Complete Guide to Digital Asset Planning for Estate and Probate in Cookeville
Digital assets are an increasingly important part of modern estates, and planning for their management and transfer is an essential part of a well-rounded estate plan. This page explains how digital asset planning works in Tennessee and what property owners in Cookeville should consider when organizing online accounts, cryptocurrency, digital media, cloud storage, and other electronic property. We describe practical steps you can take to document access instructions, designate responsible persons, and include provisions that align with Tennessee law and probate procedures. The goal is to reduce uncertainty for family members and make post-death administration smoother and more predictable.
Many people assume that online accounts simply transfer like physical property, but access rules, platform policies, and privacy laws can complicate transfers. A thoughtful plan identifies which accounts have value or sentimental importance, clarifies how passwords and two-factor authentication should be handled, and addresses whether certain accounts should be closed or passed on. In Cookeville and surrounding areas, practical digital asset planning can prevent family disputes, preserve valuable digital property, and ensure continuity for online businesses or social media legacies while complying with state probate requirements and service provider rules.
Why Digital Asset Planning Matters for Families and Businesses
Digital asset planning reduces stress and uncertainty for heirs and personal representatives by creating a clear roadmap for handling online accounts and electronic property. With clear instructions and authorized access, families can avoid delays and potential loss of valuable assets like domain names, online businesses, and digital photo collections. Planning also helps protect privacy and reduces the risk of account misuse. For business owners who maintain online storefronts or client data, planning ensures continuity and helps preserve business value after an owner’s incapacity or death, which benefits both families and local communities in Cookeville.
About Jay Johnson Law Firm and Our Approach to Digital Asset Planning
Jay Johnson Law Firm serves Putnam County and the broader Tennessee community, focusing on estate planning and probate matters including digital asset planning. Our approach emphasizes clear communication, practical documentation, and step-by-step guidance so clients in Cookeville can protect online property and prepare for future transitions. We work with individuals and families to create customized plans that reflect their values and priorities, preparing instructions and documents that are compatible with Tennessee law and easy for designated representatives to follow when the need arises.
Understanding Digital Asset Planning and How It Fits Into an Estate Plan
Digital asset planning is the process of identifying, documenting, and arranging for the transfer or management of electronic property, accounts, and data in the event of incapacity or death. This includes email accounts, cloud storage, cryptocurrency wallets, social media profiles, online financial accounts, and websites. The planning process clarifies who may access accounts, how digital items should be handled, and what rights an appointed personal representative will have. Because online service providers each have their own rules, planning often combines legal documents, practical instructions, and secure record-keeping.
A comprehensive digital asset plan typically includes an inventory of accounts, secure methods for storing access information, legal authorizations for fiduciaries, and instructions for closure, transfer, or memorialization of accounts. In Tennessee, certain statutory rules govern access by personal representatives while platform terms of service may impose different requirements. Addressing these layers ahead of time minimizes disruption, helps avoid litigation, and makes it simpler for family members and appointed agents to carry out your wishes in a practical and legally consistent manner.
Defining Digital Assets and Their Legal Treatment
Digital assets encompass a wide array of electronic property ranging from financial accounts and cryptocurrency to personal photographs and digital contracts. Legally, these assets can be treated as property, but access is often governed by service agreements, privacy policies, and data protection rules. A well-crafted plan explains which assets you own, what access you authorize, and how those assets should be handled after incapacity or death. It also anticipates common obstacles, such as two-factor authentication and vendor requirements, and outlines practical steps for ensuring that designated persons can carry out your instructions effectively and securely.
Key Elements and Practical Steps in Digital Asset Planning
The planning process begins with creating a detailed inventory of digital accounts and assets, followed by deciding who will manage or inherit those assets. Important elements include granting authority to a fiduciary through documents like powers of attorney and wills, preparing written access instructions, and securely storing login information. Additional steps may involve configuring account legacy settings, documenting business continuity plans for online enterprises, and updating beneficiary designations where applicable. Regular review and updates keep the plan aligned with changing accounts, technology, and personal preferences.
Key Terms and Glossary for Digital Asset Planning
Understanding common terms helps demystify digital asset planning and makes it easier to communicate your wishes. Terms in this glossary clarify the roles and processes that influence how online property is handled, such as the difference between access and ownership, what fiduciary authority entails in practical terms, and how platform-specific legacy settings operate. A clear grasp of these concepts supports informed decisions about access permissions, privacy considerations, and record-keeping practices, enabling you to build a coherent plan that beneficiaries and fiduciaries can follow when needed.
