Does It Really Stay on the Internet? Estate Planning for Social Media, Crypto, and Online Accounts

You've probably heard the warning: "What you post on the internet stays forever." But what happens to your digital life after you die? If you're like most people under 40, you probably have cryptocurrency wallets, streaming subscriptions, social media accounts with years of memories, cloud storage full of photos, and maybe even an online business or digital investments. The real question isn't whether your digital footprint lasts forever; it's whether the people you care about can actually access it when you're gone.

Traditional estate planning focuses on physical assets like houses, cars, and bank accounts. But your digital assets might be just as valuable, both financially and sentimentally. Whether it's the Bitcoin you bought in college, the Instagram account documenting your travels, or the family photos stored in Google Drive, these assets need to be part of your estate plan. Here's what Illinois residents need to know about planning for their digital afterlife.

The Legal Framework: Illinois Gets Digital

Illinois recognized this problem and took action in 2016 by adopting the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law, found at 755 ILCS 70/, gives your executor, trustee, or power of attorney agent the legal authority to access your digital assets—but only under certain conditions.

Here's the hierarchy RUFADAA establishes for who controls your digital accounts:

1. Online Tools Come First. Many platforms now offer legacy contact features or inactive account managers. Google, Facebook, and Apple all have tools that let you designate someone to access (or delete) your accounts after you die. If you've set these up, they trump everything else, including your will.

2. Your Estate Planning Documents. If you haven't used an online tool, RUFADAA looks to your will, trust, or power of attorney. You can specifically authorize your fiduciary to access digital accounts and assets. The key word here is "specific"—general language might not be enough.

3. Terms of Service Agreements. If you haven't specified anything, the platform's terms of service control what happens. And here's the catch: many companies (like Yahoo!) state that accounts terminate upon death and are non-transferable. Without proper planning, your digital assets could simply vanish..

Federal Law: The Privacy Complication

There's a wrinkle in the system: federal privacy laws, specifically the Stored Communications Act (18 U.S.C. §§ 2701 et seq.), protect the content of electronic communications. This means your executor can access your email headers and contact lists (the "catalog"), but they might not be able to read the actual content of your messages unless you've explicitly authorized it.

This distinction matters because of where real value often lies. Finding out that you emailed Chase Bank is helpful; being able to read that email about an unknown account is invaluable.

Cryptocurrency: The Ultimate Estate Planning Challenge

Cryptocurrency presents unique estate planning challenges that would have seemed like science fiction a decade ago. Unlike traditional assets, crypto is designed to be decentralized, private, and accessible only with specific keys or seed phrases.

The IRS Perspective. For tax purposes, the IRS treats cryptocurrency as property, not currency. This means your heirs receive a stepped-up basis to fair market value on the date of your death, which can significantly reduce capital gains taxes when they eventually sell. But they need to be able to access it first.

The Access Problem. If you hold crypto in a cold wallet (hardware device) or use self-custody, your private keys or seed phrases are the only way to access those assets. No bank can help. No customer service representative exists. If those 12 random words are lost, millions of dollars in cryptocurrency can become permanently inaccessible.

Even cryptocurrency held on exchanges requires careful planning. Your executor will need to know:

• Which exchanges or wallets you use

• Your account credentials

• How to navigate two-factor authentication

• The legal steps to prove their authority to the platform

Best Practices for Crypto Estate Planning. Don't include private keys or seed phrases directly in your will—it becomes public record during probate. Instead, create a separate memorandum referenced in your will that's stored securely with your estate planning attorney or in a safe deposit box. Your estate documents should explicitly authorize your executor to access digital assets and specify that they're an authorized user under relevant computer fraud laws.

What You Actually Need to Do

Estate planning for digital assets isn't just about writing things down—it's about creating a roadmap that someone who isn't you can actually follow. Here's your action plan:

Create a Digital Asset Inventory. Make a comprehensive list of your digital assets, including social media accounts, email addresses, cloud storage, cryptocurrency holdings, online banking, subscription services, domain names, and even your Apple ID. Update this list at least annually.

Use Platform Tools. Set up legacy contacts on Facebook, Google's Inactive Account Manager, and Apple's Legacy Contact feature. These are free and take minutes to set up.

Update Your Estate Planning Documents. Work with an attorney to include specific language in your will, trust, or power of attorney that addresses digital assets. Reference RUFADAA explicitly and clearly state whether you want your fiduciary to have access to the content of your electronic communications, not just metadata.

Store Access Information Securely. Create instructions for accessing each major account, but keep this information separate from your will. For cryptocurrency, document the type of wallet, where it's stored, and step-by-step recovery instructions. Store this in a secure location that your executor knows about and can access.

Choose the Right Fiduciary. Make sure at least one person in your fiduciary team understands technology. If you have significant cryptocurrency holdings, consider naming a "digital executor" specifically for those assets, someone who won't panic at the sight of a seed phrase.

The Bottom Line

Your digital life has real value: financial, sentimental, and sometimes both. The photos from your last trip, the cryptocurrency you've been holding, the business you built online can be preserved for the people you care about, but only if you plan ahead. Illinois law gives you the tools to ensure your digital assets don't disappear into the void, but the law can only work if you use it. Take the time now to inventory your digital assets, set up legacy contacts where available, and work with an estate planning attorney who understands that your iPhone might be just as important to your legacy as your house. The internet might remember everything, but it won't automatically share those memories with your family. You need to make that happen.

Ready to protect your digital legacy? The Law Office of Andrew J. Mertzenich helps Illinois residents create comprehensive estate plans that address both traditional and digital assets. We understand that your life—and your assets—exist both online and offline. Contact us to discuss how we can help you plan for your complete digital and financial future.

Visit us at www.MertzenichLaw.com or call to schedule a consultation.

Legal Disclaimer

This blog post is provided for general informational purposes only and should not be construed as legal advice. The information contained in this post does not create an attorney-client relationship between the reader and The Law Office of Andrew J. Mertzenich. Estate planning laws, including those governing digital assets, are complex and subject to change. Tax laws and regulations related to cryptocurrency and digital assets are particularly dynamic and may have changed since the publication of this post.

Every person's situation is unique, and legal advice must be tailored to your specific circumstances, goals, and the current state of the law. Before making any decisions about your estate plan, digital assets, or cryptocurrency holdings, you should consult with a qualified attorney licensed to practice in Illinois who can evaluate your individual needs and provide personalized legal guidance.

Reading this blog post or visiting our website does not establish an attorney-client relationship. To discuss your estate planning needs and receive advice specific to your situation, please contact The Law Office of Andrew J. Mertzenich directly to schedule a formal consultation.