Digital estate continuity is a young discipline operating at the intersection of rapidly evolving technology, developing law, and emerging professional practice. Many of its most important questions remain open — contested among practitioners, unresolved in courts, underdetermined by statute, and insufficiently studied by researchers. This document presents the key questions that define the frontier of the field. It is intended to guide research, inform policy, and orient professional practice toward the areas of greatest uncertainty.
The following questions address how practitioners should address standards.
Q5.1 — What is the standard of care for estate attorneys regarding digital assets?
The professional standard of care in estate planning evolves with the complexity of client assets. Digital assets are now material to most estates. At what point does failure to discuss, inventory, and address digital assets in estate planning constitute a breach of the professional standard of care? How should bar associations and malpractice insurers respond?
Q5.2 — Should digital estate literacy be a mandatory component of estate attorney CLE?
Most state bars have broad CLE requirements but do not mandate specific subject matter beyond ethics. Digital estate literacy is a rapidly growing area of professional necessity. Should state bars require digital estate topics in CLE programs as a condition of maintaining estate planning practice?
Q5.3 — How should fiduciary liability be apportioned when platform refusal prevents digital estate administration?
An executor exercises reasonable diligence, follows all proper procedures, and is still unable to access digital assets because the platform refuses engagement. The estate suffers losses. Is the executor liable? Is the platform liable? This question is likely to be litigated as digital estate disputes increase in frequency.
Digital Estate Planning Institute 