Digital Asset Inventory
A digital asset inventory is a comprehensive list of accounts, passwords, cloud storage locations, cryptocurrency wallets, domain names, social media profiles, and any other online resources that have value or personal significance. Creating an inventory includes noting account providers, usernames, recovery methods, and instructions for access. Maintaining that inventory in a secure but accessible way is essential to make sure the person you designate can locate and manage your assets quickly and accurately. Periodic updates ensure the inventory reflects current holdings and account changes.
Access Authorization
Access authorization refers to the legal and practical permissions that allow a designated individual to view, manage, or transfer your digital accounts and content. Authorization can be provided through powers of attorney, fiduciary designations, or account-specific legacy settings when available. Because some providers restrict or deny access to account content, clear written instructions and properly executed legal documents increase the likelihood that a personal representative can take necessary actions in accordance with your wishes while respecting privacy laws and provider policies.
Fiduciary Authority for Digital Property
Fiduciary authority for digital property means the responsibilities and powers given to an appointed person, such as a personal representative or agent, to manage electronic accounts and digital assets. This may include the right to access, disable, transfer, or delete accounts as needed to carry out estate administration tasks. Granting clear authority in estate planning documents and aligning those documents with a detailed inventory helps minimize conflict and confusion when the fiduciary must act on behalf of the estate or an incapacitated individual.
Provider Legacy Settings
Provider legacy settings are the options available within certain online services that allow account holders to designate what happens to their accounts after death or incapacity. These settings may permit account transfer, memorialization, or deletion and vary widely among providers. Documenting both your provider legacy choices and any additional instructions in your estate planning documents helps ensure that your online presence and digital property are handled according to your wishes and in coordination with platform-specific policies.
Comparing Limited and Comprehensive Digital Asset Planning Options
When considering digital asset planning, people often weigh a limited approach versus a comprehensive plan. A limited approach focuses on a handful of critical accounts and basic access instructions, which can be suitable for those with relatively few online holdings. A comprehensive plan addresses a full inventory, legal authorizations, secure storage of credentials, and tailored instructions for business or complex holdings. Each approach has trade-offs in terms of cost, administrative burden, and protection for heirs, and the right choice depends on the volume of assets, the nature of accounts, and personal priorities for continuity and privacy.
When a Limited Digital Asset Plan May Be Appropriate:
Minimal Online Footprint and Simple Needs
A limited plan can be appropriate when an individual maintains only a few essential accounts and has no ongoing online business or complex holdings. In such cases, documenting access to primary email, banking portals, and social profiles, along with naming a trusted contact, can address most practical needs. The limited strategy keeps documentation straightforward and may be sufficient to allow a designated person to handle immediate tasks like closing accounts, retrieving important documents, or notifying contacts without the need for extensive legal arrangements or continuous inventory updates.
Low Commercial Value of Digital Holdings
If online accounts do not represent significant commercial or monetary value and there is little need for ongoing management after death, a limited plan focusing on access and basic instructions may be adequate. This approach reduces the time and cost involved while still helping family members avoid common obstacles. The limited plan should still include secure storage for access credentials and clarify whether accounts should be closed or preserved for sentimental reasons to avoid misunderstandings among heirs and simplify the estate administration process.
When a Comprehensive Digital Asset Plan Is Recommended:
Business Continuity and High-Value Digital Property
Comprehensive planning is recommended when digital assets include online businesses, digital stores, domain names, or cryptocurrency holdings that represent substantial monetary value or ongoing revenue. A detailed plan ensures continuity, identifies who will manage operations, and preserves business relationships and client access. By documenting backup access, transfer protocols, and legal authority, owners reduce the risk of lost income or reputational harm. Comprehensive planning also helps coordinate tax and probate considerations for high-value digital holdings to avoid costly disputes or interruptions in service.
Complex Account Structures and Privacy Considerations
When accounts involve multiple providers, layers of authentication, or sensitive personal data, a comprehensive plan is beneficial. Detailed instructions can address multi-factor authentication, secure key storage, and privacy preferences, while legal documents clarify authority for fiduciaries. This level of planning is particularly useful for individuals with legacy social media presence, professional accounts, or shared family resources stored online. A comprehensive approach anticipates obstacles and sets forth clear directions to protect privacy while ensuring lawful access when needed.
