ESTATE PLANNING FOR YOUR DIGITAL ASSETS IN FLORIDA, HOW DO I PROTECT MY LEGACY AND MY LOVED ONES?

July 21, 2025
Digital asset management interface with various icons.
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We live online more than ever—yet most estate plans overlook the mountain of digital assets we create and own. From social media accounts and email to crypto wallets and family photo libraries, your digital life holds financial, sentimental, and legal value. If you don’t plan for these to be preserved, your loved ones could face years of frustration—or worse, permanent loss of treasured memories or even real money.

WHAT ARE DIGITAL ASSETS?

In Florida, digital assets include:

  • Online financial accounts (PayPal, Venmo, investment platforms)
  • Cryptocurrency wallets and NFTs
  • Social media profiles (Instagram, Facebook, LinkedIn)
  • Email accounts
  • Cloud storage (Google Drive, iCloud, Dropbox)
  • Online businesses, websites, and domain names
  • Subscription services (Netflix, Spotify, etc.)

Each of these has distinct access and privacy challenges when someone passes away or becomes incapacitated.

WHY DOES PLANNING FOR DIGITAL ASSETS MATTER IN FLORIDA?

Florida law does not automatically grant spouses, executors, or family members the right to access your digital accounts. Without planning, your heirs could face:

  • Privacy law barriers under federal laws like the Stored Communications Act
  • Loss of valuable data, crypto, or family memories
  • Increased risk of identity theft and hacking on dormant accounts
  • Frozen online businesses and monetized content channel

WHAT IS FLORIDA’S RUFADAA? IS THERE A FLORIDA STATUTE THAT PROTECTS FLORIDA DIGITAL ASSETS?

Florida Statute Chapter 740 has been recently added to our laws and specifically addresses all things digital assets. Florida also adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2016, which is codified in Florida Statutes Chapter 740. This law governs how fiduciaries (like executors, trustees, or agents under a power of attorney) can access a deceased or incapacitated person’s digital assets.

Key points of Florida’s RUFADAA:

  • You can designate in legal documents (Will, Trust, POA) who has authority to access and manage your digital assets.
  • Without express written consent, providers like Google or Apple are not required to grant access to your accounts.
  • Many platforms offer online tools (like Google’s Inactive Account Manager or Facebook’s Legacy Contact), which take precedence over instructions in a Will or Trust.

HOW CAN I PROTECT MY LOVED ONES AND MY DIGITAL ASSETS?

  1. Create a Comprehensive Inventory- Document all accounts, usernames, passwords, and keys. Use a secure password manager to store this information. 
  2. Authorize Access Legally:
  • Include specific digital asset provisions in your Will, Trust, and Power of Attorney.
  • Designate a Digital Executor in your Will.
  • Write a Letter of Instruction with detailed steps and preferences for your digital accounts.
  • Utilize Online Tools
    Enable legacy settings or designate account managers where available—this can simplify access later.
  • Keep It Updated
    Digital footprints evolve constantly—review and update your digital asset inventory and instructions yearly.

WHAT HAPPENS IF I DO NOT PLAN FOR MY DIGITAL ASSETS?

Without planning, your digital life becomes a locked vault no one can access. With the right tools and legal documents, you can safeguard your digital legacy and ease the burden on your loved ones.

Ready to protect your online legacy? Contact me today to create or update your Florida estate plan—including digital assets—so everything you’ve built, both online and off, is secure for the next generation.

WHY SHOULD I USE ALLY M. GLASER, PA TO HANDLE MY WILLS AND TRUSTS, ESTATE PLANNING, AND PROBATE MATTERS?

I sell peace of mind and protect my clients and their loved ones with my holistic approach to estate planning. I am authentic, knowledgeable, and caring. As an Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach, Florida with over twenty-eight years of experience and both a Psychology and Law degree, I handle these matters with knowledge and sensitivity. I am familiar and comfortable with both the Miami-Dade probate court system and Broward County probate court and I know how to get things done. I handle both estate planning and probate cases, thus, I am familiar with the challenges of each and provide my clients with additional protections. Call or email me today to discuss your matters.  I am happy to help you and your loved ones during this important process.