back to actual estate planning… estate planning for websites?

The primary goal of estate planning is to help your loved ones cope with your death. Of course that means stewarding money and property. It means making sure minor children you are responsible for are cared for. It means making your medical and end of life choices known. It means making your more personal wishes known, like burial plans and bequests of personal property.

With an ever-growing portion of our lives spent and stored online, it makes sense to consider what information you want your loved ones to access when you are gone, and take steps to make that information accessible. Social networking sites like Facebook and Myspace, web-based mail like Yahoo Mail and Gmail, blog sites like WordPress, or video and picture sharing sites like Flickr and Youtube may all contain essential information and valuable memories that loved ones will want access to after your death. But each of these sites have different terms of use and different policies regarding the death of a user.

These sites are password protected for a reason, of course. Some information may be private and  that’s that. But the more common reality is pictures, random emails, or a lot of other information is fine and potentially good for loved ones to see, but it is just forgotten or taken for granted that it can be accessed after death. Like everything else in estate planning, a good mental inventory and frank discussion go a long way here.

Consider creating a password repository and keeping reference to it with your estate planning documents. It can be a pen and paper list or use one of the many programs out there specifically for that purpose. of course if you use software your passwords will have a password, so keep that with your estate docs.

As the web matures legally, the terms of use for these sites may grow to include successor access designations. Honestly I just started considering this topic so I need to see if any sites are currently doing this. That would allow more complete privacy during life, not requiring the storing or divulging of passwords. Of course, a personal representative of an estate could probably work through any site’s legal department for access,  but if simple planning can avoid formal probate, take the simple planning every time.

I’ll keep poking at this, as it is an intersection of my life as a former computer programmer, current computer junkie, and lawyer. In any case I hope it puts the bug in the mind of people who otherwise thought their estate plan was complete.

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