When developing or reviewing an estate plan, the usual focus is on assets: property, financial accounts, art, mementos, and so forth. Less commonly considered are digital assets, including social media and other online accounts. Not only can dormant accounts be compromised by bad actors, but it can also be upsetting and confusing for someone to pop up in friend suggestions or reminders years after they have passed away.
When it comes to digital assets, there is not one process you can take. Many assets, such as ebook libraries and digital music and music, are legally leased, not owned. Social media platforms have terms and conditions that specify who and how accounts may be accessed.
Social media platforms also often have policies in place, once they’ve been credibly notified of a person’s death, to lock an account, which can make it harder to remove information. Once locked — or “memorialized” to use term most platforms use — an account no longer can accept (or remove) contacts, and reminders about birthdays or to connect are no longer sent. However, it may still be possible for people to leave memories or messages of condolence on the site.
Facebook has a unique system where you can designate a “legacy contact,” someone you choose to monitor your account after your passing. They will have access to much of the account, can curate tribute/memorial comments, change privacy settings, and update your profile picture. A legacy contact can also request an account’s closure, if that’s what you desire.
The British Digital Legacy Association recommends creating a “social media will” that makes clear what you would like to happen to any social media accounts, online photos or videos, and other digital assets. As part of this, they recommend documenting each online account, including user names and passwords, and keeping the list updated.
The association also has step-by-step guides (scroll down to the “Social Media Guides” section) for planning for how to handle your Facebook, Twitter, Instagram, LinkedIn, Google, and Snapchat accounts, as well as for hardware devices and other online accounts.
Unless an account has been locked, it is possible (though technically a violation of sites’ terms of service) for a designated heir to use your username and password to log into accounts to save or remove information in line with your wishes.