Digital Legacy Part 2: SOCIAL MEDIA LEGACY & THE DIGITAL ASSETS ACT
- Gregory R. Hill
- Nov 28, 2025
- 3 min read
YOUR SOCIAL MEDIA LEGACY
A social media account is an online platform that allows users to create a public or semi-public profile, connect with others, and share content such as photos, videos, messages, and thoughts. Common examples include platforms like Facebook, Instagram, TikTok, Twitch, and YouTube. These accounts are significant digital assets that act as personal archives. They are maintained by a Custodian (the company that runs the platform) and are governed by a complex Terms-of-Service (TOS) agreement. Unlike bank accounts, these accounts are primarily built for communication and interaction, not wealth storage, but their non-monetary value is immense, and they are critical components of a comprehensive Digital Asset Inventory.
THE SENTIMENTAL AND MONETARY VALUE OF YOUR PROFILES
Social media accounts carry two distinct types of value. First is the profound sentimental value: they serve as comprehensive digital scrapbooks containing years of family photos, life milestones, private messages, and memories with loved ones. For many, losing access to this data would be emotionally devastating. Second is the potential monetized value.
Content creators, entrepreneurs, and influencers, attempt to boast large followings on platforms like Instagram, Twitch, or YouTube which can translate directly into a business asset generating income through advertising, subscription fees, or affiliate marketing. Losing access to a monetized profile means losing not just a digital history, but a real-world income stream.
THE ESSENTIAL ROLE OF SOCIAL MEDIA IN SMALL BUSINESS MARKETING
For small businesses and individual professionals, social media is no longer optional but rather the primary engine of commerce and client acquisition. A company’s profile on platforms like Facebook, Instagram, or LinkedIn functions as a digital storefront and an essential marketing channel. These accounts are used to build brand loyalty, drive website traffic, engage with customers, and launch new products.
The value of this social media account is tied to its follower/subscriber count, its verified status, and the volume of historical customer interaction. Losing access to a business’s main social media channel, for example, is catastrophic, instantly severing its connection to its customer base and halting any marketing efforts.
Therefore, the commercial value of a small business profile must be explicitly protected in an estate plan. If a profile is monetized—meaning it directly generates revenue through affiliate links, sponsored posts, or subscriptions—it is considered a financial asset subject to valuation and transfer, just like a bank account. Losing access to the login credentials means losing this income stream and forcing the business to rebuild its marketing authority from scratch, which takes years.
Estate planners for business owners, large and small alike, must ensure that the designated Fiduciary or successor beneficiary has immediate, legally enforceable access to the account credentials, allowing them to provide uninterrupted business operations, continue service to the customer base, and preserve the commercial viability of the enterprise.
PROTECTING YOUR SOCIAL MEDIA ASSETS
Protecting your social media legacy requires a two-pronged approach: technical security and legal documentation. Technically, you must use strong, unique passwords and enable multi-factor authentication (MFA) on all accounts to prevent unauthorized access while you are alive. Most accounts require some form of MFA to force you into this protection to keep the service provider secured from liabilities. Legally, you must work with your attorney to include explicit directives in your Will or Trust that specify exactly what should happen to each account: do you want it memorialized, permanently deleted, or managed by your Fiduciary/Beneficiaries? These documents, referencing your state's digital asset law, are the only way to legally compel the Custodian to respect your wishes and ensure your digital death is handled correctly. Make your jokes about deleting browser history when you die, but seriously make sure to designate what will happen to your accounts.
DON'T WAIT FOR A PLAN TO BE TRENDING
Your digital life, just like the news, changes in an instant. Don't miss the chance to safeguard your key media accounts and digital legacy from unauthorized access or financial complication. For comprehensive protection in the modern era, connect with a seasoned estate planning attorney who is well-versed in the specific demands of contemporary technology.
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