Key Benefits of a Comprehensive Digital Asset Plan
A comprehensive approach provides peace of mind by creating a centralized plan for all types of digital property and related access. By inventorying assets, documenting access protocols, and designating responsible parties, a comprehensive plan reduces the likelihood of account loss, unauthorized access, or family disputes. It also aligns legal authorizations with practical steps, making it easier for fiduciaries to carry out last wishes and handle administrative duties efficiently under Tennessee law and relevant provider policies.
Comprehensive planning is also valuable for preserving business continuity and protecting assets that hold financial or sentimental value. With well-documented instructions and secure storage of login information, fiduciaries can act quickly to maintain operations or preserve digital memories. Regular updates to the plan ensure it remains accurate as accounts change, helping families avoid delays and unexpected expenses during probate or transfer processes while ensuring that privacy and data security considerations are respected.
Protecting Financial and Business-Related Digital Assets
Comprehensive planning helps protect online financial accounts, digital wallets, and revenue-generating properties by documenting access and continuity plans. This protection reduces the risk that accounts will be frozen or lost due to lack of clear authority. For business owners, documenting operational steps and assigning a responsible person ensures customers and vendors experience minimal disruption. Preserving access and specifying transfer procedures helps maintain value, prevents loss of income, and supports a smoother transfer process for high-value digital holdings after an owner’s incapacity or death.
Securing Personal Data and Managing Privacy Preferences
A thorough plan addresses privacy and data security concerns by specifying how sensitive information should be handled, who may access personal data, and which accounts should be closed or memorialized. Clear directions help prevent identity theft, unauthorized access, or inappropriate use of private communications. Documenting preferences for social media memorialization, email archiving, or selective deletion gives families guidance and maintains respect for the account holder’s privacy while enabling lawful administration and closure of accounts according to stated wishes.
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Practical Tips for Managing Digital Assets
Create and Maintain a Secure Inventory
Start by compiling a secure, up-to-date inventory of all online accounts, access credentials, recovery methods, and instructions for each account. Store that inventory in a secure location and consider using a password manager or encrypted document accessible to your designated agent under controlled conditions. Regularly review and update the inventory to reflect account changes, new services, or amended preferences. Clear labeling and concise instructions make it easier for a personal representative to locate and handle assets quickly and reduce confusion during administration.
Grant Clear Legal Authority and Written Instructions
Coordinate Provider Settings with Your Plan
Where available, use provider legacy settings for accounts that offer options to designate a legacy contact or to set preferences for memorialization, transfer, or deletion. Documenting these choices alongside your estate planning documents creates a consistent approach that respects both your wishes and provider rules. For accounts without legacy settings, clear instructions and legal authority are particularly important. Regularly revisit provider policies and settings, as platform rules can change and affect how accounts are handled after incapacity or death.
Reasons to Include Digital Asset Planning in Your Estate Plan
Including digital asset planning in your estate documents helps avoid common pitfalls such as inaccessible accounts, lost passwords, and unintended loss of sentimental or financial digital property. Planning protects both assets and privacy, ensuring that instructions for handling online accounts are clear and actionable. For individuals with important online presences, the right plan can prevent interruptions to businesses and preserve valuable intellectual property. Preparing ahead of time reduces emotional strain on loved ones during a difficult period and creates a smoother process for carrying out your wishes.
Digital asset planning also reduces the potential for disputes among family members by making intentions explicit and assigning responsibility for digital property management. By documenting who should be notified, who may access accounts, and how digital content should be preserved or removed, you provide a roadmap that reduces ambiguity. Whether your priorities are financial protection, privacy, or preserving memories, planning tailored to your situation offers practical benefits that make post-life administration more efficient and less contentious for those who must manage your estate.
Common Situations That Make Digital Asset Planning Important
Digital asset planning becomes especially important when accounts hold financial value, when an individual operates an online business, when there are extensive personal archives stored digitally, or when complex authentication methods are in use. Likewise, families often need guidance when a loved one is incapacitated and immediate access to online financial or healthcare-related accounts is necessary. In those circumstances, having documented access and legal authority helps personal representatives take timely, lawful steps to manage digital property and meet administrative responsibilities under Tennessee law.
