Ed.
note:
This
is
the
latest
in
the
article
series, Cybersecurity:
Tips
From
the
Trenches, by
our
friends
at Sensei
Enterprises,
a
boutique
provider
of
IT,
cybersecurity,
and
digital
forensics
services.
Most
people
have
at
least
a
basic
estate
plan,
a
will,
maybe
a
trust,
beneficiary
designations,
and
powers
of
attorney.
The
traditional
pieces
are
usually
there.
What
is
missing
is
everything
else.
Today,
much
of
a
person’s
life
exists
entirely
in
digital
form,
including
financial
accounts,
payment
platforms,
photos,
documents,
cloud
storage,
loyalty
points,
and
even
smart
home
systems.
As
a
recent
SANS
OUCH
newsletter
points
out,
when
someone
dies
without
a
plan
for
those
assets,
families
can
face
financial
disruption,
security
risks,
and
the
permanent
loss
of
important
data.
Digital
Assets
Are
Real
Assets
The
concept
of
digital
inheritance
is
no
longer
theoretical.
It
is
simply
the
extension
of
estate
planning
into
modern
life.
Digital
assets
can
include
such
things
as
email
accounts,
online
banking,
cryptocurrency
wallets,
and
subscription
services.
The
problem
is
that
these
assets
are
often
invisible.
There
is
no
paper
trail
in
a
file
cabinet.
There
is
no
physical
key
to
hand
over.
Access
is
controlled
by
passwords,
multi-factor
authentication,
and
platform
policies
that
may
not
recognize
traditional
legal
authority.
This
creates
a
practical
problem
for
families.
Even
if
someone
has
the
legal
right
to
access
an
account,
they
may
lack
the
technical
ability
to
do
so.
The
Risk
Is
Not
Just
Inconvenience
When
digital
assets
are
not
properly
planned
for,
the
consequences
go
well
beyond
inconvenience.
The
SANS
guidance
highlights
several
real
risks.
Families
may
be
unable
to
access
funds
or
meet
ongoing
financial
obligations.
Active
accounts
can
be
targeted
for
takeover
or
fraud.
Important
documents
and
personal
memories
can
be
lost
entirely.
There
is
also
an
emotional
component.
Unresolved
online
accounts,
social
media
profiles,
and
digital
identities
can
cause
confusion
and
distress
for
loved
ones.
In
some
cases,
accounts
remain
active
indefinitely,
raising
privacy
concerns
and
potential
security
risks.
For
law
firms
advising
clients,
this
is
not
an
issue
to
overlook.
It
is
a
growing
category
of
risk
that
intersects
finance,
privacy,
and
security.
The
Law
Has
Not
Fully
Caught
Up
Part
of
the
challenge
is
that
legal
frameworks
are
still
catching
up
to
digital
reality.
Traditional
estate
planning
assumes
that
assets
can
be
identified,
valued,
and
transferred.
Digital
assets
are
different.
They
may
be
governed
by
terms
of
service
agreements,
subject
to
licensing
restrictions,
or
controlled
by
providers
that
limit
access
after
death.
Even
when
statutes
address
digital
assets,
implementation
can
be
inconsistent.
As
a
result,
practical
access
often
depends
less
on
legal
authority
and
more
on
preparation.
In
other
words,
having
the
right
documents
is
necessary
but
not
always
sufficient.
What
Lawyers
Should
Be
Doing
Differently
The
takeaway
is
not
that
estate
planning
needs
to
become
more
complicated.
It
needs
to
become
more
complete.
There
are
several
practical
steps
lawyers
can
incorporate
into
their
process.
First,
inventory
matters.
Clients
should
identify
which
digital
assets
exist,
where
they
are
stored,
and
how
they
are
accessed.
Without
that
baseline,
everything
else
becomes
guesswork.
Second,
access
planning
is
critical.
This
does
not
mean
writing
passwords
in
a
will.
It
means
using
secure
mechanisms,
such
as
password
managers,
digital
vaults,
or
designated
access
tools,
to
ensure
trusted
individuals
can
access
accounts
when
needed.
Third,
clients
should
designate
a
digital
executor
or,
at
a
minimum,
provide
clear
instructions
on
who
will
manage
digital
assets.
Traditional
fiduciaries
may
not
always
have
the
technical
expertise
required.
Fourth,
platform-level
settings
should
not
be
ignored.
Many
major
providers
now
offer
legacy
contact
or
account
management
features
that
let
users
define
what
happens
to
their
data
if
they
are
incapacitated
or
deceased.
Finally,
this
needs
to
be
part
of
the
conversation.
If
lawyers
are
not
asking
about
digital
assets,
clients
are
unlikely
to
raise
the
issue
on
their
own.
The
Bigger
Picture
Digital
legacy
is
not
just
about
account
access.
It
is
about
how
identity,
memory,
and
value
persist
after
death.
Increasingly,
people
leave
behind
not
only
financial
assets
but
also
entire
digital
footprints
that
reflect
their
relationships,
history,
and
personal
lives.
That
footprint
can
have
lasting
meaning
for
families.
It
can
also
pose
a
risk
if
unmanaged.
In
modern
estate
planning,
what
you
cannot
see
may
be
just
as
important
as
what
you
can.
Michael
C.
Maschke
is
the
President
and
Chief
Executive
Officer
of
Sensei
Enterprises,
Inc.
Mr.
Maschke
is
an
EnCase
Certified
Examiner
(EnCE),
a
Certified
Computer
Examiner
(CCE
#744),
an
AccessData
Certified
Examiner
(ACE),
a
Certified
Ethical
Hacker
(CEH),
and
a
Certified
Information
Systems
Security
Professional
(CISSP).
He
is
a
frequent
speaker
on
IT,
cybersecurity,
and
digital
forensics,
and
he
has
co-authored
14
books
published
by
the
American
Bar
Association.
He
can
be
reached
at [email protected].
Sharon
D.
Nelson
is
the
co-founder
of
and
consultant
to
Sensei
Enterprises,
Inc.
She
is
a
past
president
of
the
Virginia
State
Bar,
the
Fairfax
Bar
Association,
and
the
Fairfax
Law
Foundation.
She
is
a
co-author
of
18
books
published
by
the
ABA.
She
can
be
reached
at [email protected].
John
W.
Simek
is
the
co-founder
of
and
consultant
to
Sensei
Enterprises,
Inc.
He
holds
multiple
technical
certifications
and
is
a
nationally
known
digital
forensics
expert.
He
is
a
co-author
of
18
books
published
by
the
American
Bar
Association.
He
can
be
reached
at [email protected].