Our estate planning attorneys have seen how much estate planning has changed over the past decade. Most of us now manage our lives through digital platforms—whether it’s online banking, email, photo storage, or social media accounts. But while many people are careful to plan for homes, retirement accounts, and personal property, they often overlook their digital presence. That can lead to confusion, lost assets, or even legal battles after someone passes away.

What Happens to Your Online Life After Death?  

Digital assets are part of your life just like physical ones. When we sit down with our clients in Troy or Shelby Township, we make sure to include these assets in their estate plans. The good news is that Michigan law provides tools to manage and transfer digital property. But it takes some planning and the right legal documents to make sure your wishes are followed.

Understanding What Counts As A Digital Asset

A digital asset is any electronic record you own or control. This includes:

• Email accounts
• Social media profiles (Facebook, Instagram, X/Twitter)
• Online banking and PayPal accounts
• Cryptocurrency (Bitcoin, Ethereum)
• Digital photos and videos
• Cloud storage accounts
• Loyalty points or frequent flyer miles
• Domain names and websites

Each of these can carry value—financial, sentimental, or both. Without proper instructions, your family may be unable to access or manage these accounts, even if you’ve left them a will.

Michigan’s Fiduciary Access To Digital Assets Act

Michigan adopted the Fiduciary Access to Digital Assets Act, found under MCL § 700.1001 to § 700.1012, which gives legal authority to a fiduciary (such as a personal representative, trustee, or agent under a power of attorney) to access your digital property. This law balances your privacy with your fiduciary’s responsibilities.

Under this law:

• You can give specific instructions for how digital assets should be handled.
• You can authorize access through an online tool provided by the service provider (like Facebook’s “Legacy Contact“).
• If no instructions are provided, access may be limited to what’s necessary to settle your estate.

The key is to be intentional. Without clear legal direction, your family might have no authority to manage or even view your online accounts.

Why A Will Is Not Enough For Digital Assets

Your will may state who receives your property, but it often doesn’t cover passwords or specific account instructions. That’s why we recommend a digital asset memorandum or a separate document listing:

• The digital assets you own
• Where they are located (platform names)
• How to access them (usernames and passwords)
• Your wishes for each one (delete, memorialize, transfer, etc.)

We also help clients assign a digital executor—someone trusted to carry out these instructions. This role can be added to your existing estate plan or written into your durable power of attorney and trust documents.

What Happens If You Don’t Plan For Digital Assets

If no one can access your accounts, your digital assets may become permanently lost or locked. This can include:

• Unclaimed cryptocurrency
• Business websites or domain names with commercial value
• Cloud-stored photos or videos with sentimental value
• Subscription services that continue to charge your account

In some cases, these accounts can be hacked or misused after death if they are not secured. As attorneys, we help you prevent this by creating a secure and legally valid plan to handle your digital life just like your physical estate.

Steps You Can Take Right Now

• Make an inventory of all your digital accounts and devices.
• Decide who you trust to manage these accounts after your death.
• Include digital access instructions in your estate plan.
• Use online account tools (like Google’s Inactive Account Manager) where available.
• Store your list securely and update it regularly.

Estate planning is not just about who gets what—it’s about making life easier for your family and reducing legal complications after you’re gone.

Frequently Asked Questions About Digital Assets In Michigan Estate Planning

Can My Family Access My Email Or Social Media Accounts After I Die?

It depends on the account and whether you’ve given legal permission. Under MCL § 700.1006, a fiduciary may access the content of digital communications only if you’ve expressly authorized it in a will, trust, or power of attorney. Otherwise, your family may be limited to seeing only metadata or may be denied access entirely by the service provider.

What Is A Digital Executor, And Should I Have One?

A digital executor is someone you appoint to manage your digital property. This person may be the same as your regular executor or someone else you trust with sensitive digital matters. While Michigan law doesn’t require you to name a digital executor, doing so makes it easier for someone to carry out your wishes. We often include this in our clients’ estate plans at Boroja, Bernier & Associates.

Are Digital Assets Handled The Same Way As Physical Property In Probate?

Not exactly. Digital assets often have additional legal restrictions because they are governed by user agreements and privacy laws. That’s why access requires specific authorization. Michigan’s Fiduciary Access to Digital Assets Act addresses this gap, but your will must clearly give your executor the right to access these accounts.

Can I Leave Cryptocurrency In My Will?

Yes, but there are important steps to take. You must include detailed access instructions—such as private keys, wallet locations, or credentials. Without that, the cryptocurrency may be lost permanently. We help clients include secure plans for transferring digital currency as part of their trust or estate documents.

What Happens To My Online Subscription Accounts After Death?

If your digital estate plan doesn’t include instructions to cancel subscriptions like Netflix, Amazon Prime, or Spotify, they may continue to charge your bank or credit account. This is one reason why it’s helpful to create a list of accounts and share it with your digital executor, so these can be managed or canceled promptly.

Can I Designate My Facebook Or Google Account Preferences Before Death?

Yes. Many digital platforms now allow users to make choices while they’re alive. Facebook lets you choose a “Legacy Contact” to manage your profile. Google offers an “Inactive Account Manager” to decide who gets access after a certain period of inactivity. These tools are legally valid under Michigan law and can supplement your estate plan.

Call Boroja, Bernier & Associates To Plan For Your Digital Assets Today

At Boroja, Bernier & Associates, we help individuals and families in Troy, Shelby Township, and throughout Oakland and Macomb County protect every part of their legacy—including their digital presence. Don’t wait until it’s too late to take control of your online accounts and digital property.

To schedule your consultation, call our Michigan estate planning attorneys at Boroja, Bernier & Associates by calling our law offices at 586-991-7611. Let’s make sure your digital assets are handled with the same care and attention as everything else in your estate plan.