Why a USB Drive Isn’t a Will (and What You Should Do Instead)

In a recent interview, video game creator Hideo Kojima shared that he left a USB stick for his team, filled with creative ideas he hopes they’ll explore after he’s gone. While this shows remarkable foresight and trust, it also highlights a common misunderstanding: that a USB drive or personal note can stand in for a legal will.

In New York—and in most states—that approach leaves your legacy vulnerable to confusion, legal challenges, and unfulfilled wishes.

Intentions Aren’t the Same as Instructions

What Happens If You Die Without a Legal Will?

In New York, when someone dies without a valid will, their estate is distributed under intestacy laws. That means the state—not you—decides who receives your assets.

The law follows a strict order: spouse, children, parents, siblings, and so on. It doesn’t make exceptions for long-term partners, close friends, or stepchildren unless they’re legally adopted. This structure often leaves out the very people you might have intended to care for.

To see how this plays out in real life, visit our guide: What Happens If You Die Without a Will in New York?

What Does a Valid Will Require in New York?

For your will to be honored in New York, it must meet specific legal requirements:

• Be in writing

• Be signed by you (the testator)

• Be witnessed by at least two people who aren’t beneficiaries

A digital file saved on a USB, a notes app entry, or an email—even with the best intentions—won’t meet these standards. Courts need formal documents to ensure your wishes are followed.

3 Things a Will in New York Must Include

• Named beneficiaries – Who should inherit your assets

• An executor – The person you trust to carry out your wishes

• Clear instructions – On how you want your estate divided

These components provide clarity and legal validity that informal notes or digital messages simply cannot.

The Risks of Informal Planning

Emotional Strain and Family Conflict

Without clear legal instructions, families are left to interpret your wishes—often while grieving. This uncertainty can cause unnecessary stress, arguments, and even drawn-out court proceedings.

Unfinished Projects and Missed Opportunities

For creatives, business owners, or anyone with intellectual property, informal planning can mean your work is forgotten, mishandled, or never shared. Without clear direction, your ideas may never reach the people who would treasure or build upon them.

No Protection from Taxes or Legal Fees

An informal plan skips key tools like trusts that reduce taxes, simplify estate management, and give you more control over how and when your assets are used. Without these, your loved ones may face avoidable costs and complications.

What You Should Do Instead

Begin with a Valid Will

Start by creating a Last Will and Testament that reflects your priorities. A will names beneficiaries, designates guardians for minor children, and ensures your legacy is protected.

Consider a Living Trust

A living trust offers added privacy, flexibility, and control. It helps avoid probate, keeps assets accessible, and is especially useful for families with complex needs or valuable creative work.

Plan for Digital Assets and Creative Work

If your legacy includes art, writing, or intellectual property:

• Name someone to manage those assets

• Give clear instructions for licensing, publishing, or distribution

• Store passwords and access info securely—but not just on a USB

Prepare for Life as Well

Estate planning isn’t just about what happens after you're gone. Include:

• A Power of Attorney for financial matters

• A Healthcare Proxy for medical decisions

These ensure your wishes are respected if you’re unable to advocate for yourself.

Honoring Your Vision with the Right Tools

Leaving behind a USB drive might seem thoughtful—but it won’t carry legal weight. A proper estate plan transforms your intentions into protected, enforceable decisions.

Whether you're an artist, entrepreneur, or simply someone who wants to reduce stress for your loved ones, creating a clear plan is one of the most powerful ways to show you care.

Contact The Palermo Firm

If you have ideas, assets, or people you care about, don’t leave their future to chance. The Palermo Firm helps clients across New York build thoughtful, legally sound estate plans that honor their values.

Call 516-262-4040, email contact@thepalermofirm.com, or visit our contact form. With offices in Plainview and Commack, we’re here to make estate planning accessible, compassionate, and effective.

Let’s make sure your ideas live on—and thrive.