Estate Planning Tips

With the ever-growing presence of online and electronic documents, records and accounts, it is becoming essential to keep track of your passwords. As a part of estate planning we are now encouraging our clients to do some additional planning. People now have access to military grade cryptography, and while it offers an amazing level of protection during life, it can have unintended consequences upon your death, possibly preventing your heirs from carrying out your final wishes.

If you pass away unexpectedly, your family may be precluded altogether from accessing important electronic records such as emails and bank accounts. Accordingly, you need to establish a way to keep track of important logins, passwords, access keys and personal identification numbers (PINs) to ensure that your family and loved ones can access important online and electronic records.

Create a Plan for Storing Your Passwords Securely and Keep Track of Passwords, Access Keys and PINs

There is shockingly no standardized way to keep track of important account information to ensure that your spouse, kids or lawyer can access them when you pass away. Even worse, the method most people might consider, putting them in a safe-deposit box will often backfire (see below). Here are some possible options when considering how to keep track of your passwords and other sensitive information:

• Do Not Use Safe-Deposit Boxes: Ironically, most people might think the best option is the safe-deposit box. After all, it’s been used for generations to safely store important items and information. The problem is, many banks will not allow access to the box until the will is probated. This means if important information needed to probate the will in the first place is in the box, you’re caught in a classic catch-22. Safe-deposit boxes should generally only be used to store items that won’t be needed until long after you’ve passed away.
• Using a Safe at Home: This is probably the easiest method to understand and follow. After you’ve compiled a list of important access information (see below for a general list), store it in a secure safe in your home. This provides two basic benefits: first, it’s relatively easy, and second, you can tell if your security information has been compromised. Combinations for the safe can be stored with an attorney.
• Using Password Storing Services: There are an increasing amount of online services that offer safe, secure storage for all of your information and passwords. Given the relatively new status of these services and the fact that all online information is inherently at risk, however, this is probably not the most secure option.
• Master Passwords and Password Splitting: Some people favor a password splitting scheme, where half of a master-password (that gives access to all of your passwords) is given to one party (e.g., a spouse), and the other half is given to your lawyer. To account for the possibility that you and your spouse die at the same time, the spouse’s half also goes to a second lawyer with instructions on contacting the first lawyer. The benefit here is that no one, not your lawyer and not even your spouse, has access to your information. The only real pitfall to this approach is that some may find it too complex.
• Don’t Get Too Creative: Finally, consider coming up with a scheme that works for you and your family. Do not, however, get too creative. Any plan has to deal with all possibilities, and if you miss even one, the entire scheme may fail (e.g., if you and your spouse die in the above example and no contingency is built into the system).

Make a List of Each Service and Its Access Information

Finally, once you have come up with your strategy for storing important passwords and access information, compile a list of important services and corresponding access information (logins, passwords, access keys, PINs, etc). Common things to consider putting on your list are:

• Computers
• Email accounts
• Bank and financial accounts
• Cell phones, PDAs, other electronic devices
• Online services (online storage, records, pictures, etc)
• Important contact information
• Locations and access information to safes, safe-deposit boxes, alarms, etc

It is also recommended that you include a description next to each item. For instance, a description of the assets held in an account, or the types of documents found in an online storage location. Lastly, remember to periodically update this information as the means of access and your passwords may change over time.

Free Consultation with a Utah Estate Lawyer

If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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