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 -- DESIGNATED FIDUCIARY FOR DIGITAL PROPERTY

Pursuant to Wis. Stat. § 711.045, the Owner designates the following individual(s) as Fiduciary(ies) authorized to access, manage, and dispose of the Owner's digital property upon incapacity or death.

Section 2.1 -- Primary Designated Fiduciary

Section 2.2 -- Successor Designated Fiduciary

Section 2.3 -- Scope of Fiduciary Authority

Pursuant to Wis. Stat. § 711.12, the designated Fiduciary shall have the following authority (check all that apply):

☐ 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. § 711.045, 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. The Wisconsin Digital Property Act requires the user to affirmatively consent for fiduciaries to receive the broadest access to digital property. Without affirmative consent, the fiduciary is limited to accessing a catalogue of electronic communications.

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

Pursuant to Wis. Stat. § 711.05(1), unless a user prohibited disclosure of digital property or the court directs otherwise, a custodian shall disclose to the personal representative of the deceased user's estate a catalogue of electronic communications and digital property (other than the content of electronic communications) in which the deceased user's estate has a right or interest. For content of electronic communications, affirmative consent from the user is required.

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 a record that is created, generated, sent, communicated, received, or stored by electronic means (equivalent to RUFADAA's "digital asset").
• "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.

Section 12.3 -- Priority of User Directions (Wis. Stat. § 711.045)

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. Terms of Service Agreement -- The custodian's terms of service agreement controls if no user direction exists.

Section 12.4 -- Fiduciary Authority Under Wisconsin Law

• Personal Representative (Wis. Stat. § 711.05): Unless the user prohibited disclosure, the custodian shall disclose to the personal representative a catalogue of electronic communications and digital property (other than content) in which the estate has an interest. For content of electronic communications, the user must have affirmatively consented to disclosure.
• Agent Under Power of Attorney (Wis. Stat. § 711.07): May request disclosure if the power of attorney specifically grants authority over digital property under the Uniform Power of Attorney for Finances and Property (Wis. Stat. Ch. 244).
• Trustee (Wis. Stat. § 711.09): Access depends on whether the trustee is the original user and the terms of the trust.
• Guardian (Wis. Stat. § 711.11): May request disclosure upon providing 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 acquired before marriage, by gift, or by inheritance remains individual property under Wis. Stat. § 766.31(7).
• 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.
• Augmented Marital Property Estate (Wis. Stat. § 861.02): The surviving spouse is entitled to elect the deferred marital property elective share, which may include digital property with monetary value.

Section 12.6 -- Custodian Compliance (Wis. Stat. § 711.05)

Under Wisconsin law:

• A custodian may charge a reasonable administrative fee for compliance.
• Not later than 60 days after receipt of required documentation, a custodian shall comply.
• A custodian may grant full access, partial access, or provide copies at the custodian's discretion.
• A custodian is not required to disclose digital property deleted by the user.
• A custodian may request a court order if the custodian believes disclosure imposes an undue burden.

Section 12.7 -- Wisconsin Probate Procedures

• Formal Administration (Wis. Stat. Ch. 856-879): Standard probate process with court oversight.
• Summary Assignment (Wis. Stat. § 867.01): For estates valued at $50,000 or less, summary procedures may simplify digital property access.
• 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://law.justia.com/codes/wisconsin/chapter-711/section-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