Estate Planning in 2026: New Year, New Digital Age - Trusts & Estates and Elder Law & Special Needs Planning Newsletter
The Importance of Modernizing Your Estate Plan for the New Digital and AI Era
By: Monica Babula
As 2026 begins, it is imperative for individuals and families to revisit their estate planning documents, especially in light of the expanding significance of digital assets and the increasing integration of artificial intelligence (AI) technologies. Digital estate planning now encompasses not only the organization and protection of online accounts, digital records, cryptocurrencies, and social media assets, but also the management and succession of AI-generated content, digital assistants, and automated decision-making tools.
Despite the growing prevalence of digital and AI-based assets, many estate plans continue to overlook these components in wills, trusts, and powers of attorney. Such assets can carry substantial personal and financial value. To ensure comprehensive coverage, individuals should review existing estate plans at the start of the year and consider incorporating provisions for digital property, including AI-generated works, AI-powered smart devices, and accounts managed or augmented by artificial intelligence. Explicit instructions for accessing and administering these assets—including the designation of a digital executor or fiduciary and the secure storage of credentials—are essential for effective estate administration.
The following are some examples of things to consider including in your estate planning documents:
- Provide clear directives for the transfer or deletion of social media profiles, online storage accounts, and subscription services.
- Specify how royalties or earnings from AI-generated content (such as digital art, writing, or music) should be distributed among beneficiaries.
- List all AI-powered smart devices in the home (e.g., virtual assistants, automated security systems) and provide instructions for their reset, transfer, or disposal.
- Detail procedures for accessing cryptocurrency wallets and digital investment accounts, including multi-factor authentication steps.
- Appoint a trusted individual as a digital executor with authority to manage, close, or transfer digital and AI-related assets according to your wishes.
- Store passwords and recovery keys securely, such as in an encrypted digital vault, and provide instructions for their retrieval by your digital executor.
- Establish guidelines for handling AI-driven business processes, such as automated trading algorithms or customer service bots, ensuring continuity or proper closure.
For those who have yet to establish an estate plan, 2026 presents an optimal opportunity to create estate planning documents that fully reflect ownership of both traditional and digital assets. Consulting with an attorney experienced in estate planning ensures that documents are compliant with current laws and accurately reflect your intentions. Regular updates to your estate plan, particularly in response to technological advancements, updates to laws, and changes in your personal life, are crucial for maintaining its relevance and effectiveness, providing clarity for your beneficiaries and peace of mind for you and your loved ones.
By proactively addressing the succession of both digital and AI-driven assets, you protect your digital legacy, streamline estate administration, and adapt to the evolving technological landscape. Leverage the new year as an opportunity to secure your estate’s future with up-to-date, comprehensive, and forward-thinking planning. Our Trusts & Estates attorneys at Pashman Stein Walder Hayden P.C. are available to assist you with such needs.
Learn more about our Trust & Estates and Elder Law & Special Needs Planning Practices.
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The information contained herein is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to these materials do not create an attorney-client relationship between Pashman Stein Walder Hayden P.C. and/or its attorneys, and the reader of the materials.
