Estate planning for digital assets

As our lives, or at least our personal information, become more electronic and computer-based, many people begin to wonder about the digital information they have stored on computers, websites, or "in the cloud." Recently, a client asked about who owns those assets after his death, how intellectual property rights were determined, and who had authority to access his information after he was gone.

All good questions and topics for consideration. Up until now, many of us attorneys advising clients simply shrugged and thought "don't we have more important things to deal with." However, a person's digital information may be very valuable, either setimentally or even financially.

The December 2010 issue of Wisconsin Lawyer, contains this excellent article examining issues and ideas related to dealing with one's digital assets, especially after one's death. A couple basic options include leaving a list or instructions about your information for your family members to follow after your death. A second, legal option may be to leave a list, that is incorporated into your will, and will be honored in the same way as a list of tangible personal property.