Digital Asset Inventory - Wisconsin

DIGITAL ASSET INVENTORY

State of Wisconsin

Prepared Pursuant to Wis. Stat. Ch. 711 (Wisconsin Digital Property Act)

CONFIDENTIALITY WARNING: This document contains sensitive information regarding digital accounts and assets. Store this document in a secure location, such as a fireproof safe, safe deposit box, or encrypted digital vault. DO NOT include actual passwords, PINs, private keys, or seed phrases in this document. Instead, reference a separate secure credential storage method.

ARTICLE I -- OWNER INFORMATION

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Social Security Number (last 4 digits): XXX-XX-[____]

Primary Residence Address:
[________________________________]
[________________________________]
City: [________________________________] State: WI Zip: [____]

Primary Telephone: [________________________________]

Primary Email Address: [________________________________]

Date This Inventory Prepared: [__/__/____]

Date Last Updated: [__/__/____]

Wisconsin Marital Property Notice: Wisconsin is a marital property (community property) state under Wis. Stat. Ch. 766, based on the Uniform Marital Property Act. Property acquired during marriage is presumed to be marital property, and each spouse has an undivided one-half interest. Digital assets acquired during marriage using marital funds or through marital effort are presumptively marital property. Both spouses should be identified and should participate in this inventory if marital property digital assets are included.

Spouse (if applicable): [________________________________]

Wisconsin Terminology Note: Wisconsin uses the term "digital property" rather than "digital assets" in its statute. The Wisconsin Digital Property Act (Wis. Stat. Ch. 711) is based on the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) but uses Wisconsin-specific terminology throughout.

ARTICLE II -- DIGITAL PROPERTY DISCLOSURE CONTACTS

List the person appointed under your will, trust, power of attorney, or court order who may need this inventory. This list does not appoint a fiduciary or authorize management or disposition of property. Under Wis. Stat. § 711.04, a user may allow or prohibit disclosure to a fiduciary in a will, trust, governing instrument, power of attorney, or consent instrument; an online tool may name a designated recipient.

Section 2.1 -- Primary Contact

Section 2.2 -- Successor Contact

Section 2.3 -- Disclosure and Task Preferences

Record preferences for the governing instrument. These choices do not expand a fiduciary’s authority, which is limited by the scope of the fiduciary’s duties (Wis. Stat. § 711.12).

☐ Access the content of electronic communications (email, text, direct messages) per Wis. Stat. § 711.05
☐ Access other digital property (non-content) per Wis. Stat. § 711.05
☐ Access a catalogue of electronic communications only (sender/recipient, date, time)
☐ Manage, distribute, copy, or delete digital property
☐ Manage cryptocurrency wallets, exchanges, and blockchain-based assets
☐ Manage domain names, websites, and online businesses
☐ Terminate or memorialize social media accounts
☐ Continue or wind down online business operations
☐ Other: [________________________________]

Wisconsin Legal Note: Under Wis. Stat. § 711.04, user direction via an online tool provided by the custodian overrides a contrary direction in a will, trust, power of attorney, or other record, provided the online tool allows the user to modify or delete the direction at all times. For a deceased user, § 711.05(2) permits disclosure of communication content when the user consented or a court directs disclosure, subject to the statute's request requirements. A personal representative may also seek a catalogue and other non-content digital property under § 711.05(1).

ARTICLE III -- CREDENTIAL ACCESS INSTRUCTIONS

IMPORTANT: Do NOT list actual passwords, PINs, private keys, or seed phrases in this document. Instead, describe how the Fiduciary may locate and access those credentials.

Section 3.1 -- Password Manager

☐ I use a password manager to store my credentials.

Section 3.2 -- Physical Credential Storage

☐ I maintain written credentials in a physical location.

Section 3.3 -- Two-Factor Authentication (2FA) Backup

☐ I use two-factor authentication on one or more accounts.

Section 3.4 -- Encryption Keys

☐ I use encryption for files or devices.

ARTICLE IV -- EMAIL ACCOUNTS

Under Wis. Stat. § 711.05(1), the custodian's disclosure of a catalogue and other non-content digital property to a deceased user's personal representative depends on the required written request, certified death record, proof of representative authority, and any additional account evidence the custodian requests. It also depends on the estate having a right or interest in the property, the user's disclosure directions, and any court order. For content of electronic communications, § 711.05(2) permits disclosure if the deceased user consented or a court directs it; the personal representative must also provide the request materials specified there.

