Beyond the Will: 5 Critical Assets Most People Forget to Plan For

When most Americans think of estate planning, they visualize tangible property: the family home, a retirement nest egg, or a vintage car. However, as we move through 2025, the definition of an "asset" has shifted significantly. Modern estates are now composed of hundreds of "invisible" accounts and contracts that traditional wills often ignore.

According to a 2024 survey by Bryn Mawr Trust, Americans now value their digital assets at an average of $191,516. Despite this high valuation, there is a massive gap in preparation. Data from Caring.com shows that 67% of Americans still lack even a basic estate plan, and among those who do have one, digital assets are rarely inventoried.

This article identifies the five most commonly overlooked assets in modern estate planning and provides a roadmap for securing them.

1. Loyalty Points and Frequent Flyer Miles

One of the most valuable yet frequently forfeited assets is the accumulated balance in loyalty programs. Whether it is airline miles, hotel points, or credit card rewards, these assets can represent thousands of dollars in travel value.

The legal reality in the United States is that most loyalty programs explicitly state in their terms and conditions that points are not the "property" of the member. Instead, they are considered a "licensed privilege" that expires upon death.

• Delta SkyMiles: Delta’s policy states that miles are non-transferable and are forfeited upon the death of the member.
• Southwest Airlines: Points are deactivated and forfeited upon death and cannot be transferred to an estate or as part of a settlement.
• American Airlines: While their policy is strict, they may allow a transfer to a beneficiary’s account if the executor provides a death certificate and pays a specific transfer fee.

The Solution: Do not wait for probate. Some programs, like Alaska Airlines and JetBlue, allow for "points pooling" or more flexible survivor benefits. Inventory these accounts and provide your digital executor with the credentials to use or transfer them before the account is flagged as inactive.

2. Subscription Drains and "Zombie" Bills

A "Zombie Bill" is a recurring automatic payment that continues to withdraw funds from a deceased person’s bank account or credit card because the service was never notified of the death. In 2025, the average US consumer has over 12 active subscriptions, ranging from streaming services to specialized software.

Failure to cancel these can deplete an estate’s cash reserves during the months it takes for probate to open. Common "hidden" subscriptions include:

• Professional Software: Adobe Creative Cloud, Microsoft 365, or specialized CRM tools.
• Cloud Storage: Google One, iCloud, and Dropbox. If the payment fails, the data (including family photos) may be deleted after a grace period.
• Niche Memberships: Patreon tiers, Substack subscriptions, and gym memberships.

The Solution: Use your bank statements to create a "Subscription Audit." Ensure your digital legacy plan includes a list of these recurring charges so your executor can stop the financial drain immediately.

3. Digital Intellectual Property and Domain Names

If you own a blog, a YouTube channel, or a registered domain name, you own Intellectual Property (IP). For many, these are not just hobbies; they are income-generating assets.

• Domain Names: A domain is a contract with a registrar. If the annual renewal fee is not paid because the account was forgotten, the domain expires and can be purchased by "domain squatters." This can destroy a family business or a personal brand overnight.
• Creative Content: Raw video files, unpublished manuscripts, and digital art stored in the cloud are often protected by copyright. However, without a clear transfer of "Digital IP" in your Will, your heirs may lack the legal standing to monetize or protect these works.

4. The "Catalogue vs. Content" Gap in Email

Under the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which is active in 47 US states as of 2025, there is a major legal hurdle regarding email.

The law distinguishes between the "Catalogue" (a list of who you emailed) and the "Content" (the actual words in the email). By default, an executor only has the right to see the Catalogue. They are legally barred from reading the Content unless your Will explicitly grants them that specific power.

Why does this matter? Email is the master key to the rest of your estate. It is where password resets are sent and where tax documents are delivered. If your executor is locked out of the "Content," the entire probate process can ground to a halt.

5. Private Keys and Cold Storage

Cryptocurrency and NFTs are the most high-risk assets in modern estate planning. Unlike a bank account, there is no "Forgot Password" button for a hardware wallet or a decentralized private key.

Estimates suggest that roughly 20% of all Bitcoin in existence is already "lost" due to forgotten keys. In the US, the GENIUS Act of 2025 helped clarify the tax and payment status of stablecoins, but it did nothing to solve the technical problem of access. If your 12-word seed phrase is not part of your legacy plan, the asset is effectively erased from the economy.

Solving the "Access Gap" with Fallbacks

Traditional estate planning tools like Wills and Trusts are excellent for establishing legal rights, but they are poor at providing technical access. A court order can take six months to process, but a domain name or a cloud storage account can expire in 30 days.

This is why the Fallbacks Account Vault has become an essential component of modern asset protection.

• Comprehensive Inventory: Fallbacks allows you to list every loyalty program, subscription, and domain name in one secure location.
• Automated Legacy Triggers: With Fallbacks, your most sensitive data and account access are automatically transferred to your beneficiaries when you are no longer here, ensuring they never have to fight through corporate legal departments.
• Privacy-First Custom Information: You can store custom instructions for niche assets—such as how to manage a specific online storefront or where a physical crypto key is hidden—that you may not want to be written in a public Will.

Estate Planning in the Digital Age

Estate planning is no longer a "one-and-done" paper exercise. It is a continuous process of managing a digital and physical footprint. By identifying overlooked assets like loyalty points, subscription drains, and email content rights, you protect your family from unnecessary stress and financial loss.