Digital Assets and Estate Planning in Illinois: What You Need to Know

Protecting Your Digital Legacy with a Comprehensive Estate Plan

In today’s digital age, your online life is just as important as your physical assets. From online banking and investment accounts to social media, photos, cryptocurrency, and cloud‑stored documents, your digital assets hold financial and sentimental value. As an estate planning attorney in Chicago, I regularly help clients integrate their digital lives into a secure and legally sound estate plan.

This guide explains what counts as a digital asset, why planning is essential, and how the Law Office of Johann Chau can help you ensure your online accounts and electronic documents are properly managed after death or incapacity.

What Are Digital Assets?

Digital assets include:

  • Online financial accounts (banking, brokerage, PayPal, Venmo)
  • Cryptocurrency and digital wallets
  • Social media accounts (Facebook, Instagram, LinkedIn)
  • Email accounts
  • Online business and e‑commerce accounts
  • Cloud‑stored photos, videos, and documents
  • Frequent‑flyer miles and loyalty rewards
  • Digital subscriptions and online memberships

While some of these assets have monetary value, others hold personal significance or contain important records. Without proper planning, your loved ones may not be able to access them due to privacy laws and terms‑of‑service restrictions.

Why Digital Asset Estate Planning Matters

Including digital assets in your estate plan ensures that:

  • Your executor or trustee can access important online accounts
  • Your cryptocurrency and wallets are not lost permanently
  • Your photos, videos, and documents are preserved for your family
  • Your online business continues operating smoothly
  • Your personal information remains protected

In Illinois, fiduciaries must comply with the federal Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law allows you to grant—or restrict—access to your digital property through legally authorized documents.

How to Incorporate Digital Assets into Your Estate Plan

A well‑structured digital estate plan typically includes:

1. A Complete Inventory of Digital Assets

Create and maintain a secure list of your online accounts, login credentials, cryptocurrency keys, and device passwords.

2. Proper Legal Authorization

Your will, trust, and powers of attorney should give your chosen fiduciaries the authority to access and manage your digital property under Illinois law.

3. Instructions for Management and Distribution

Specify how you want each asset handled—such as deleting social media accounts, preserving photos, or transferring cryptocurrency.

4. Secure Storage

Use a password manager or encrypted storage solution to protect sensitive information without exposing it in legal documents.

How I Assist Clients with Digital Asset Planning

At the Law Office of Johann Chau, I help clients throughout Chicago and surrounding communities incorporate digital assets into a comprehensive, future‑focused estate plan. Whether you are setting up a revocable living trust in Illinois, updating your will, or creating powers of attorney, I ensure your digital and traditional assets are fully protected.

My services include:

  • Drafting wills and trusts with RUFADAA‑compliant digital asset provisions
  • Creating powers of attorney that allow fiduciaries to manage online accounts
  • Advising on secure storage and digital asset inventories
  • Helping families access a loved one’s digital information during probate in Cook County

Schedule a Consultation

If you have questions about digital assets, cryptocurrency, cloud accounts, or online business planning, I am here to help. Your estate plan should reflect every part of your life—both physical and digital.

Contact the Law Office of Johann Chau today to schedule a consultation.

Law Office of Johann Chau
111 West Jackson Boulevard, Suite 1700
Chicago, IL 60604
Phone: (312) 529-7853
Website: https://www.johannchaulaw.com/