Disposition Instructions for Email Accounts:
[________________________________]
[________________________________]

ARTICLE V -- SOCIAL MEDIA ACCOUNTS

Online Tool Designations Made:
☐ Facebook Legacy Contact designated: [________________________________]
☐ Google Inactive Account Manager configured: ☐ Yes ☐ No
☐ Apple Legacy Contact designated: [________________________________]
☐ Other platform tools configured: [________________________________]

Special Social Media Instructions:
[________________________________]
[________________________________]

ARTICLE VI -- FINANCIAL ACCOUNTS AND DIGITAL BANKING

Wisconsin Marital Property -- Financial Accounts: Under Wis. Stat. § 766.31, all property of spouses is presumed to be marital property. The burden of proving that property is individual property is on the spouse making the claim. Digital financial accounts funded during marriage are presumptively marital property.

ARTICLE VII -- CRYPTOCURRENCY AND BLOCKCHAIN ASSETS

Seed Phrase / Private Key Access:

CRITICAL: Loss of private keys or seed phrases may result in permanent, irrecoverable loss of cryptocurrency assets. Ensure the Fiduciary can access these credentials.

ARTICLE VIII -- DOMAIN NAMES, WEBSITES, AND ONLINE BUSINESSES

Online Business Accounts (e-commerce, advertising, affiliate):

ARTICLE IX -- CLOUD STORAGE AND DIGITAL FILES

ARTICLE X -- SUBSCRIPTIONS, MEMBERSHIPS, AND RECURRING SERVICES

Loyalty and Rewards Programs:

ARTICLE XI -- DEVICES

Device Access Notes:
[________________________________]
[________________________________]

ARTICLE XII -- LEGAL AUTHORITY AND WISCONSIN-SPECIFIC PROVISIONS

Section 12.1 -- Governing Law

This Digital Asset Inventory is prepared pursuant to and governed by the Wisconsin Digital Property Act, Wis. Stat. Chapter 711, enacted as 2015 Wisconsin Act 300, signed by Governor Scott Walker on March 30, 2016, and effective April 1, 2016.

Section 12.2 -- Wisconsin Terminology: "Digital Property"

Wisconsin's statute uses the term "digital property" rather than "digital assets." Under Wis. Stat. § 711.03, key definitions include:

• "Account" means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a user's digital property or provides goods or services to the user.
• "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.
• "Digital property" means an electronic record in which a person has a right or interest; it excludes underlying property or an underlying liability unless that property or liability is itself an electronic record.
• "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.

Section 12.3 -- Priority of User Directions (Wis. Stat. § 711.04)

Under Wisconsin law, the priority of directions regarding digital property disclosure is:

1. Online Tool Direction -- A direction by the user through an online tool provided by the custodian takes highest priority, provided the tool allows the user to modify or delete the direction at all times.
2. Estate Planning Document Direction -- A direction in the user's will, trust, power of attorney, or other record.
3. No User Direction -- Wisconsin's disclosure rules still govern a fiduciary's request. A terms of service agreement may modify or eliminate fiduciary access when the user has not given a direction under § 711.04; it does not by itself grant access beyond the user's rights (§ 711.11(2)-(3)).

Section 12.4 -- Fiduciary Authority Under Wisconsin Law

• Personal Representative (Wis. Stat. § 711.05): For a catalogue and digital property other than communication content, provide a written request, certified death record, and one of the authority documents listed in § 711.05(1)(c). Supply additional account evidence if the custodian requests it. Disclosure remains subject to the user's directions, the estate's right or interest, and court orders. Communication content requires the deceased user's consent or a court direction, together with the separate request materials in § 711.05(2).
• Agent Under Power of Attorney (Wis. Stat. § 711.06): Disclosure depends on the authority granted in the power of attorney and the statute’s separate rules for communication content and other digital property.
• Trustee (Wis. Stat. § 711.07): Access depends on whether the trustee is the original user and the terms of the trust.
• Guardian (Wis. Stat. § 711.08): The court may grant access to a protected person's digital property after an opportunity for a hearing under § 54.10. A guardian seeking disclosure from a custodian must provide the required court documentation. Guardian must file a report with the court under Wis. Stat. Ch. 54.

