Handling Digital Estate Planning | A Wills and Trusts Attorney in Tampa

Author

Mortellaro Law Firm

For more information about the author, click to view their website: Mortellaro Law Firm

Posted on

Jul 26, 2024

Book/Edition

Florida - Sarasota, Bradenton & Charlotte Counties

share-this
Share This

Most people at some time give thought to estate planning for the future of their assets and loved ones. But in our modern times, your Digital Estate may not get the attention it deserves. Here, a Wills and Trusts Attorney in Tampa from Mortellaro Law discusses handling your Digital Estate Planning in Florida.

What is a Digital Estate?

We are surrounded by technology and so it is no surprise that most of our financial affairs are handled through digital mediums. All this electronic information stored on your computer, tablet, smartphone, smart watch, and in the cloud is considered a “digital asset” and as such, part of your digital estate. These assets may or may not have financial value, but they typically have some sort of value to you, and should be accounted for in your complete estate plan.

Think of all the electronic assets you possess and use on a regular basis. Make a tally of them by category so it is easier to keep track of them. This is your Digital Estate.

Personal Property | Discusses Handling Digital Estate Planning

List all your personal online accounts on social media, email accounts, personal shopping accounts, photo storage accounts, video sharing accounts, and other ways you interact online. Be sure to include all the usernames and passwords for each account.

Property with Monetary Value

List here your accounts that actually hold money, like bank accounts, credit accounts, PayPal, Venmo, Wallet, Samsung Pass, Apple Pay, Google Pay, Cash App, loyalty rewards accounts, online betting accounts, and any other programs or apps that can hold or transfer money. This can also include any bitcoin or other cryptocurrency holdings and NFTs. Again, list the usernames and passwords for each account or app.

Business-related Property

Do you operate an online store like eBay, Etsy, Amazon, or others? These accounts are also part of your digital property. Many may hold real assets like intellectual property you have created (eBooks, drawings, photos, music, etc.) and to which you hold the rights. Include any website domains you hold, blog content with original writing, and online video channels where the content is monetized and produces a profit.

It is estimated that the average consumer in the US has around 100 or more online accounts with usernames and passwords! And yet, we often underestimate the value of our digital estate.

Managing My Digital Estate Planning with a Will

A Will and Trusts Attorney in Tampa can explain how a legal will can help you manage your estate, including your digital estate. All your digital assets and the information required to access them should be recorded in your will. Be sure to include instructions for how you wish these assets to be handled, recorded, donated, liquidated, maintained, or otherwise distributed by your executor.

Digital assets with monetary value will be of particular importance, as they will form part of your estate that will be subject to probate. If you hold significant digital assets and do not account for them in your estate planning, this can cause serious problems or setbacks during probate. They may cost your loved ones or other beneficiaries tax penalties and delays. They may also be subject to seizure or liquidation to satisfy debts.

Managing My Digital Estate Planning with Trusts

Digital assets that hold some monetary value may be better managed by placing them in a Florida trust. Different types of trusts exist to hold property and shield it from probate, excessive taxation, exploitation, and loss. By placing assets in a trust, you can direct how they are used and preserved, saving them for your loved ones and protecting them from risk of seizure by creditors or lawsuits.

Asset protection trusts are designed to protect even digital assets from excess taxation, misuse, and more. For example, if you own an online store that contains intellectual property for sale (writing or music for download as an example), this can be an ongoing source of income. Placing this digital asset in a trust allows your beneficiary to continue enjoying the profits of this property indefinitely, or however you leave instruction within the trust documentation.

Digital assets in trust can also be left to specific beneficiaries who may better appreciate the assets and enjoy benefitting from them, preserving them for the future, and more.

Get Help from a Wills and Trusts Attorney in Tampa

If this is the first time you have ever considered your digital estate assets, now is the time to review them and compile a comprehensive record for your estate plan. Help from a Wills and Trusts Attorney in Tampa from Mortellaro Law can be invaluable as you seek to protect your digital assets and preserve them for future generations. 

Contact Mortellaro Law today to schedule an estate planning consultation and review your digital assets.

