Most estate plans are usually made up of a will or a trust, and include simple instructions on where assets will go. That’s a good start, but it isn’t enough.
Your Estate Plan Is More Than Assets
The biggest problems in estate planning usually don’t come from what people include. They come from what they left out.
Things like digital accounts, pets, online businesses, or practical instructions on where the estate planning documents will be stored are usually forgotten because no one thinks to ask about them. We’ve seen this become especially true with DIY estate plans and older documents that haven’t been updated in years.
Below are some of the most commonly missed pieces of an estate plan, why they matter in NYC, and what happens when they’re overlooked.
The most common misconception we’ve seen is that estate planning is only about money or property. Really, a huge part of it is about access and authority over your entire life.
Your estate plan needs to answer questions like:
- Who can access your online and bank accounts?
- Who makes decisions on your behalf if you fall ill or get into a debilitating accident?
- What happens to your rent/mortgage and utilities?
- Where will the documents be stored, and who will have the passwords, keys, or security codes?
When you don’t answer those questions, New York law fills in the gaps, which leads to outcomes people don’t expect.
Digital Assets and Online Accounts
Digital assets can include email accounts, social media accounts, cloud storage, online subscriptions, digital photos and documents, cryptocurrency and digital wallets, and online businesses.
The issue is that access to these assets is ruled not just by estate law, but by privacy laws and platform-specific rules.
Without clear authorization, no one may be able to access your data.
In New York, fiduciaries need explicit authority to manage digital assets. Generic language, such as “my brother can handle all of my accounts”, in a will is often not enough. In this situation, the proper authority would usually come from a power of attorney or a trust, depending on the specific situation (your estate planning attorney can help you decide which is best for you). But actual passwords, account lists, and security codes should never be written into a will or trust.
Instead, that information should be kept in a secure place—like a password manager or encrypted file—that can be updated easily. Your estate plan can point to where that information is stored, without listing the details themselves.
What to include:
- Clear authorization for fiduciaries to access digital assets
- A secure way to store access instructions
- Help on what should be kept, transferred, or deleted
Pet Care
Pets are family, but legally, they’re property. Many people assume a family member will just “take the dog” or it’ll get “figured out”. Honestly, that assumption has led pets to end up in shelters.
NYC has housing restrictions, co-op rules, or landlord policies that can limit pet ownership; this is usually the main issue.
If you have a pet, you need to plan who will take the pet immediately in an emergency, who will care for it long-term, whether funds are set aside in a trust for food, vet care, or grooming, and instructions for routines and medical needs (and also personal quirks the pet may have, such as if the dog will only eat a specific brand of food)
Without this being established in your plan, pets can be rehomed or placed in shelters while the court is deciding.
Long-term care for pets can be addressed through a pet trust or specific provisions in a will. That names who is responsible and how expenses are paid.
Details about routines, veterinarians, food preferences, and medical needs should live in a pet care letter rather than the legal document itself, so it’s easy to update and practical for the caregiver.
Online Businesses and Side Projects
Freelancing, consulting, digital content, online shops, and intellectual property are common in NYC—and easy to overlook.
These may include:
- Freelance or consulting businesses
- Online stores or marketplaces
- Monetized social media accounts
- Websites and domain names
- Royalties, licensing agreements, or digital products
- Client databases and work-in-progress
Without planning, no one may have the authority to:
- Access accounts or platforms
- Communicate with clients
- Collect payments
- Transfer ownership or shut things down properly
That can mean lost income, breached contracts, or confusion for clients and collaborators.
Under New York’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADA), tech companies are legally obligated to protect your privacy—even from your own family. A standard Power of Attorney that says your agent can “manage your property” is no longer enough to get into your Gmail, Shopify, or iCloud.
You need a RUFADA-Compliant Power of Attorney. You must ensure your Power of Attorney includes specific language that explicitly grants your agent the authority to access the content of your electronic communications. Without this specific “digital asset” section, your family may need a court order just to shut down a subscription or collect payments from an online shop.
The Revocable Living Trust: If your online business is an LLC, you should consider titling that business in a Trust. This allows a Successor Trustee to step in immediately upon your death or incapacity. Unlike a Will, which must go through the slow NYC probate process (which can take 6–12 months currently), a Trust works privately and instantly.
A Digital Letter of Instruction: This is a detailed list for your Executor. It should list every platform you use, from Shopify to Patreon, and instructions on how to access your password manager.
Practical Instructions People Assume Are “Obvious”
When someone becomes incapacitated or passes away, loved ones often scramble to answer basic questions. Estate plans frequently don’t address these details because they seem too small or too obvious to include.
Common examples:
- Where important documents are stored
- How rent, utilities, or co-op fees are paid
- Who handles ongoing obligations like childcare, elder care, or property maintenance
- Instructions for managing subscriptions, memberships, or automatic payments
- Preferences for end-of-life arrangements or memorials
You need “Letter of Wishes” & Automated Access. While not a formal legal document, a detailed Letter of Wishes serves as the manual for your life. It bridges the gap between your legal Will and the practical reality of living in the city.
Personal Property
Estate plans often address financial value but skip sentimental items.
Items like:
- Jewelry
- Artwork
- Family heirlooms
- Letters, photos, or keepsakes
These are often the source of conflict because people assume everyone agrees on who should receive what. When instructions aren’t clear, disputes can arise quickly—even among families who otherwise get along.
Planning may include:
- Specific gifts listed in a will
- A separate document for personal property
- Clear communication during life, not just after death
We hope this article was of use to you. If you have further questions, feel free to contact us for more information!