Digital Assets and Massachusetts Estate Plans
As technology becomes part of nearly every aspect of life, estate planning in Massachusetts must address more than homes, bank accounts, and retirement plans. Today, most people hold important digital property—from email accounts and social media profiles to cryptocurrency wallets and cloud-stored photographs. Without clear legal planning, family members can be left locked out of these assets after death or incapacity. Massachusetts law has adapted to address this modern challenge, but it requires us to take proactive steps. We work with clients in Gloucester, Rockport, Manchester By The Sea, Beverly, and across Essex County to ensure that digital assets are properly included in an estate plan.
Why Digital Assets Require Legal Attention In Massachusetts
Digital assets often contain financial value or personal importance. Massachusetts adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), codified at M.G.L. c.190B, Article V, Part 5A. This law grants fiduciaries—such as executors, trustees, and agents under a power of attorney—limited legal authority to access a person’s digital property. However, RUFADAA requires specific legal documentation and, in some cases, user consent granted through the provider’s online tools. If no authorization exists, companies like Google, Apple, or Facebook may deny access to accounts, regardless of family need.
Estate Planning Tools For Digital Assets
A properly drafted will or trust under Massachusetts General Laws c.190B (Uniform Probate Code) and c.203E (Uniform Trust Code) can include explicit provisions addressing digital property. These documents should authorize fiduciaries to access and manage digital accounts, consistent with RUFADAA requirements. We also encourage clients to create an updated inventory of their digital assets and passwords, stored securely, to help fiduciaries administer accounts without delays.
Durable powers of attorney under M.G.L. c.190B §5-501 should also grant specific authority to handle digital property during incapacity. Similarly, health care proxies under M.G.L. c.201D can include provisions regarding electronic medical portals and online communications with providers.
Risks Of Ignoring Digital Assets
Failing to include digital property in an estate plan can create significant problems. Online financial accounts may become frozen. Valuable cryptocurrency wallets can be lost permanently. Important family photos stored in the cloud may be inaccessible. Social media accounts could remain active without oversight, causing confusion or distress. Massachusetts probate courts, operating under the Massachusetts Uniform Probate Code, may be forced to intervene, which increases costs and delays for loved ones.
Protecting Your Family Through Comprehensive Planning
By addressing digital assets in your Massachusetts estate plan, you safeguard both financial and sentimental property. Clear documentation ensures that fiduciaries have the authority to access accounts under state law. It also reduces the risk of disputes, prevents permanent loss of valuable assets, and respects your wishes for online privacy. As estate planning attorneys serving the North Shore, we believe that digital property deserves the same level of protection as real estate or retirement accounts.
Frequently Asked Questions About Digital Assets And Massachusetts Estate Plans
What Are Digital Assets In Massachusetts Estate Planning?
Digital assets include email accounts, online banking, cryptocurrency, social media accounts, digital photographs, and any property stored electronically. Under Massachusetts law, fiduciaries may only access these assets if authorized through documents that comply with the Revised Uniform Fiduciary Access to Digital Assets Act.
Does Massachusetts Have A Law Governing Digital Assets?
Yes. Massachusetts adopted RUFADAA, codified in M.G.L. c.190B, Article V, Part 5A, which regulates fiduciary access to digital accounts. It requires explicit authorization in estate planning documents or use of online tools offered by service providers. Without this authority, fiduciaries may be denied access.
Can My Executor Access My Email Or Social Media Accounts After I Die?
Not automatically. Service providers have strict privacy rules. Under Massachusetts law, an executor must either be named in your will with specific authority or use access tools provided by the company. Otherwise, the provider may block access, even for immediate family.
How Do I Protect Cryptocurrency In My Massachusetts Estate Plan?
Cryptocurrency wallets require private keys for access. Without proper planning, these assets can be permanently lost. A Massachusetts estate plan should include instructions for secure key storage and authorization for fiduciaries to access digital currency in compliance with RUFADAA.
Do I Need A Separate Digital Asset Trust In Massachusetts?
Most clients can address digital property within a revocable trust under M.G.L. c.203E or within a will. In some cases, a separate digital asset trust may be recommended for cryptocurrency or other high-value accounts. The key is to ensure that fiduciaries have clear legal authority to manage these assets.
What Happens If I Do Not Include Digital Assets In My Estate Plan?
If digital property is not included, fiduciaries may not be able to access accounts. This can result in financial loss, inability to close accounts, or permanent loss of digital property. Massachusetts probate courts may become involved, creating added expense and delay.
Can A Power Of Attorney Cover Digital Assets In Massachusetts?
Yes. Under M.G.L. c.190B §5-501, durable powers of attorney can grant fiduciaries authority over digital property. This ensures someone you trust can manage your online accounts if you are incapacitated. Without this language, access may be restricted.
How Should I Document My Digital Assets For My Massachusetts Estate Plan?
We recommend creating an inventory of accounts, login details, and instructions for fiduciaries. This should be stored securely and updated regularly. The inventory should not be included directly in the will, as wills become public records through probate.
Call The Sullivan Firm P.C. Today
At The Sullivan Firm P.C., we guide families in Gloucester, Rockport, Manchester By The Sea, Beverly, and across Essex County in creating estate plans that fully address digital property under Massachusetts law. Digital assets are too important to leave unprotected.
Call The Sullivan Firm P.C. today at 978-325-2721 to schedule your free consultation. Our Gloucester office proudly serves clients across the North Shore, and we are ready to help you protect every part of your legacy, both traditional and digital.
