What Counts as a Digital Asset

Digital assets are broader than many people realize. They include:

• Email and cloud storage accounts holding documents and photos
• Social media profiles that may need to be memorialized or closed
• Online banking, brokerage, and bill-pay accounts
• Cryptocurrency and digital wallets
• Subscription services, domain names, and online businesses
• Loyalty and rewards programs

Why It Matters for Long Island Families

When a loved one passes, families across Nassau and Suffolk counties often discover they cannot access accounts they did not even know existed. Statements arrive only by email. A phone is locked. A crypto wallet has no recovery key. Without access and authority, sentimental photos can be lost forever and financial accounts can sit frozen, complicating the work of settling an estate in Surrogate’s Court.

New York Gives You Tools, If You Use Them

New York has adopted rules that let you grant a fiduciary authority over your digital assets, but the strongest protection comes from giving explicit, written authority. Two documents matter most:

• Your will under EPTL §3-2.1 can name who handles your digital assets and grant authority over them.
• Your durable power of attorney under GOL §5-1513 can authorize your agent to access digital accounts while you are alive but unable to manage them yourself.

Just as important, many platforms have their own legacy or beneficiary tools built in. Using these provider settings, in coordination with your legal documents, gives your family the clearest path to access.

Build a Secure, Updated Inventory

The practical heart of digital estate planning is a simple inventory. List your important accounts and where to find them, and keep it current. Do not paste passwords into your will, which becomes a public record in Surrogate’s Court. Instead, store credentials in a reputable password manager or a secured document, and tell your fiduciary how to reach them. For cryptocurrency, make sure recovery phrases are safely preserved, because a lost key usually means lost funds with no customer service line to call.

Coordinate With the Rest of Your Plan

Digital assets should fit alongside the rest of your Long Island estate plan. A revocable living trust under EPTL Article 7 can hold certain digital business interests and help avoid probate, while beneficiary designations may govern others. The goal is a single, consistent plan where nothing is orphaned and no account is left unreachable.

Keep It Living and Breathing

Your digital life changes faster than almost anything else you own. New accounts appear, old ones close, and security settings evolve. Review your digital inventory at least once a year, and after any major life event, so the people you trust are never locked out at the worst possible moment.

Talk to a New York Attorney

Digital assets intersect with both New York law and the terms of service of every platform you use. To make sure your photos, accounts, and online value reach the right hands, consult a licensed New York estate planning attorney who can weave your digital life into a complete, coordinated plan for your family.