Attorney
Your Digital Footprint Is Now Part of Your Legacy
We live more and more of our lives online—and yet, many estate plans are still stuck in the analog world. Whether it’s cryptocurrency, cloud-stored family photos, a business YouTube channel, or just your email and social media accounts, these assets don’t automatically pass to your heirs.
At Staples Law, we help Florida families build estate plans that reflect the way we actually live today—including our digital lives.
What Are Digital Assets?
Digital assets include anything you own or control online. Some have direct monetary value, others are more personal—but all can create headaches if not addressed properly in your estate plan. Common examples:
- Financial: cryptocurrency, PayPal balances, Venmo, online bank accounts
- Personal: email accounts, photos/videos in iCloud or Google Drive
- Social & content: Facebook, Instagram, LinkedIn, YouTube, blogs, domain names
- Business: Shopify stores, influencer accounts, digital wallets, online tools
- Access credentials: password managers, two-factor authentication apps
If no one can access these accounts when you pass away, they may be lost forever—or fall into the wrong hands.
Florida Law & Digital Assets: What You Need to Know
Florida has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs who can access your digital property after death or incapacity. Under this law:
- Your clear written consent is required in your will, trust, or power of attorney for someone else to legally access your digital accounts.
- Online platform settings (like Google’s Inactive Account Manager or Facebook’s Legacy Contact) take priority over your legal documents.
- Terms of service—those long agreements no one reads—can limit access unless your estate plan explicitly says otherwise.
That’s why a Florida-compliant estate plan needs to directly address digital property—not just traditional assets like real estate and bank accounts.
Steps to Protect Your Digital Estate in 2025
1. Create a Digital Inventory
List all your digital accounts, logins, and platforms. Use a secure password manager (like 1Password or Bitwarden), and note any important crypto wallets, cloud storage, or business tools.
2. Choose a Digital Executor
Pick someone who is tech-savvy and trustworthy to handle your digital accounts. This person can be different from your main executor and should be named in your legal documents.
3. Grant Legal Authority
Work with a Florida attorney to include the proper language in your will, trust, and power of attorney. Simply giving someone a list of passwords is not enough—it must be backed by legal authorization.
4. Use Built-In Tools
Many platforms let you decide what happens to your account after death. Set up your preferences on:
- Google (Inactive Account Manager)
- Apple (Legacy Contact)
- Facebook (Legacy Contact)
- Instagram (Memorialization Settings)
5. Plan Ahead for Cryptocurrency
Crypto is especially tricky. If your heirs don’t have access to your private keys or seed phrases, those assets are gone forever. We recommend:
- Documenting wallet types and access
- Storing credentials securely (not in your will)
- Naming a trustee or executor familiar with digital finance
6. Review and Update Regularly
Technology changes fast. So does your life. Review your digital inventory every year—or anytime you create a new account, buy crypto, or launch an online venture.
Why It Matters in Florida
Florida is one of the top states for retirees and digital entrepreneurs alike. But most people we meet—especially those with adult children or digital assets—have no plan in place for online accounts.
If you become incapacitated or pass away without naming someone to manage these assets, your family could face:
- Lost funds from online accounts
- Locked-out crypto wallets
- Frozen social media pages
- Delays in probate caused by confusion or lack of access
At Staples Law, we make sure your plan includes what matters—even the things that don’t exist on paper.
Let’s Future-Proof Your Estate Plan
Whether you’re a tech-savvy investor or just someone with an iPhone and a few online accounts, digital estate planning matters more than ever.
If you’re ready to:
- Protect your cryptocurrency
- Ensure loved ones can access your photos, videos, and memories
- Make your wishes clear in a Florida-legal way
Staples Law, PLLC | Naples, Florida
(239) 330-1494