Owner of an Online Business or Revenue-Generating Site
When someone operates an online business, prompt access to accounts, domain names, and payment processors is essential to avoid loss of income or customer trust. A plan that includes detailed operational instructions and access procedures helps designated managers maintain continuity of service, protect customer data, and transfer ownership if appropriate. Documenting vendor contacts, renewal schedules, and login procedures reduces downtime and preserves business relationships during the transition that follows an owner’s incapacity or death.
Significant Cryptocurrency or Digital Financial Holdings
Cryptocurrency and other digital financial holdings require careful planning because access often depends on private keys or seed phrases that can be lost forever if not managed properly. A plan should address secure storage of keys, instructions for authorized access, and steps for transfer or liquidation that comply with your wishes. Because blockchain assets are usually irreversible, documenting precise instructions and secure methods for making keys available to trusted agents prevents permanent loss of value and helps heirs navigate technical and legal hurdles.
Extensive Personal Archives or Sentimental Digital Property
Many people have large collections of photos, videos, and personal documents stored in the cloud that have significant sentimental value. Planning should specify whether these archives should be shared, preserved, or deleted, and identify a trusted person to fulfill those instructions. Clear directions help family members understand your preferences for memorialization or privacy and ensure cherished memories are handled respectfully. Including storage locations and recovery information in an inventory reduces the time needed to locate important files.
Digital Asset Planning Services in Cookeville, TN
Jay Johnson Law Firm is available to help residents of Cookeville and Putnam County address digital asset planning as part of a complete estate plan. We assist with building inventories, drafting legal authorizations, aligning provider legacy settings with your wishes, and advising on secure methods for storing access information. Our goal is to provide straightforward guidance so you can protect both financial and personal digital property, reduce uncertainty for your loved ones, and create a plan that fits your circumstances and comfort level.
Why Work with Jay Johnson Law Firm for Digital Asset Planning
Choosing a law firm to assist with digital asset planning ensures your documents are prepared to reflect Tennessee law and practical realities of online providers. We focus on creating clear, practical instructions and legally effective documents that empower designated agents to act when necessary. Our approach emphasizes communication so you understand the options and implications for each type of account, helping you make informed choices about access, privacy, and transfer preferences for digital property.
We work with clients to develop tailored plans that align legal documents with a practical inventory and secure storage for access credentials. Our services include reviewing account terms, advising on legacy settings, and coordinating powers of attorney and will provisions to ensure consistency across documents. By integrating digital asset planning into a broader estate plan, individuals in Cookeville can ensure their online and offline affairs are addressed together, reducing the potential for delays or disputes during administration.
Our goal is to deliver clear, actionable plans that are easy for family members and fiduciaries to follow when the time comes. We prioritize privacy and secure handling of sensitive information and help clients choose practical solutions for storing credentials and access instructions. The process includes reviewing your inventory, updating documents as accounts change, and providing straightforward direction for the people you designate to manage your digital estate, which supports a respectful and orderly transition.
Contact Us to Start Your Digital Asset Plan in Cookeville
How We Handle Digital Asset Planning at Jay Johnson Law Firm
Our process begins with an initial consultation to identify digital accounts and priorities, followed by compiling an inventory and reviewing relevant provider policies. We draft the necessary legal documents to grant authority and prepare written instructions aligned with your wishes. After finalizing documents, we discuss secure storage and update procedures so the plan remains current. Throughout, we focus on clarity and practicality to make administration easier for designated agents and to help avoid common obstacles.
Step One: Inventory and Assessment of Digital Holdings
The first step is a thorough assessment of your online accounts and digital holdings to determine what items require planning. This includes financial accounts, cloud storage, social media, professional accounts, domain names, and any digital currency holdings. We work with you to classify assets by importance and specify how each should be handled, creating a prioritized inventory that becomes the foundation for drafting legal documents and practical instructions tailored to your needs.
Documenting Accounts and Access Information
We guide you through documenting account details, recovery options, and authentication methods, while emphasizing secure storage practices. This documentation identifies the essential access pathways and helps determine which accounts need special handling due to encryption, two-factor authentication, or third-party dependencies. Clear records reduce the time and effort required for fiduciaries to locate and manage accounts and help avoid the risk of permanently inaccessible assets.
