A Cecil resident thought her estate plan was in good shape. She had a will drafted five years earlier, a durable power of attorney, and a healthcare directive. Then a close friend lost her father, and the family spent months trying to access his email, his cloud storage, and a small cryptocurrency account nobody knew about. That story sent her looking into digital assets estate planning Pennsylvania rules, and she ended up sitting across the desk from Dan at Kostrub Law Firm, PLLC to sort out what her own plan was missing.
The meeting turned into an eye-opener. What she thought was a small gap in her paperwork turned out to be a significant piece of her overall estate.
What She Discovered
When Dan asked her to list her digital assets, she started with the obvious. Email accounts. Facebook. Instagram. Then Dan started asking follow-up questions, and the list grew fast.
- Two email accounts (personal and old work account still active)
- Social media on three platforms
- A small business she ran on Etsy that generated modest monthly income
- Photos stored in cloud services
- An online banking setup with automatic bill pay
- Subscription accounts for streaming and shopping
- A cryptocurrency wallet she’d opened two years earlier with a modest balance
- Domain names for a personal blog and her Etsy business
- Digital music and e-book libraries
She realized none of these were addressed anywhere in her existing estate documents. If something happened to her, her family would have no roadmap and no legal authority to access most of them.
Why Digital Assets Get Left Out
Dan explained that this gap shows up in most estate plans drafted more than a few years ago. Digital assets weren’t a major concern when standard forms were written. Even newer plans often miss them because clients don’t think to bring them up.
Common reasons digital assets get overlooked:
- Attorneys don’t always ask about them
- Clients don’t consider them real assets
- Terms of service on many platforms restrict access after death
- Passwords and login information aren’t shared with anyone
- Two-factor authentication adds another layer of difficulty
- Family members don’t know accounts exist
The result is that valuable content, income streams, and sentimental material get locked away, sometimes permanently.
Pennsylvania Law on Digital Assets
Dan walked through the Pennsylvania rules. The state adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which gives fiduciaries some ability to access digital accounts after a death or incapacity. The catch is that the platform’s terms of service usually control first, followed by any specific directions the account holder left, and only then the general rules.
Practical takeaways from the law:
- Your will can grant specific access to digital assets
- A power of attorney can authorize access during incapacity
- Many platforms have their own tools for naming a legacy contact (Facebook, Google, Apple)
- Written directions carry more weight than general instructions
- Passwords alone aren’t a legal solution, since terms of service usually prohibit sharing them
Building a Digital Assets Plan
She and Dan spent the rest of the meeting mapping out what her plan needed. The result was a set of updates that covered every asset she had identified.
Inventory
The first step was building a full inventory of accounts, platforms, and digital property. She agreed to build a list at home and share it securely with the firm.
Access Authorization
Her will and power of attorney needed language specifically authorizing her fiduciary to access, manage, transfer, and delete her digital assets. Dan drafted the updated language during their next meeting.
Platform-Level Tools
Dan pointed her toward the tools built into the major platforms. Facebook’s Legacy Contact, Google’s Inactive Account Manager, and Apple’s Digital Legacy program all let you name someone to handle your account after death. She set these up at home the same night.
Password Management
Sharing passwords directly can create legal problems. Dan recommended a password manager with an emergency access feature, so a designated person could gain access after a waiting period.
Cryptocurrency Planning
The crypto wallet needed extra attention. Digital currencies are only accessible with private keys, and losing those keys usually means losing the funds. She needed to document where the keys were stored and how her successor could reach them, without exposing the keys to theft.
Business Continuity
Her Etsy shop generated income and had inventory sitting in her spare bedroom. Dan helped her think through what would happen to the business if she couldn’t run it, including who could take it over or wind it down.
Common Digital Assets to Include
If you’re building your own list, common items to cover include:
- Email accounts
- Social media profiles
- Cloud storage for photos and documents
- Banking and investment logins
- Cryptocurrency wallets and exchange accounts
- Online businesses and revenue-generating accounts
- Domain names and websites
- Digital media libraries (music, movies, books)
- Loyalty and rewards programs
- Subscription services with recurring charges
Not everything on the list will matter equally, but each one deserves consideration.
What Happens Without a Plan
Dan explained that when a Cecil family loses a loved one with no digital planning in place, the fallout usually looks like this:
- Months of phone calls trying to reach platform support
- Accounts locked and eventually deleted
- Photos and memories lost to family
- Recurring subscription charges continuing on credit cards
- Cryptocurrency funds unrecoverable
- Small online businesses shut down abruptly
- Domain names lost when renewal deadlines pass
Even for families without major digital wealth, the sentimental and administrative cost adds up quickly.
Reviewing Your Overall Estate Plan
Dan reminded her that digital assets are one piece of a bigger picture. A review is a good time to look at:
- The will and any needed updates
- Power of attorney provisions
- Healthcare directives
- Beneficiary designations
- Trust documents if applicable
- Guardianship provisions for minor children
- Business succession plans
Coordinating everything at once saves time and prevents gaps.
Frequently Asked Questions
Can my will alone give my executor access to my digital accounts?
Not always. Terms of service on most platforms take precedence. Specific access language plus platform-level tools work better together.
What happens to my email accounts when I die?
It depends on the provider. Some allow a designated contact to access or download content. Others delete accounts after a period of inactivity.
Are cryptocurrency accounts covered by traditional estate planning?
They can be, but only if your executor knows how to access them. Without private keys or seed phrases, the funds are usually unrecoverable.
Should I write down my passwords?
A password manager with emergency access is safer than a written list. Terms of service usually prohibit sharing passwords directly.
Do I need to update my estate plan just for digital assets?
If your plan is more than a few years old, or was drafted before digital accounts became a big part of your life, an update is worth considering.
Bring Your Digital Life Into Your Estate Plan
The Cecil resident in the story walked out with a plan and a weekend of homework. Most families across the Pittsburgh region have the same gaps in their documents and won’t know it until an email account, a cloud folder, or a crypto wallet locks up at the worst possible moment. Passwords in a drawer are not a plan. Terms of service beat handwritten notes almost every time.
This article is general information, not legal advice. If your estate plan is older than three or four years, or if it was drafted before your online accounts became a real part of your life, that is a good reason to revisit it. Kostrub Law Firm, PLLC can be reached at (304) 982-1586 or through https://kostrublaw.com/ to bring Dan, Heather, and the team into the conversation.