Social Media Accounts in Estate Planning: Delete, Memorialize, or Maintain?
As a fiduciary, I’ve noticed something interesting over the past few years: even clients who don’t see themselves as “social media influencers” have created substantial online presences. Like tangible property in the physical world, the content we create online comes in many different forms and carries different emotional and monetary value.
I’m seeing more estate planning documents that contain language addressing social media accounts. However, that language is often vague, typically just granting a trustee authority to “deal with digital assets.” What’s missing is specific guidance about the client’s wishes for their online presence.
This creates a gap between what the documents say and what fiduciaries actually need to execute the client’s intent. Social media accounts aren’t one-size-fits-all. Some need to be deleted immediately. Others should be memorialized. And increasingly, some need to be maintained because they’re generating income.
The Hidden Complexity of Social Media Inventories
- Delete (remove all content permanently)
- Deactivate (make the account inactive but reversible)
- Memorialize (freeze the account as a remembrance page)
- Maintain (keep active due to ongoing revenue or legacy value)
The Monetization Blind Spot
Here’s where attorneys may have a blind spot: social media accounts can generate real income, and that income may continue long after someone dies.
From a fiduciary perspective, determining value isn’t only about identifying active income. It’s also about assessing whether an online presence has residual value, ongoing obligations, or assets requiring accounting and administration. In some cases, a social media profile may fall under the definition of digital business property rather than a personal account, which could affect how it’s handled under estate documents and state law.
- Advertising Revenue: Platforms like YouTube, Facebook, and TikTok pay creators based on views, audience size, or engagement. Even a modest YouTube channel with evergreen content (recipes, DIY tutorials, software guides, music, or educational videos) may continue earning income long after the last post.
- Affiliate Links and Referral Income: Pinterest pins, Instagram posts, TikTok videos, or personal blogs may contain links to products. When followers click through and purchase, the creator earns commissions from companies like Amazon Associates, RewardStyle (LIKEtoKNOW.it), or ShareASale. These earnings can continue for months or years.
- Sponsored Posts or Brand Partnerships: Accounts with large followings may have contracts or payments tied to content already posted or agreements scheduled for future publication. These may require review to determine if obligations or payment rights survive the individual.
- Digital Storefronts or Product Sales: Some social media profiles link to Etsy or Shopify stores, online courses or downloadable products, subscription communities, or paid coaching and consulting services.
- Subscriptions or Member Communities:Platforms like Patreon, Substack, YouTube Memberships, or OnlyFans offer recurring subscription payments. If the decedent's content retains value, there may be ongoing contractual, brand, or patron obligations and potential liability if subscribers continue being charged without new content.
- Royalties, Copyrights, and Licensing Rights: Content such as artwork, music, photography, writing, or video may have intellectual property rights attached. Some platforms allow third-party licensing, meaning a post could generate revenue long after creation.
A Client Walks In: The Case of Megan
At the time of her estate planning conversation, Megan had active accounts across multiple platforms:
- Facebook Personal Profile: Used primarily to stay in touch with friends, family, and former classmates
- Instagram (Personal & Business): A mix of personal photos, travel memories, and occasional posts showcasing her design work
- Pinterest: Where she has curated more than 1,200 recipes and DIY projects, followed by over 8,000 people
- YouTube Channel: A small cooking channel she started during the pandemic, now with 2,400 subscribers and several videos that continue to get views
- Substack Newsletter: Where she shares recipes
- Yelp: Updated sporadically, mostly restaurant reviews and recipes
- LinkedIn: Used professionally throughout her career
Megan’s digital content generates between $8,000 and $12,000 annually depending on holiday traffic and recipe trends. This income includes monthly ad revenue through YouTube, ongoing affiliate links embedded in Pinterest, YouTube, and Instagram captions, subscription payments for her Substack newsletter, and seasonal brand sponsorships with cookware and kitchen organization partners.
What many attorneys and clients don’t realize is that this income may continue for a period even if new content is never added. This is where estate planning becomes critical.
