Digital Assets and Your Legacy

Attorney Gregory Robinson

Hey everyone, welcome back to Roots & Rights: Securing Tomorrow. I’m your host, Attorney Greg Robinson, and today we’re digging into a topic that a lot of folks—myself included, sometimes—maybe kinda skirt around when it comes to estate planning: digital assets. If you’re anything like me, you probably have more stuff online than you even realize. Or maybe your grandkids have dragged you into crypto, even if you still keep spare change in your pocket. So, what even counts as a digital asset these days? Well, it’s way more than just Bitcoin or those NFTs that always seem to make the news. We’re talking email accounts, social media profiles—Instagram, Facebook, even that LinkedIn page you haven’t updated in five years—Shopify businesses, online rewards accounts, gaming profiles, you name it. Basically, if it lives online or is managed digitally and has value—personal or financial—it falls under this umbrella.

Attorney Gregory Robinson

Now, here’s where it gets interesting—and honestly, a bit tricky. Our traditional estate planning tools, like wills and trusts, they weren’t exactly built with digital assets in mind. I mean, when was the last time you saw a will from the 80s leaving behind a World of Warcraft account or the keys to a crypto wallet? It just wasn’t a thing. Times have changed, though. If you don’t specifically lay out instructions or grant access to your digital stuff, you risk leaving your loved ones with more headaches than help. I had a client once whose son was a serious online gamer—thousands of dollars in virtual items tied up in those accounts. Guess what happened at probate? No one could access them. There was no plan, no passwords, and that value? Pretty much gone, at least as far as the estate was concerned. We ended up in a tangle trying to prove to some tech support agent that the family had any claim at all. It’s a mess you don’t wanna leave behind.

Attorney Gregory Robinson

So, defining these digital assets and understanding their worth isn’t just for techies or Silicon Valley folks. It’s for regular people, family business owners, grandparents, parents—all of us. And as we explored in earlier episodes—like when we talked about heirs’ property or blended family legacies—you can’t skip these conversations just because something feels new or complicated. Alright, let me show you how we take this definition and start protecting it.

Attorney Gregory Robinson

Let’s talk about some practical tools and tactics you need. First thing’s first: digital asset inventories. Now, don’t roll your eyes—think about how many passwords and accounts you juggle every week. If you don’t write it down somewhere secure, your executor is in for a rough ride. An inventory is just a clear, up-to-date list of what you own online, where it is, and how someone trusted can get to it if something happens. And I always say, don’t just jot these down on a sticky note that lives under your keyboard… that’s asking for trouble. Use a secure password manager—something modern, encrypted. That way, your family or whoever you choose can get in when the time comes.

Attorney Gregory Robinson

But that’s only half the battle. Even if your loved ones know where your assets are, do they have the legal right to access them? That’s where specific authorization documents come in. The legal world woke up to this issue with things like the Revised Uniform Fiduciary Access to Digital Assets Act—try saying that three times fast—or just RUFADAA for short. What it does, in most states, is let you legally authorize a fiduciary—like the person handling your estate—to access your digital stuff. It’s not automatic; you gotta spell it out in your estate plan. Otherwise, those tech companies? Yeah, they’re gonna default to “no,” and your family hits a brick wall.

Attorney Gregory Robinson

I’ve seen plenty of cases where someone ran an online business—say an Etsy or Shopify store—and the family just couldn’t login after they passed. That’s income, customer relationships, sometimes years of work, all suddenly locked down. One time, a client’s kids lost out on critical business revenue for weeks, just because nobody could unlock those accounts quickly enough. So, it’s not just a technical issue, it’s about protecting against real loss—both financial and emotional—for your family.

Attorney Gregory Robinson

The main thing to remember? Build a bridge between your legal documents and the digital world. Get that inventory made. Update your will or trust to include digital assets and authorize your fiduciaries. And use those password managers the right way—don’t cut corners here, or you might undo all your good planning.

Attorney Gregory Robinson

Now, let’s weave digital assets directly into your overall legacy plan. This is where things start feeling a little futuristic, but honestly, it’s just the new normal. Best practice is to treat things like your Bitcoin wallet or that Shopify side hustle the same way you’d handle a traditional bank account or property deed. Make them part of your estate plan. Name clear beneficiaries, spell out your intentions, keep everything updated. The last thing you want is a situation like we talked about back in that episode on family governance—where nobody knows what’s going on and everyone’s left guessing or, worse, fighting.

Attorney Gregory Robinson

But here’s the kicker, and this is something I see a lot—there can be a real cultural and generational gap when talking about digital wealth. My daughter, for example, she schools me on crypto, and sometimes I feel like I need a translator just to keep up. But those conversations matter. I’ll never forget sitting down with her, trying to explain why a wallet seed phrase is like the master key to a safe—not just a random string of words you scribble on a napkin. We went back and forth, sharing what each of us knew, and it led to one of the best discussions we've had about what wealth and legacy look like for our family. I gotta admit, it even made me rethink how I explain these things to clients.

Attorney Gregory Robinson

So, have those conversations with your family. Be open with your intentions, educate the folks who aren’t as plugged in, and document everything—just like we’ve talked about for physical assets, business succession, or guardianship decisions in earlier episodes. The goal is to leave your loved ones clarity, not confusion. And as we look ahead, remember: what counts as legacy keeps expanding, and our strategies have to keep up. Appreciate you joining me today—make sure your tomorrow is protected, digitally and otherwise. Until next time on Roots & Rights, take care of what matters!