Digital assets are far more common in 2026 than they were for previous generations. Americans spend millions of dollars annually on things that they do not own in any physical sense.
This can get a bit complex when making an estate plan. There are some situations in which you can include digital assets in your will, but there are other situations in which you cannot. It all depends on the type of asset that you have purchased and the goals of your estate plan.
Cryptocurrency and financial assets
One example of a digital asset is cryptocurrency, which is often treated as an online currency. It can be purchased with real money, and its value can trend up or down, similar to stocks.
Often, you can include cryptocurrency in your estate plan. You should specifically note the beneficiary who is going to receive that asset when you pass away. This is the same as leaving them ownership of a bank account or an investment portfolio.
You do not necessarily need to include all of the specific details in your estate plan, but you should be sure to give that beneficiary the necessary passwords and login information to access the account.
Digital products
When it comes to digital products like movies, television shows, music or video games, however, you may not be able to include them in your estate plan.
The issue is that you often do not own the digital products in the first place. If you purchased a movie online, the fine print in the contract may say that you have just purchased a license to watch that movie, but you are not allowed to transfer it to anyone else.
Digital assets can make estate planning more complex, which is why it is so important to work with an experienced attorney while setting up your plan.
