Estate Planning for Social Media Influencers and Content Creators

For social media influencers and content creators, a career can generate income long after a video is published or a post goes viral. You may own a monetized YouTube channel, earn revenue from affiliate links, receive ongoing royalties, or operate a business built around your personal brand. But what happens to those assets if you become incapacitated or pass away?

Traditional estate planning addresses assets such as real estate, bank accounts, and investments. Content creators also need to consider their digital assets, intellectual property, business interests, and online income streams. A well-structured estate plan can help protect the value of your work and clarify what happens to it in the future.

Identifying Your Digital and Business Assets

Start by creating an inventory of your online assets and income sources. Depending on your work, these may include:

• Social media accounts: Instagram, TikTok, YouTube, and other profiles with established audiences or monetization.
• Intellectual property: Videos, photographs, written content, music, courses, and other original work you own.
• Business assets: Websites, domain names, online stores, subscriber lists, and creator-related businesses.
• Revenue streams: Advertising income, affiliate commissions, licensing fees, sponsorship payments, and royalties.
• Financial assets: Business bank accounts, investments, and cryptocurrency holdings.

Distinguish between content you own and content hosted on a platform that controls account access. An account’s financial value does not necessarily mean it can be transferred freely to a beneficiary.

Plan for Incapacity and Succession

An estate plan should address what happens if you cannot manage your business temporarily or permanently. A durable financial power of attorney can authorize someone to handle certain financial matters during your lifetime, subject to its terms and applicable law.

A revocable living trust may also help manage eligible assets during incapacity and provide instructions for distributing property after death. If you operate through a limited liability company (LLC), review its operating agreement to determine what happens to your ownership interest and who can manage the business if you are no longer able to do so.

Consider who should handle sponsorship obligations, outstanding payments, contracts, and ongoing content production. Your preferred successor may be a family member, business partner, or professional who understands your business.

Address Digital Access and Intellectual Property

California’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provides a legal framework for fiduciaries seeking access to certain digital assets. However, access depends on applicable law, your instructions, and the platform’s available procedures and terms.

Document your digital assets and provide secure instructions for locating necessary records. Never place passwords or private account credentials directly in a will, which may become part of the public probate record.

You should also clarify who may license, sell, archive, or continue distributing your content. Copyright ownership, existing licensing agreements, and platform rules can affect what your heirs or business successors are permitted to do.

Build an Estate Plan Around Your Creator Business

For influencers and content creators in the Bay Area, digital assets may represent a substantial part of an overall estate. Reviewing your estate plan alongside your business structure, contracts, and intellectual property arrangements can help reduce uncertainty for your family.

LPEP Law assists individuals and families with estate planning, trusts, and related matters. Schedule a consultation with LPEP Law to develop a plan that accounts for your digital assets, business interests, and wishes for the future of your work.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Michael Lonich

Specializing in Divorce and Estate Planning, I am San Jose Attorney, Michael E. Lonich; and I have been battling for client’s rights for nearly 40 years. When focusing on divorce, child custody, and related matters, I know all too well the emotional and financial toll divorce has on clients. Integrity, common sense, and a passion for what I do which guarantee the best possible results for my clients. Resolution of family law issues requires an attorney able to navigate the myriad legal and emotional issues presented in cases. Financial issues, child custody, domestic violence, valuation of property, analysis of RSUs, hidden assets, spousal and child support, all may require trial, mediation, or a collaborative effort with the parties. Regardless, each client gets the individualized attention they require. Every family law case is unique, we partner with you to develop a comprehensive approach to get the best results.