As AI enables digital recreations of deceased individuals, estate plans in 2026 now need to address not just digital assets but the “digital self” — whether private data can be used in a digital afterlife the person never authorized. New York has already moved: Senate Bill S8391 now requires prior consent from a deceased performer’s heirs before using their digital replica in audiovisual works or live performances.
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https://www.elderlawanswers.com/ai-and-the-digital-afterlife-a-2026-estate-planning-primer-21516
Digital Estate Planning Institute 