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January 26, 2026
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This article is based on insights shared by attorneys Cara Pinto and Alison Smith during their presentation at the Pennsylvania Bar Institute’s Estate Law Institute on November 13, 2025, in Philadelphia, Pa.

Estate planning traditionally focuses on tangible assets, including real estate, investments, and personal property. But in today’s digital age, your intellectual property may be just as valuable, and often more vulnerable. From social media content and blogs to trademarks and patents, these intangible assets can hold significant financial and cultural worth. Ignoring these intangible assets can lead to disputes, lost revenue, and even the loss of ownership or control over creative works.

Key takeaways:

• Digital assets and intellectual property are part of your estate and need intentional planning.
• Without clear instructions, families risk losing access, income, and control over creative works.
• A strong plan includes inventorying IP, securing digital assets, valuing rights and interests, enabling access, and specifying administration and disposition.

Why this matters more than ever

The definition of “property” has evolved. Today, your estate may include digital content such as videos, photography, music, blogs, and social media accounts. It may also encompass brand assets, such as trademarks, logos, and domain names, that are tied to your business or personal brand. For entrepreneurs and creators, innovations commonly encompass intellectual property rights. For example, patents are often relevant for software innovations in application development. Even name, image, and likeness (NIL) rights, once reserved for celebrities, are now monetized by athletes, influencers, and professionals. Post-mortem use rights may be restricted by individual state privacy laws.

Intellectual property rights don’t just represent creativity, as they also often generate income. Without planning, these intellectual property rights can become inaccessible or mismanaged after death. Incorporating your intellectual property into your estate planning is crucial for fiduciaries, heirs, or beneficiaries who require access to manage or inherit those rights.

The risks of ignoring intellectual property

Failing to include intellectual property in your estate plan can lead to unfortunate financial consequences. Royalties, licensing fees, and advertising income can be delayed or unaccounted for if rights aren’t properly transferred. Families may fight over the ownership or control of creative works, resulting in costly and emotionally charged disputes. And without clear instructions, your work could be exploited or lose value.

Consider high-profile examples, such as the estates of musicians and authors, where rights of publicity and copyright enforcement persist decades after death. Even if you’re not a celebrity, your intellectual property can carry real financial and sentimental value.

How to protect your legacy

Estate planning for intellectual property doesn’t have to be overwhelming. Start with these essentials:

1. Create an inventory of your intellectual property

Begin by listing all intellectual property assets. Include registered copyrights, trademarks, and patents, as well as unregistered works such as unpublished manuscripts or digital art. Don’t forget online accounts tied to creative or business activities, such as social media profiles or e-commerce platform accounts, as well as any licensing agreements or royalty contracts. Oftentimes, employment and independent contractor agreements address intellectual property ownership. This inventory is the foundation for valuation and transfer planning.

2. Secure access to digital assets

Digital platforms often restrict access after death. To prevent lockouts, store login credentials securely and share them with a trusted individual or entity. Be sure to set disclosure preferences for online accounts, and document how you want accounts managed, whether archived, deleted, or monetized. Without these steps, service providers may deny access, leaving valuable content inaccessible. Be familiar with the options available to you under any end-user agreements or terms of use governing your online accounts.

3. Value your intellectual property for tax and transfer

For estate planning purposes, intellectual property should be valued. Common approaches include comparing similar sales, forecasting future royalties or revenue streams, and estimating the cost to recreate the intellectual property. Accurate valuation ensures compliance and helps you understand the worth of your estate.

4. Plan for administration and transfer

Your estate documents should grant your fiduciaries the necessary power to administer and enforce your intellectual property. Assign fiduciaries with experience managing intellectual property. You can appoint a special fiduciary for this purpose. Your estate documents should also specify how your intellectual property rights should be distributed following your death, including the division of those rights, if desired.

Looking ahead

Your creative works and digital presence are part of your legacy. By addressing intellectual property in your estate plan, you protect both financial value and personal identity for future generations. In a world where digital assets are increasingly monetized, planning for intellectual property isn’t optional, it’s essential.