Digital Asset Planning for Minors

Natalie Banta & Naomi R. Cahn, Digital Asset Planning for Minors, Prob. & Prop., Jan./Feb. 2019, at 44.

GWU Law School Public Law Research Paper No. 2019-1

GWU Legal Studies Research Paper No. 2019-1

6 Pages Posted: 14 Jan 2019 Last revised: 30 Jan 2019

See all articles by Natalie Banta

Natalie Banta

Drake University - Law School

Naomi Cahn

George Washington University - Law School

Date Written: 2019

Abstract

This article is one of the first to explore minors, digital assets, and estate planning. It argues that there are special considerations when it comes to minors and their control over their digital assets upon death or incapacity. First are issues concerning the capacity of minors. This is important in two contexts: the capacity of minors to execute a binding estate planning instrument and to enter into a contract with a service provider. Second, it observes that internet law does not treat all minors under the age of eighteen the same. The article offers guidance on how parents, children, and estate planners might approach digital asset planning.

Keywords: Digital assets, minors, family law, privacy

Suggested Citation

Banta, Natalie and Cahn, Naomi R., Digital Asset Planning for Minors (2019). Natalie Banta & Naomi R. Cahn, Digital Asset Planning for Minors, Prob. & Prop., Jan./Feb. 2019, at 44.; GWU Law School Public Law Research Paper No. 2019-1; GWU Legal Studies Research Paper No. 2019-1. Available at SSRN: https://ssrn.com/abstract=3313440 or http://dx.doi.org/10.2139/ssrn.3313440

Natalie Banta

Drake University - Law School ( email )

27th & Carpenter Sts.
Des Moines, IA 50311
United States
5152712658 (Phone)
5152712658 (Fax)

Naomi R. Cahn (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-6025 (Phone)
202-994-5614 (Fax)

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