Other Articles You May Like

A $29 Million Estate, a Forgotten Will, and One Messy Legal BattleHeres What You Can Learn

It sounds like something out of a movie: A wealthy man passes away, leaving behind a historic manor, a million-dollar estate, and two women claiming to be his rightful heir.But this isnt fictionits a real case thats making headlines. And while most of us dont have castles and wine collections to pass on, the lessons from this case apply to everyone.At Bellomo & Associates, we believe estate planning isnt just about moneyits about love, legacy, and protecting the people you care about.The Real-Life Drama UnfoldsJustin Bodle was a successful British TV producer. When he died in 2019, he left behind a fortune worth $29 million. But heres where it gets messy His most recent will, written in 2013, left everything to his estranged wife. Since then, he had a new partner and two additional children but never updated his documents. Now, his partner is fighting for what she believes is fair under inheritance laws, while the wife (also the executor) claims the estate is drained by debts and taxes. Its ugly. And preventable. What Went Wrong?His will didnt reflect his current family life.There was no plan to care for the partner or new children.There wasnt enough liquidity to handle taxes and expenses.The result? A bitter court battle, expensive legal fees, and uncertainty for everyone left behind.What Does This Have to Do with You?Even if you dont own a manor in the English countryside, heres what you can learn:Update your plan after life changes. Divorce, remarriage, new kidsit all matters.Be specific. If you want to provide for a partner or child, spell it out clearly.Dont rely on good intentions. Executors have legal duties, not emotional ones.Think about cash flow. Your loved ones will need money to settle your affairs.Get help from a pro. Estate planning is not a DIY project, especially in blended families.Your Legacy Should Be Love, Not LitigationStories like this make headlines because theyre dramatic, but behind every court battle is a family thats hurting. You can avoid that. Lets build a plan that reflects your real life, real values, and real wishesso your loved ones are taken care of and stay out of court.

Estate Planning in the Western Slope of Colorado: A Vital Step for Seniors and Families

Planning for the future is one of the most important things we can do for our loved onesand ourselves. In the Western Slope of Colorado, estate planning is an essential step for seniors who want to ensure their wishes are respected, their assets are protected, and their families are supported.Whether you're just beginning to explore estate planning or looking to update an existing plan, this guide will help you understand the key components of estate planning and how to access helpful local resources in the Western Slope area. What Is Estate Planning?Estate planning is the process of arranging for the management and distribution of your assets and responsibilities in the event of your death or incapacitation. Its not just for those with large estatesestate planning is a smart and necessary step for anyone who wants to:Protect property and financial assetsEnsure their wishes are followedMinimize family disputesAppoint guardians for dependentsPlan for healthcare decisionsA well-crafted estate plan typically includes documents like a will, trust, durable power of attorney, and advance healthcare directive. Why Estate Planning Matters for SeniorsAs we age, the need for legal and financial clarity becomes increasingly important. Estate planning provides peace of mindnot only for the person making the plan but for their family members as well.In the Western Slope region, where many seniors value independence and community, estate planning is especially helpful in addressing:Long-term care considerationsAsset protection for loved onesTransferring property, land, or family businessesCharitable givingReducing estate taxesBy planning ahead, seniors can avoid unnecessary legal complications and protect the legacy they've worked hard to build. Estate Planning Resources in the Western Slope of ColoradoThe Western Slope encompasses a diverse and vibrant part of Colorado, with strong local support networks for seniors and their families. Estate planning services in this area range from elder law professionals to non-profit legal aid and senior resource centers.Start your search here: Explore Senior Resources in the Western Slope Browse Estate Planning Services in the Western SlopeBe sure to look for services that offer:Experience working with seniorsCompassionate, clear communicationTransparent pricing or sliding-scale feesEducational workshops or free consultations Key Components of a Strong Estate PlanIf you're working with a legal professional or starting a DIY plan, make sure to include these essential pieces:Will: Outlines how your property should be distributed and who will serve as guardian for any dependents.Trust: Helps manage and distribute assets while potentially avoiding probate.Durable Power of Attorney: Authorizes someone to manage your finances if you're unable to do so.Advance Healthcare Directive: Specifies your medical care preferences and names someone to make decisions on your behalf if necessary.Beneficiary Designations: Ensures your life insurance, retirement accounts, and other policies are up to date.Even small updateslike changing a beneficiary or updating an addresscan make a big difference when the time comes. Local Insight: Estate Planning in Rural and Mountain CommunitiesOne of the unique aspects of estate planning in the Western Slope is the variety of property types and lifestyles. Many residents own land, ranches, or vacation homes, which require special attention in estate documents. Its also common for families to live in multi-generational households or have long-standing ties to their community.Working with a professional who understands the local context and real estate laws in Colorado is important for ensuring your estate plan is legally sound and culturally sensitive. Final ThoughtsEstate planning isnt just about preparing for the endits about creating a legacy, protecting your loved ones, and maintaining control over the decisions that matter most to you. If youre ready to begin or revisit your estate planning journey, the Western Slope offers trusted professionals and community resources to support you along the way. Taking action now can ease the burden on your family and give you confidence about the future.

