Probate in Wisconsin has traditionally dealt with two kinds of property – the physical and the intangible. The latter, intangible, refers to assets like bank accounts or stocks that lack a physical form yet serve as a defined store of value.
These days there is another, distinct type of intangible property that we all possess in one form or another: digital property. This encompasses everything from your email to your iTunes account with thousands of downloaded songs and videos. Up until recently, figuring out what happened with your digital property upon death meant looking at the terms of service for every company with which you do business. In other words, Facebook may say one thing when it comes to whether or not your estate can access your profile post-death, while Google may say something completely different with respect to the fate of your Gmail account. Continue reading