Tailoring A Solution To Meet Your Needs

San Jose Digital Asset Estate Planning Attorney

Last updated on February 27, 2026

Estate planning in San Jose now involves far more than physical property and traditional bank accounts. Digital assets can hold immense financial and personal value, yet they are often overlooked until families face locked accounts or lost information.

At the Law Offices of Berge & Berge, we assist individuals and families throughout San Jose, California and the San Francisco South Bay Area with modern asset protection planning that reflects today’s digital reality. Our attorneys bring decades of experience supported by strong CPA and tax law backgrounds, which is particularly important when digital assets involve cryptocurrency or online business interests. We invite you to contact our office at 669-244-3546 or through our online contact form to discuss your goals.

The Risks Of Digital Death

Without clear planning, families may permanently lose access to digital property. Managing digital assets after death can be impossible if login credentials are missing or platform rules block access. Common categories include the following:

  • Digital wallets
  • Online banking
  • Social media profiles
  • Digital photos and videos
  • Intellectual property

This can result in the loss of sentimental photos as well as valuable cryptocurrency or income-producing digital assets. Each category raises different issues related to valuation, control and lawful access. Addressing them clearly within trusts and wills helps avoid confusion later.

California RUFADAA And Access Rights

Digital estate planning in California is governed by California’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law establishes a strict priority system. Courts first look to online tools provided by account platforms, then to instructions in trusts or wills and finally to the terms of service. California’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) compliance is critical for lawful access.

The Role Of A Digital Executor

A digital executor manages non-financial digital property such as social media accounts, photo libraries and intellectual property. Naming this fiduciary clarifies authority and reduces disputes.

Speak With Our San Jose Estate Planning Lawyer Team

Digital assets deserve the same care as traditional property. Contact us to discuss digital estate planning, asset protection planning, trusts and wills. Call Law Offices of Berge & Berge at 669-244-3546 or reach out through our online contact form to schedule a consultation.

Related Posts

Can I get more info on digital assets and estate planning?

This blog has touched on digital property in the past. Indeed, in a recent post, we looked at how a power of attorney is affected by digital assets. In this post though, we will look at digital assets more broadly. What are digital assets? Digital assets are, essentially, one’s online life. This includes social media profiles, digital music services, email…

Is your power of attorney ready for digital assets?

You took the time to craft a comprehensive estate plan that details the distribution of your assets and provides financial security to your loved ones through trusts. Now, unfortunately, you realize you neglected to mention your numerous digital assets. In recent years, the significance of digital assets has increased for nearly all individuals. The emergence of entertainment streaming services, cloud…

Digital estate plans protect essential assets (and selfies)

You may know the melancholy feeling of seeing a friend or follower on social media who has passed away in the real world, their digital afterlife remaining just the way they left it. Over time, our feeds accumulate these “ghost” or “zombie” accounts. Our lives have become so entwined with digital technology that a digital estate plan isn’t just about…