Digital Asset Protection in Florida: Frequently Asked Questions
Not automatically. Without explicit legal permission in your will or trust, digital providers may deny access due to privacy laws. Florida’s Digital Assets Act allows you to authorize a representative but only if your estate plan includes the correct language.
Your family could lose access to online funds, treasured memories, or business data. Accounts may be locked indefinitely, and unauthorized access could violate provider terms or trigger legal issues. Proper planning avoids these problems.
Digital assets include anything stored or managed electronically, such as email accounts, cloud storage, cryptocurrency, online bank accounts, websites, social media profiles, and digital photos or documents. These assets often hold financial or sentimental value and should be addressed in your estate plan.
Attorney Buchert creates estate plans that cover both traditional and digital assets. He’ll help you document accounts, assign access, and include the legal tools needed to comply with Florida law ensuring your digital life is fully protected.
A digital executor is a person appointed to manage your digital assets after death. This role ensures accounts are secured, important data is transferred, and sensitive info is deleted. Appointing one is highly recommended in Florida, and it must be stated in your estate documents.
Store account credentials, access instructions, and encryption keys in a secure location like a password manager, encrypted flash drive, or a physical document kept in a safe. Make sure your appointed digital executor knows how to access it. Never include sensitive login details directly in your will or trust, as those documents may become public.
Protecting Digital Assets in Estate Planning
Many of today’s most important assets are digital – from cryptocurrency and online banking to cloud files and social media accounts. Without clear instructions, your digital property could be lost, locked, or inaccessible to your loved ones. Attorney Brian P. Buchert helps Tampa families protect every part of their legacy, including digital assets.
What Counts as a Digital Asset?
- Email and cloud storage accounts (Gmail, iCloud, Dropbox)
- Online banking, PayPal, and investment platforms
- Cryptocurrency wallets and exchanges
- Digital photos, videos, and documents
- Social media profiles and digital memberships
- Websites, blogs, and domain names
Florida Law on Digital Assets
Under Florida’s Digital Assets Act, your estate plan must give express permission for someone to manage your digital property. Without proper legal language, providers may refuse access – even to family members.
- Include digital asset clauses in your will or trust
- Appoint a digital executor or trustee with proper authority
- Store account info and instructions securely but accessibly
Why This Matters for Your Family
- Protect sentimental items like photos and videos
- Avoid losing access to cryptocurrency or online funds
- Prevent identity theft and digital account misuse
- Ensure business continuity if you run an online business
Start Planning Today
We’ll help you take inventory of your digital life and create a plan that makes it easy for the right people to take over when the time comes.
Attorney Brian P. Buchert provides tailored estate planning with digital protections included. Let’s make sure your legacy stays safe – online and off.