Estate Planning in Utah: Why Its Essential for Seniors and Their Families

Planning for the future isnt always easybut for seniors in Utah, estate planning offers peace of mind, protects assets, and ensures your wishes are honored. Whether you live in Salt Lake City, St. George, or Provo, having a thoughtful estate plan is one of the most important steps you can take to safeguard your legacy.In this guide, well break down the essentials of estate planning in Utah, explain why its so critical for seniors, and share trusted local resources that can help. What Is Estate Planning?Estate planning is the process of legally documenting your wishes for how your assetssuch as property, investments, savings, and personal belongingswill be managed and distributed after your death or in the event you become incapacitated. A comprehensive estate plan may include:A willA revocable living trustPowers of attorney (medical and financial)An advance healthcare directiveGuardianship designations (if applicable)In Utah, estate planning can also help your family avoid probate court, reduce estate taxes, and prevent disputes that could arise without clear legal guidance. Why Estate Planning Matters for Seniors in UtahUtah is home to a growing senior population who value independence, family, and financial security. Heres why estate planning should be a priority:1. Protect Your Loved OnesWithout an estate plan, the courts will determine how your assets are divided. This often leads to confusion or conflict among family members. Having a plan in place ensures your intentions are followed.2. Avoid Probate DelaysProbate can be a lengthy and costly process in Utah. Tools like living trusts help avoid probate and allow for a faster, smoother transfer of assets to your beneficiaries.3. Plan for IncapacityAn estate plan isnt just about what happens after you passits also about who will make decisions for you if you're unable to. Assigning a trusted medical and financial power of attorney ensures your wishes are respected during a medical crisis.4. Support Charitable CausesMany Utah seniors wish to leave a legacy by supporting local causes. Through estate planning, you can designate charitable organizations to receive a portion of your estate, ensuring your values live on. Utah-Specific Considerations for Estate PlanningUtah estate law has unique aspects that seniors and families should understand:Spousal Elective Share: Utah law ensures that a surviving spouse receives a share of the estateeven if not explicitly mentioned in the will.Simplified Probate for Small Estates: Utah allows for a simplified probate process for estates valued under a certain threshold.Digital Assets: Utah law includes provisions for managing digital assets (like online accounts) as part of your estate.Its important to work with professionals familiar with Utah laws to ensure your estate plan is legally sound. Trusted Estate Planning Resources in UtahFinding the right professionals and support is essential for successful estate planning. SeniorsBlueBook.com offers a curated directory of trusted senior resources in Utah, including those who can assist with legal, financial, and end-of-life planning needs.You can also explore this specific category to find Estate Planning and Elder Law specialists in Utah who understand the unique needs of aging adults and their families. Start Your Estate Planning Journey TodayIts never too earlyor too lateto begin planning for your future. Whether youre updating an old will or creating a comprehensive estate plan from scratch, taking the first step ensures that your wishes are documented and your loved ones are supported. Remember, estate planning is more than a legal task. Its a gift to your family, a declaration of your values, and a way to take control of your future.

Local Services By This Author

Mortellaro Law Firm

Elder Law 4102 West Linebaugh Avenue, Tampa, Florida, 33624

Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.

Mortellaro Law Firm

Legal Services 4102 West Linebaugh Avenue, Tampa, Florida, 33624

Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.

Mortellaro Law Firm

Probate 4102 West Linebaugh Avenue, Tampa, Florida, 33624

Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.