Evaluating Provider Policies and Legacy Options
Part of the assessment includes reviewing each provider’s policies for account access, transfer, and memorialization. Where platforms offer legacy settings or designated contacts, we document those choices and coordinate them with your broader plan. Understanding these policies helps shape realistic instructions and reduces the chance of conflict between your stated wishes and provider practices, enabling a smoother transition when accounts need to be managed by another person.
Step Two: Drafting Authorizations and Written Instructions
Once the inventory is complete, we prepare the legal documents and written instructions that grant authority and outline your preferences for account management. Documents may include powers of attorney with digital clauses, testamentary provisions, and detailed instructions for fiduciaries. The drafting phase balances legal precision with practical steps so appointed individuals can act quickly and in accordance with your expressed wishes while complying with relevant Tennessee statutes and provider requirements.
Preparing Powers of Attorney and Will Provisions
We recommend including language in powers of attorney and wills that explicitly addresses digital assets and authorizes appointed individuals to access, manage, or transfer online accounts as necessary. Careful drafting ensures these documents use clear and current terminology to avoid ambiguity and coordinate with state laws. Explicit provisions reduce the risk that fiduciaries will face barriers when attempting to step in and carry out essential administrative tasks for the estate or for an incapacitated individual.
Creating Practical Instruction Documents
Alongside legal authorizations, we help clients prepare practical instruction documents that list accounts, login locations, and step-by-step directions for handling each item. These instructions can address whether accounts should be closed, transferred, or preserved, and they help designated persons understand your priorities. The combination of legal authority and clear directions improves the likelihood that service providers and courts will recognize and accept the actions taken by your fiduciaries.
Step Three: Secure Storage, Review, and Ongoing Updates
After preparing documents and instructions, we recommend secure storage solutions for credentials and periodic reviews to keep the plan current. Clients should choose a secure method for storing inventories and access data, and identify a trusted person who can retrieve that information when needed. We also encourage regular updates to reflect changes in accounts, technology, or personal wishes so the plan remains effective over time and responsive to evolving circumstances.
Selecting a Secure Storage Method
Selecting secure storage involves balancing accessibility and protection. Options include encrypted digital storage, password manager arrangements with emergency access features, or a secure physical record kept with a trusted fiduciary. The chosen method should provide reliable access for the designated agent while protecting sensitive credentials from unauthorized users. We can advise on practical storage approaches and help incorporate retrieval instructions into your plan so access is both secure and attainable when necessary.
Implementing a Review Schedule and Updating Documents
Technology and account holdings change over time, so it is important to review and update your digital asset plan periodically. A scheduled review ensures new accounts are captured, obsolete ones are removed, and legal documents remain aligned with current law and provider policies. We support clients in updating inventories and documents as needed, ensuring that appointed agents always have accurate instructions and authoritative documents to act on, which reduces confusion and administrative delays for heirs and fiduciaries.
Frequently Asked Questions About Digital Asset Planning
What counts as a digital asset for estate planning purposes?
A digital asset can be any electronic property or account that holds value or personal significance. This includes email accounts, cloud storage, photos and videos, social media profiles, domain names, websites, online business accounts, and financial accounts like payment processors or cryptocurrency wallets. The key consideration is whether the account or file needs direction for access or disposition after incapacity or death, or whether it contains confidential or valuable information that should be preserved or removed.For planning purposes it helps to create categories such as financial accounts, personal archives, and operational business accounts. Categorizing assets clarifies which items require legal authority, which need specific instructions for transfer, and which can be closed or memorialized. This structured approach makes it easier for a designated person to follow your directions and helps align practical steps with estate documents.
How can I provide access to accounts that use two-factor authentication?
Two-factor authentication adds a layer of protection but can complicate post-incident access if recovery methods are not documented. Planning should note the authentication type, recovery options, backup codes, and where those items are stored. Some users place backup codes in a secure physical location or within an encrypted emergency access feature of a password manager, which a designated agent can reach when necessary.It is important to balance security with access. Provide clear written instructions and legal authorization that explains how recovery methods should be used. This reduces the likelihood of losing access permanently while still maintaining reasonable security and privacy protections for your accounts.
Should I include cryptocurrency in my estate plan and how is it handled?