Section 12.5 -- Wisconsin Marital Property and Digital Property

Under Wisconsin's Marital Property Act (Wis. Stat. Ch. 766):

• Presumption of Marital Property: Under Wis. Stat. § 766.31, all property of spouses is presumed marital property.
• Individual Property: Property owned at the determination date may be individual property under Wis. Stat. § 766.31(6), depending on when the spouses married. Property a spouse acquires afterward by a gift or disposition at death from a third person to that spouse alone is individual property under § 766.31(7)(a).
• Mixing of Property: If individual property is commingled with marital property, tracing rules under Wis. Stat. § 766.63 apply.
• Management and Control: Under Wis. Stat. § 766.51, each spouse acting alone may manage and control marital property held in that spouse's name.
• Marital Property Agreement (Wis. Stat. § 766.58): Spouses may enter into a marital property agreement that reclassifies property, which may affect digital property disposition.
• Deferred Marital Property Election (Wis. Stat. § 861.02): An eligible surviving spouse may elect up to 50% of the augmented deferred marital property estate. Account for digital property here if it falls within that statutory estate; the election is not an automatic share of all marital property.

Section 12.6 -- Custodian Disclosure Choices and Compliance (Wis. Stat. §§ 711.09, 711.10)

Under Wisconsin law:

• Under § 711.09(2), a custodian may charge a fiduciary or designated recipient a reasonable administrative fee for disclosing digital property.
• Under § 711.10(1), a custodian must comply within 60 days after receiving the required information.
• Under § 711.09(1), a custodian may grant full access, partial access, or provide copies at the custodian's discretion.
• Under § 711.09(3), a custodian is not required to disclose digital property deleted by the user.
• Under § 711.09(4), a custodian may decline a partial disclosure that would impose an undue segregation burden; the custodian or fiduciary may seek a court order addressing its scope.

Section 12.7 -- Wisconsin Probate Procedures

• Formal Administration (Wis. Stat. Ch. 856-879): Standard probate process with court oversight.
• Summary Settlement (Wis. Stat. § 867.01): The court may settle without appointing a personal representative under the section's expense-and-claim test, or when the estate less secured debts does not exceed $50,000 and the decedent leaves a spouse, domestic partner, or minor child.
• Summary Assignment (Wis. Stat. § 867.02): If the estate less secured debts does not exceed $50,000 and cannot be settled under § 867.01, the court may use summary assignment subject to creditors' claims.
• Transfer by Affidavit (Wis. Stat. § 867.03): For small estates, an affidavit may be used to transfer property without formal probate.
• Circuit Court Jurisdiction: Probate matters in Wisconsin are heard in the Circuit Court for the county of the decedent's domicile.

ARTICLE XIII -- SPECIAL INSTRUCTIONS

[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE XIV -- SIGNATURE AND ACKNOWLEDGMENT

I, the undersigned, declare that the information contained in this Digital Asset Inventory is true and correct to the best of my knowledge as of the date signed below. I understand that this document should be updated regularly and that it supplements but does not replace my will, trust, or power of attorney.

Owner Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Spouse Signature (if marital property assets included): ________________________________________

Spouse Printed Name: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT (Optional but Recommended)

STATE OF WISCONSIN
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XV -- UPDATE LOG

Best Practice: Review and update this inventory at least annually, or whenever you create, modify, or close a significant digital account or acquire new digital property.

SOURCES AND REFERENCES

• Wisconsin Statutes, Chapter 711 -- Digital Property: https://docs.legis.wisconsin.gov/statutes/statutes/711
• Wis. Stat. § 711.03 (Definitions): https://docs.legis.wisconsin.gov/document/statutes/711.03
• Wis. Stat. § 711.05 (Disclosure -- Personal Representative): https://docs.legis.wisconsin.gov/document/statutes/711.05
• Wis. Stat. § 711.12 (Fiduciary Duty and Authority): https://docs.legis.wisconsin.gov/document/statutes/711.12
• Wisconsin Chapter 766 -- Marital Property: https://docs.legis.wisconsin.gov/statutes/statutes/766
• 2015 Wisconsin Act 300 (Enacting Legislation): https://docs.legis.wisconsin.gov/2015/related/acts/300
• Uniform Law Commission -- RUFADAA: https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
• State Bar of Wisconsin -- Estate Planning Resources: https://www.wisbar.org