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Browse All > CLE Seminars

Wisconsin's Digital Property Act: Recent Developments & Emerging Issues 2024

Product ID: CA3749W
Presented By: State Bar of Wisconsin PINNACLE

Decrypting digital property

Nearly everyone uses digital property, whether they realize it or not. Because email, social media, online banking, shopping accounts, and other digital aspects of a person’s life are considered personal property, the internet and our wireless devices have changed how estate planning is done. That’s why the Wisconsin Digital Property Act of 2016 (WDPA) allowed individuals to grant their fiduciaries, such as personal representatives, trustees, or agents under powers of attorney, access to their digital property. While largely maintaining the WDPA’s provisions, the 2024 Wisconsin Trailer Code Bill updates the classification of digital property for marital property in estate planning. 

To understand what’s changed, join two members of the original Wisconsin Digital Property Committee—Kenneth P. Barczak and Benjamin P. Brunette—for Wisconsin’s Digital Property Act: Recent Developments and Emerging Issues. You’ll explore:

  • Digital property rights under the WDPA
  • How the 2024 Trust Code Trailer Bill affects marital property in estate planning
  • Drafting estate planning documents to address digital property
  • Key considerations for valuation and transfer taxes
  • Nonprobate methods including online tools and consent instruments
  • Emerging types of economically valuable digital assets
Read More ↓

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Pricing

Member $119.00

Non-Member $169.00

Credits

1.5 CLE

Date and Time

Tuesday, December 17, 202412:00 PM - 1:15 PM CT

Add to Calendar 12/17/2024 12:00:00 PM 12/17/2024 1:15:00 PM America/Chicago Wisconsin's Digital Property Act: Recent Developments & Emerging Issues 2024

Decrypting digital property

Nearly everyone uses digital property, whether they realize it or not. Because email, social media, online banking, shopping accounts, and other digital aspects of a person’s life are considered personal property, the internet and our wireless devices have changed how estate planning is done. That’s why the Wisconsin Digital Property Act of 2016 (WDPA) allowed individuals to grant their fiduciaries, such as personal representatives, trustees, or agents under powers of attorney, access to their digital property. While largely maintaining the WDPA’s provisions, the 2024 Wisconsin Trailer Code Bill updates the classification of digital property for marital property in estate planning. 

To understand what’s changed, join two members of the original Wisconsin Digital Property Committee—Kenneth P. Barczak and Benjamin P. Brunette—for Wisconsin’s Digital Property Act: Recent Developments and Emerging Issues. You’ll explore:

  • Digital property rights under the WDPA
  • How the 2024 Trust Code Trailer Bill affects marital property in estate planning
  • Drafting estate planning documents to address digital property
  • Key considerations for valuation and transfer taxes
  • Nonprobate methods including online tools and consent instruments
  • Emerging types of economically valuable digital assets
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Decrypting digital property

Nearly everyone uses digital property, whether they realize it or not. Because email, social media, online banking, shopping accounts, and other digital aspects of a person’s life are considered personal property, the internet and our wireless devices have changed how estate planning is done. That’s why the Wisconsin Digital Property Act of 2016 (WDPA) allowed individuals to grant their fiduciaries, such as personal representatives, trustees, or agents under powers of attorney, access to their digital property. While largely maintaining the WDPA’s provisions, the 2024 Wisconsin Trailer Code Bill updates the classification of digital property for marital property in estate planning. 

To understand what’s changed, join two members of the original Wisconsin Digital Property Committee—Kenneth P. Barczak and Benjamin P. Brunette—for Wisconsin’s Digital Property Act: Recent Developments and Emerging Issues. You’ll explore:

  • Digital property rights under the WDPA
  • How the 2024 Trust Code Trailer Bill affects marital property in estate planning
  • Drafting estate planning documents to address digital property
  • Key considerations for valuation and transfer taxes
  • Nonprobate methods including online tools and consent instruments
  • Emerging types of economically valuable digital assets
Read More ↓

Kenneth P. Barczak, CPA, JD, provides services regarding trusts and estates and individual and business taxation, including tax planning, preparation, and audits. His practice has been based in Waukesha County, Wisconsin for over 30 years. Ken is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and an ACTEC Digital Property Committee member. He is listed in Best Lawyers in America and named to the list of Wisconsin Super Lawyers. He is a member of the Waukesha and Milwaukee Bar Associations, as well as the St. Thomas More Lawyers Society. Ken is also an ex-officio board member and former chair of the State Bar's Real Property, Probate, and Trust section (RPPT) and former chair of the Digital Property Committee under that section. Ken was an observer at the Uniform Law Commission hearings leading up to the passage of the RUFADAA statute. He also was the chair of an RPPT subcommittee tasked with the enactment of section 711.

Benjamin P. Brunette is a founding member of Selinger & Brunette, LLC in Madison, where he practices in the areas of trusts and estates and business/succession planning. He works with individuals and fiduciaries throughout the estate planning and administration process and assists business owners with operational business matters, including developing succession and exit planning strategies. Ben speaks frequently on developing business and estate planning law issues, is the chair of the State Bar RPPT Subcommittee for Digital Property, and is a former co-chair of the American Bar Association’s Digital Property Committee. Ben received his undergraduate degree from Marquette University and his law degree from the University of Michigan.

This program originally presented December 2, 2024.

  • Review the WDPA and updates made by the Wisconsin Trust Code Trailer Bill  
  • Learn how updates to the WDPA impact marital property in estate planning
  • Help clients understand what constitutes digital property 
  • Determine how to address digital property in estate planning documents
  • Discover nonprobate strategies for access to digital property
  • Estate planning lawyers
  • Business lawyers
  • Tax attorneys
  • Family lawyers
  • Fiduciaries
  • Paralegals

Kenneth P. Barczak, CPA, JD, provides services regarding trusts and estates and individual and business taxation, including tax planning, preparation, and audits. His practice has been based in Waukesha County, Wisconsin for over 30 years. Ken is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and an ACTEC Digital Property Committee member. He is listed in Best Lawyers in America and named to the list of Wisconsin Super Lawyers. He is a member of the Waukesha and Milwaukee Bar Associations, as well as the St. Thomas More Lawyers Society. Ken is also an ex-officio board member and former chair of the State Bar's Real Property, Probate, and Trust section (RPPT) and former chair of the Digital Property Committee under that section. Ken was an observer at the Uniform Law Commission hearings leading up to the passage of the RUFADAA statute. He also was the chair of an RPPT subcommittee tasked with the enactment of section 711.

Benjamin P. Brunette is a founding member of Selinger & Brunette, LLC in Madison, where he practices in the areas of trusts and estates and business/succession planning. He works with individuals and fiduciaries throughout the estate planning and administration process and assists business owners with operational business matters, including developing succession and exit planning strategies. Ben speaks frequently on developing business and estate planning law issues, is the chair of the State Bar RPPT Subcommittee for Digital Property, and is a former co-chair of the American Bar Association’s Digital Property Committee. Ben received his undergraduate degree from Marquette University and his law degree from the University of Michigan.

This program originally presented December 2, 2024.

  • Review the WDPA and updates made by the Wisconsin Trust Code Trailer Bill  
  • Learn how updates to the WDPA impact marital property in estate planning
  • Help clients understand what constitutes digital property 
  • Determine how to address digital property in estate planning documents
  • Discover nonprobate strategies for access to digital property
  • Estate planning lawyers
  • Business lawyers
  • Tax attorneys
  • Family lawyers
  • Fiduciaries
  • Paralegals
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