Cryptocurrency should be included in an estate plan because access typically depends on private keys or seed phrases that, if lost, can result in irretrievable loss of funds. Planning must address secure storage of private keys, instructions for authorized access, and whether holdings should be transferred, sold, or held. Clear documentation of where keys are stored and how they may be accessed is essential for preserving value for heirs.Because cryptocurrency custody options and storage methods vary, the plan should match your chosen storage approach. Whether keys are held in a hardware wallet, custodial account, or cold storage, documenting procedures and providing legal authorization will help ensure fiduciaries can carry out your wishes safely and efficiently.
Can I name someone to manage my social media accounts after I pass away?
Many social media platforms offer legacy or memorialization options that allow account holders to designate how profiles should be handled after death. These settings vary by provider and may permit a designated contact to manage or memorialize the account. Including instructions for social media accounts in your plan clarifies whether you want profiles preserved, archived, or deleted and who should carry out those wishes.Because provider options differ, document both your platform-specific choices and your broader intentions in estate documents and practical instructions. This helps reduce uncertainty and guides the person you appoint on how to proceed in accordance with both your wishes and the service provider’s policies.
How do provider terms of service affect my ability to transfer accounts?
Provider terms of service often determine whether an account can be accessed or transferred after death, and those terms can differ significantly between companies. Some providers have clear legacy mechanisms, while others restrict access or require court orders for certain actions. Planning should take these terms into account so your instructions are practical and aligned with what service providers will allow.Understanding provider policies early helps shape your plan and document realistic options for account management. Where possible, coordinating legal authorizations with provider legacy settings and documenting your choices increases the chance that designated agents can carry out your wishes without unnecessary legal hurdles.
Where should I store login credentials and recovery information securely?
Secure storage of login credentials and recovery information is vital. Options include encrypted digital vaults, password managers with emergency access features, or secure physical storage such as a safe deposit box. The chosen method should provide reliable access for the designated agent while protecting against unauthorized use. Document retrieval instructions clearly so a fiduciary can locate the necessary information when the time comes.Be mindful of redundancy and review procedures: keep a record of where credentials are stored, who has authorized access, and what steps to follow for retrieval. Regularly check storage methods to ensure they remain accessible as technology and services evolve.
Will a power of attorney allow someone to access my digital accounts?
A power of attorney that includes digital asset language can grant an appointed agent the authority to manage online accounts during incapacity. However, some service providers may still require additional proof or follow their own policies before granting access. It is therefore helpful to combine legal authorization with practical documentation such as account inventories and provider-specific instructions to improve the likelihood of smooth access in real situations.When preparing a power of attorney, make sure the language specifically addresses electronic communications and digital assets to avoid ambiguity. Clear drafting and coordination with other estate documents help ensure that your appointed agent can act effectively while respecting privacy and provider rules.
How often should I update my digital asset inventory and plan?
It is a good practice to review your digital asset inventory and plan annually or after any major life change such as acquiring new accounts, starting an online business, or adding significant digital holdings. Regular reviews help capture account changes, update recovery options, and ensure that legal documents remain consistent with your current situation and provider policies.Updating documents also offers an opportunity to revisit privacy preferences and legacy settings. A routine review schedule ensures the plan remains a living document that accurately reflects your wishes and reduces surprises for those who will carry out your instructions.
What steps should business owners take to protect online business continuity?
Business owners should document operational procedures, vendor contacts, renewal schedules, and access to payment processors and hosting accounts. Creating a continuity plan that assigns responsibility for daily operations helps ensure customers and clients experience minimal disruption. Include instructions for transferring domain registrations, payment accounts, and marketing platforms to prevent loss of revenue or reputation during transitions.Additionally, coordinate legal authorizations and access instructions with employment or partnership agreements to prevent conflicts. Clear documentation and secure storage of credentials help successors or appointed managers maintain service levels and preserve the value of the online business.
How does Tennessee law impact access to electronic communications and accounts?
Tennessee law provides the legal framework for powers of attorney and probate procedures that can impact access to digital assets, but platform rules and federal privacy laws also play a role. Legal documents should be carefully drafted to comply with state statutes while addressing the practical needs of electronic account management. Clear authorization in estate documents improves the ability of fiduciaries to act in accordance with state procedures during administration.Because the interaction between state law and provider policies can be complex, aligning your estate documents with a practical inventory and provider-specific settings increases the likelihood that fiduciaries can lawfully and efficiently manage electronic communications and accounts when necessary.