When a loved one passes away, managing their digital life can be overwhelming. Today, most people leave behind a trail of online accounts—from email and social media to online banking, digital photos, and cloud storage. Accessing these accounts isn’t always easy, especially without proper planning. Fortunately, Massachusetts law and good digital habits can help make this process smoother for families.
Digital assets include any electronic records or accounts someone owns. This could mean:
Many of these accounts contain sensitive or valuable information, and they’re often locked behind passwords and two-factor authentication.
Unlike many other states, Massachusetts has yet to adopt the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), resulting in a lack of specific state law governing the inheritance of digital assets. We must instead follow the existing estate laws that apply generally to wills, trusts, and intestate succession. As is true with all technological advancements, the law is woefully slow to catch up in addressing our increasingly complex online world, leading to frustration and confusion for users and their families.
That’s why it’s important to include digital asset provisions in your estate plan. A Durable Power of Attorney can give your chosen agent access to digital accounts during your lifetime if you become incapacitated. A Will or Revocable Living Trust should include clear instructions and authorization for your personal representative or trustee to access and manage your digital property after your death. Using broad and explicit language—such as granting authority over “electronic communications, digital devices, and online accounts,”—is key to ensuring your wishes are followed.
Most major tech companies now have policies and tools to address account access after a user dies:
Google offers the Inactive Account Manager, which allows users to decide ahead of time who can access their account if it remains inactive for a specified period. Without this setup, Google typically requires a court order to grant access.
Apple has a Legacy Contact feature in iCloud settings. If you name someone in advance, they can access your Apple data after your death with a special access key and your death certificate.
Microsoft does not currently allow anyone to log into a deceased person’s account, even with legal documents. However, they may allow content to be retrieved by a court-appointed personal representative through a formal request process.
Each company has strict privacy rules, so relying on their terms without your own legal documents in place may not be enough.
Alongside legal planning, there are innovative ways to help your family manage your digital legacy:
Store your logins securely in tools like 1Password or LastPass. These programs can be set up to share access with trusted family members in the event of an emergency.
Make a list of important accounts, devices, and instructions. You don’t need to include every password—just enough detail to guide your personal representative.
Choose someone tech-savvy to handle your digital life. This can be the same person who manages your estate, named as your Agent under your Durable Power of Attorney, or someone different.
Let them know you’ve planned for your digital assets. Even a short conversation can prevent confusion and stress later on.
Planning for digital assets is now a key part of estate planning. In Massachusetts, combining solid legal documents with practical tools like password managers and digital inventories ensures your loved ones aren’t locked out of your online life. Talk with an estate planning attorney to make sure your plan covers your digital world—just as carefully as your physical one.
Contact Amanda Mulhall at Mulhall Withrow at (781)-381-5287, or through email at amulhall@MulhallWithrow.com to explore your options.