Imagine this scenario: You have spent a lifetime building wealth. You have a diverse portfolio that includes a substantial savings account, a home in Queens, a robust cryptocurrency wallet held on a Ledger device, and a small business run entirely through the cloud. You have a Will that leaves “everything” to your spouse.
Then, the unexpected happens. You pass away.
Your spouse goes to the bank with your death certificate and accesses the savings account. They record the deed to the house. But when they try to access your Bitcoin? They don’t have the seed phrase. When they try to log into your business email to stop recurring vendor payments? Google blocks them. When they try to access the family photos on your iPhone? Apple demands a court order that your “standard” Will doesn’t provide.
In 2026, we live a dual existence: physical and digital. Yet, most estate plans are stuck in the 20th century. I am Russel Morgan, and at Morgan Legal Group, we have seen devastating losses occur not because the assets didn’t exist, but because they were inaccessible. Millions of dollars in crypto are lost annually to the “digital void.”
This cornerstone guide will explain the legal framework of New York EPTL Article 13-A, the specific challenges of cryptocurrency, and the exact steps you must take to ensure your digital legacy survives you.
1. Defining “Digital Assets” in 2026
Before we can protect them, we must define them. Under New York law, a “digital asset” is an electronic record in which an individual has a right or interest. They generally fall into three categories:
The Financial Assets
These have direct monetary value.
- Cryptocurrency: Bitcoin, Ethereum, Solana, and stablecoins.
- NFTs (Non-Fungible Tokens): Digital art, collectibles, or real estate deeds on the blockchain.
- Payment Accounts: PayPal, Venmo, CashApp balances.
- Loyalty Points: Airline miles and credit card points (which can often be transferred if planned correctly).
The Sentimental Assets
These have emotional value but no market price.
- Photos and Videos: iCloud, Google Photos, Dropbox.
- Communications: Email accounts (Gmail, Outlook), text messages, WhatsApp histories.
- Social Media: Facebook, Instagram, LinkedIn profiles.
The Business/IP Assets
These generate revenue or hold intellectual property.
- Domain Names: GoDaddy or Namecheap accounts.
- Monetized Channels: YouTube channels, Patreon accounts, TikTok creator funds.
- Cloud Data: Client lists, proprietary code, or manuscripts stored on AWS or Google Drive.
2. The Legal Obstacle: Why Your Password List Isn’t Enough
Many clients tell me, “I don’t need a lawyer for this. I just wrote my passwords in a notebook.”
While practical, this approach is legally fraught with danger due to the Computer Fraud and Abuse Act (CFAA). This federal law makes it a crime to access a computer system without “authorization.” Technically, sharing your password does not grant legal authorization to log in as you after death. It violates the Terms of Service (TOS) of almost every platform.
The “TOS” Trap
When you clicked “I Agree” on iTunes or Gmail, you likely agreed to a clause stating that your account is non-transferable and terminates upon death. If your Executor logs in using your password, they could be flagged for fraud, and the account could be permanently locked.
3. The Solution: New York EPTL Article 13-A
To solve this, New York adopted Article 13-A of the Estates, Powers and Trusts Law (based on the Revised Uniform Fiduciary Access to Digital Assets Act). This is the magic key for your estate planning attorney.
What Article 13-A Does
This law creates a hierarchy of consent that overrides the Terms of Service.
- Tier 1: Online Tools. If a platform offers a specific tool to name a legacy contact (e.g., Facebook Legacy Contact, Google Inactive Account Manager), that designation wins.
- Tier 2: The Will/Trust/POA. If you didn’t use an online tool, the court looks to your Will, Trust, or Power of Attorney. Crucial: Your document must specifically authorize the fiduciary to access digital assets. A standard “I give all property” clause is often rejected by tech giants.
- Tier 3: Terms of Service. If you have neither of the above, the strict Terms of Service apply (usually meaning the account is deleted).
The Morgan Legal Strategy: We draft your Will and Power of Attorney with specific “Article 13-A Language” that explicitly grants your agent the authority to access, catalogue, and distribute digital assets, ensuring they are not blocked by privacy laws.
4. Cryptocurrency: The “Not Your Keys, Not Your Coins” Problem
Crypto is unique because there is no “customer service” to call if the password is lost. If your heirs do not have the private key or seed phrase, the money is gone forever.
The Security Paradox
You cannot put your seed phrase in your Will.
Why? Your Will becomes a public record when filed in Surrogate’s Court. Anyone could read your seed phrase and drain your wallet.
How We Plan for Crypto
- Hardware Wallets (Cold Storage): We advise on the physical security of devices like Trezor or Ledger.
- The “Access Letter”: We create a separate, private memorandum referenced in the Trust but not filed in court. This document guides the Trustee to the location of the seed phrases (e.g., a bank safety deposit box or a digital vault).
- Multi-Sig Wallets: For high-net-worth clients, we can set up multi-signature wallets where the Trustee and a professional advisor must both sign to move funds.
5. NFTs and Smart Contracts
Inheriting an NFT is not just about having the JPEG. It is about controlling the wallet that holds the token. Furthermore, some NFTs have “royalty” smart contracts that pay the creator every time the art is resold.
Estate Planning Task: We ensure your intellectual property assignment includes the rights to these future royalty streams, not just the current token.
6. Social Media and Revenue Streams
For influencers and content creators, a YouTube channel or Instagram profile is a business asset.
The “Digital Executor”
You may need a separate “Digital Executor.” Your spouse might be great at handling the house and kids, but do they know how to manage a WordPress site or monetize a YouTube channel?
In New York, you can appoint a specific executor solely for digital assets. This person steps in to archive content, stop subscriptions, or continue running the online business to preserve its value.
7. The “Digital Vault” Strategy
Organization is the better part of valor. At Morgan Legal Group, we help clients construct a “Digital Vault.”
This is a secure, encrypted inventory that lists:
- Hardware: Passcodes for phones, laptops, and tablets. (Without the phone passcode, we often cannot bypass 2-Factor Authentication).
- Accounts: Usernames and URLs (but NOT passwords—use a Password Manager like 1Password or LastPass).
- Master Password: Instructions on how the Executor can access the Master Password for your Password Manager upon your death.
8. Why You Need an Expert
Estate planning for digital assets sits at the intersection of Technology, Property Law, and Federal Privacy Law.
A generalist lawyer might tell you to “just write it down.” An expert knows that “writing it down” might violate the CFAA or expose you to theft. At Morgan Legal Group, we understand the nuance of Article 13-A and the technical reality of the blockchain.
Conclusion: Don’t Let Your Legacy Be Deleted
Your digital life is real life. It has value, it has memories, and it has potential. Don’t let it disappear into the digital void because of a missing password or a restrictive Term of Service.
Upgrade your plan for the 21st Century. Schedule a consultation with Morgan Legal Group today. Whether you hold Bitcoin, run a digital business, or just want to save your family photos, we have the strategy to protect it.
For a deeper dive into the legislation, you can review the text of New York Estates, Powers and Trusts Law Article 13-A.
