August 2, 2016

Our world is increasingly digitalized, meaning that you can catch Pokémon, text someone, watch videos or any number of phone related activities while you are taking the train to work, going on a morning run, walking the dog, or even while you’re taking a swim. 

End users of the new Pokémon Go application may start to think about putting real value, both sentimental and financial on their progress in the game. So what happens to these assets when someone passes away. What happens to other accounts like Facebook, Gmail, Twitter and any other game purchases.

The answer is at the same time easy as well as complex. The short answer is that all applications, accounts, and digital games have some kind of property right attached to them. When you pass away, these assets become part of your digital estate. However, if you don’t go through the planning process, it’s all too easy for these items to be difficult to access. For example, perhaps you want a friend or family member to be able to access your Facebook account after you pass away.

Without any digital estate planning, you might not be able to accomplish this and you can create a number of problems and further difficulty for your loved ones. Some states have an act of legislation to allow executors or fiduciaries obtain access to digital assets when the owner passes away. But if your digital assets are treated more like traditional assets then your state succession laws, trust laws or real rules could account how these are transferred upon death.