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Digital Asset Planning

Protecting Your Data With A Digital Estate Plan

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The tech landscape is changing constantly, and many people now store and use information

electronically, rather than on paper. At DeAngelus Goralczyk, PLLC, we can help you protect these data

once you pass on or become incapacitated as part of a comprehensive estate plan.

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This developing area of estate planning is known as creating a digital legacy plan or digital asset

protection. We like to think of it as estate planning for your cyberlife. Our attorneys, who have extensive

experience in both estate planning and cybersecurity law, can help you execute the appropriate

documents that will dictate what will happen to all of these records and who will have control of them

after you pass away or become incapacitated. We can help you decide who this digital personal

representative should be and the extent of their duties in taking over your digital estate.

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Our firm can help you plan for the handling of all types of information stored through different modes of

technology, including:

  • Personal correspondence and files

  • Email accounts

  • Business contacts and relevant business documentation

  • Sensitive financial information

  • Archives of creative portfolios for professionals

  • Personal photos and other media capturing memories and family history

  • Non-Fungible Tokens (NFTs) and other digital assets

  • Social media accounts such as Facebook, Twitter, LinkedIn, etc.

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These records may be in emails, on external websites, hard drives, flash drives, CDs or other storage

devices. We can advise you on effective ways to inventory your digital assets as well as the login and

password details needed to access these records, so that your personal representative can administer

them in a timely and efficient manner.

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By setting up a digital asset protection plan, you can avoid this information from being lost or your loved

ones not having access to crucial information such as bank accounts and contact information to notify

others of your passing. A digital personal representative can also control who has access to this

information as well as distribute records, archives and data that can be used to retrieve other assets in

your estate.

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Creating A Will For Social Network Accounts

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Creating a will for social network accounts also has a number of benefits. It can specify what you would

like to shut down as well as what should be posted to notify contacts of your passing or illness. Having a

plan of action for your social media can also alert people you may not be in constant contact with as

well.

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