how to access your digital wallet
  • Naming a fiduciary who understands—or can be guided through—the technical side of these assets
  • Documenting your crypto assets and values as part of your overall estate inventory

Failing to do so could result in your digital wealth becoming permanently inaccessible.

Why Choose The Law Offices of Thomas J. Lavin?

Our firm has served New York families for over 30 years with trusted, client-focused legal support. We know that a well-built estate plan is more than a formality—it’s a gift to your family. When you choose us, you’ll work with an experienced team that takes your goals seriously and walks with you through every detail, including digital protections that many other firms overlook.

Don’t Leave Your Digital Legacy to Chance

Digital assets are a real and valuable part of your estate. Ignoring them could mean lost money, lost memories, or lost opportunities for your loved ones. By working with an experienced estate planning attorney, you can make sure your full legacy—including your online life—is protected.

Whether you live in the Bronx, Westchester County, or elsewhere in New York, our team is here to help you build a future that reflects your values and protects what matters most.

Call 718-957-8695 today to schedule a conversation about protecting your digital assets and building a complete estate plan for the next generation.