How Megan Structured Management of Her Accounts
Working with her attorney, Megan took three critical steps:
- She named a designated digital executor, separate from her trustee and Personal Representative, because managing social media requires technical comfort and familiarity with the platforms.
- She stored login credentials securely in a password manager, with access instructions included in her estate plan.
- She documented her wishes clearly, platform by platform, so no one is left guessing.
Platform / Account Type
Purpose of Account
Action Requested
Reason
YouTube Channel
Cooking tutorials, ongoing revenue
Cooking tutorials, ongoing revenue
Continues earning income and represents meaningful creative work
Recipe boards with affiliate links
Maintain
Evergreen content continues generating passive affiliate revenue
Instagram (Business Account)
Cooking content, product links,
brand identity
Keep Public but Inactive
Supports ongoing monetization and legacy
Substack Newsletter
Paid subscriber content
Close after final billing cycle
Prevents ongoing charges to subscribers
Affiliate Program Accounts
(Amazon, RewardStyle, etc.)
Revenue tied to YouTube/Pinterest
Transfer or close depending
on policy
Required to continue payouts tied to maintained content
Facebook (Personal)
Friends, life updates, memories
Memorialize
Preserves emotional history for family and friends
Instagram (Personal)
Travel and family photos
Archive Privately
Sentimental value without public access
Career information
Deactivate
No sentimental or ongoing
business value
TikTok
Casual posts
Delete
No long-term relevance or value
What Attorneys Should Ask Every Client
What You Need to Manage Social Media Accounts After Death
Handle Monetized Accounts Carefully
- YouTube Partner Program / AdSense: ad revenue from video content
- TikTok Creator Fund / TikTok Shop: creator payments and e-commerce sales
- Twitch: subscriptions, bits, and ad revenue from live streaming
- Instagram: Reels bonuses, branded content, badges, and affiliate commissions
- Facebook: in-stream ads, Stars, and branded content partnerships
- Patreon: recurring subscriber payments
- Substack: paid newsletter subscriptions
- Ko-fi: one-time tips and monthly memberships
- OnlyFans: subscription-based content
- YouTube Memberships: channel membership fees
- Amazon Associates: product referral commissions
- RewardStyle / LIKEtoKNOW.it: fashion and lifestyle affiliate links
- ShareASale: multi-merchant affiliate network
- Other affiliate networks: platform-specific or brand-specific programs
- Shopify: online store sales
- Etsy: handmade goods and digital downloads
- Gumroad: digital products and courses
- Teachable / Kajabi: online course platforms
- Sponsored content agreements: pending brand partnerships or contracts
- Podcast sponsorships: ad revenue from podcast platforms (Spotify, Apple Podcasts)
- Medium Partner Program: earnings from written content
- Check for pending payouts
- Stop any subscriptions that charge customers
- Transfer accounts if permitted by platform terms
- Close or consolidate after all financial matters are settled
Preserve Important Content Before Closing Accounts
Protect Against Identity Theft
Communicate With Family
Keep Records
Practical Takeaways for Estate Planning Attorneys
- Inventorying accounts systematically during intake
- Identifying monetized accounts that have business value
- Documenting client wishes platform-by-platform using a chart like Megan's
- Designating a digital executor with technical skills
- Securing credentials through password managers with clear access instructions
- Educating clients about ongoing revenue potential and fiduciary obligations
Final Thoughts: The New Frontier of Fiduciary Duty
Social media accounts represent a new frontier in estate planning, one that blends emotional legacy, intellectual property, ongoing revenue, and technical complexity. For attorneys, the risk of ignoring this area is real: lost income, family conflict, privacy breaches, and unfulfilled client wishes.
By asking the right questions and creating clear, platform-specific instructions, you can ensure your clients’ online legacies are handled with the same care as their traditional assets. And when the time comes to execute those wishes, partnering with a fiduciary who understands both the emotional and financial dimensions of social media can make all the difference.
If you’re working with clients who have significant online presences (whether they see themselves as influencers or not), now is the time to build strategies for managing, preserving, or closing those accounts. Claridge Fiduciary Services can help you navigate these complexities with confidence.
Here’s how to connect: 503.899.2672 or darrell@claridgefs.com