Updated: October 24, 2022
Before finalizing an estate plan, you should consider whether or not you will share it with others, and if you do, how much you are comfortable sharing. It can be difficult for some people, especially the elderly, to share all this financial and estate information while they are alive. When to share the plan is something to consider carefully. There are pros and cons to sharing.
The primary purpose of your estate plan is to assure that your heirs inherit what you want them to. Sharing your plan accomplishes this by making sure that your plans are easy to locate and your wishes are known. When your wishes are known ahead of time it is much less likely that your beneficiaries will be unhappy and your choices contested.
On the other hand, there are a few drawbacks to sharing your estate plan too soon.
There are many levels of sharing; not sharing anything isn’t one of them. You must decide the one you are most comfortable with. This may not seem like a problem now, but it will become a major problem if you have not left behind a way for your executor, trustee, and/or beneficiaries to learn about or find your estate plan.
The minimum you should do is share the location of the documents.
If you don’t want to share your will or other plans, make sure you leave behind an easy to find document that has the location of the will and other documents that represent your assets. In most cases this information will be available from the person/institution that helped create your estate plan.
The better organized and thorough the information, the easier it will be for the necessary people to identify and distribute your assets.
Once you have all of your assets organized in one place, you should share the location with your executor, trustee and/or power of attorney. It is advisable to share most of the estate plan with them.
You may want to share the locations with your family at that point. The more people that know where the documents or files are, the less likely they are to get misplaced.
Sharing it with your family or other beneficiaries may not be straightforward.
There are pros and cons to each option.
No matter how reluctant you are to share, whether it is now, just before you pass on, or in a document to be opened after you die, it is crucial to do this as soon as possible. It is also important to give this consent in the form of a legal document to assure that your executor, trustee, power of attorney, and/or family have no difficulty accessing this information. The correct legal language can assure that only those documents and digital assets you want to be available are accessed.
If you become unable to relay any or all of this information in a rational way to an estate planner, your executor, trustee, power of attorney, or your family, the court will be deciding on how to distribute your estate and a lot of your estate may be lost.
To access paper documents, all your executor and heirs need to know is where to find them and how to access them. Sometimes they are already in possession of them, or at least a copy.
In some cases the ability to access documents will involve keys for file cabinets and strongboxes or keys or combinations and locations and number of any safety deposit boxes. It may include addresses and contact information of attorneys, financial planners, and/or the probate court where the documents are kept.
In the digital age, many people are using computers to store and manage their estates. If you are one of them, you will need to prepare for this after your death by naming a digital savvy executor or fiduciary. There are many formal and informal ways of giving your executor and heirs the ability to manage your digital assets.
To prevent the risk of digital information being lost, executors, trustees, and beneficiaries need to be aware of your digital assets, where to find them, and how to access the files or programs.
As with paper wills, digital wills become Public Record during the probate process, allowing others to see the details of your digital estate plan. To prevent this, other options for passing on digital assets is by giving the details to your estate planning professionals to provide after your death or making digital files and online accounts part of a trust which avoids probate court.
You can choose a computer program or smartphone app to collect and manage your digital assets.
You can easily share or pass on this information by either allowing access, providing access information that can be found after your death, or including it in your will (which becomes Public Record).
In addition to the necessary login information, you can give permission to change usernames and passwords and decide how each digital asset is to be managed by your Digital Executor. Choices are sometimes limited by the nature of the property; leave instructions for them in the appropriate locations.
You can purchase an online digital asset manager service.
There are a few steps to take if your goal is to make this information available to your executor and heir.
You may informally give login information to someone you trust along with a request for what you would like done.
Whether it is your digital will or other personal or family documents, financial portfolio, business records, or even your digital family photographs or music collection, your executor and heirs will have everything they need to access your digital assets. It is a good idea to have everything backed up in a secondary location such as in the cloud or an external hard drive in case the data is compromised or lost from the primary location.
Accessing and transferring digital property can be a problem with email, online shopping accounts, social media profiles, blogs, and files stored on a remote server since they are intended to be just for you. For example, songs you paid for and downloaded from iTunes or the books on an ereader only give you the license to use these digital files — you do not own them. If for some reason, you want your heirs to have access to these sites you can either:
The Digital Estates section has in-depth information about digital assets and data privacy laws. The Digital World section shows your family how to locate and manage digital information and the steps needed to close online accounts on specific websites.