How Should Ohio Estate Plans Address Digital Assets?
Plan for access before a crisis
Email, photographs, subscriptions, domain names, and online business records can be important even when they have little resale value. A digital plan should identify what exists, who should handle it, and whether the goal is preservation, transfer, or closure. Inventory information and legal authority serve different functions; a list of passwords does not supply every required permission.
Coordinate online tools and documents
Section 2137.03 addresses a user’s disclosure directions. An online tool meeting the statute’s conditions can override a conflicting direction in a will, trust, power of attorney, or other record. Review each important provider’s legacy or account-management settings alongside the legal documents. Avoid instructions that point different people toward incompatible outcomes.
Address communication content expressly
The disclosure framework distinguishes message content from account catalogues and other digital assets. Sections 2137.06 and 2137.07 govern deceased-user requests in their respective circumstances. Discuss the intended access with counsel rather than assuming a general executor nomination resolves email privacy. For lifetime assistance, agency authority requires its own review.
Make the inventory secure and maintainable
Keep account identifiers, device information, and recovery instructions in an appropriately protected system. Tell the designated person how to locate the system without publishing credentials in a will or sending private keys by ordinary email. Review the list as accounts change. Valuable digital property, such as cryptocurrency or a business domain, may need transfer and security arrangements specific to the asset.
Related Ohio guidance
- What Happens to Digital Assets During Ohio Probate?
- Estate Planning After a Major Life Change: When Should You Update Your Documents?
Legal references
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