Outside Publication

Digital Assets and Intestacy, Boston University Journal of Science and Technology Law,  Vol. 21 Issue 384


What types of property amount to digital assets? To whom do digital assets pass upon death? How might digital assets pass to heirs when a decedent’s estate falls into intestacy due to lack of a probative will? These are some of the questions that plague estate planning in the contemporary world.

Currently, the generations most affected by digital asset transference are baby boomers and their heirs who are most likely to be passing without any provisions or instructions for transferring their online assets. Today, approximately 26% of the United States’ population is made up of baby boomers. Since 2011, 78% of this generation are spending about $650 per month on online purchases.

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