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August 8, 2023

In our increasingly digital world, it’s essential to consider what happens to our online presence and digital assets when we pass away. From social media accounts to cryptocurrency holdings, these digital assets hold both sentimental and financial value. Today, let’s explore what happens to digital assets when a person passes away in Florida and learn how to protect them for the future.

Understanding Digital Assets:

Digital assets encompass a wide range of items stored or accessed electronically, including:

  • Social Media Accounts: Facebook, Twitter, Instagram, LinkedIn, and other platforms
  • Online Financial Accounts: Banking, investment, and payment platforms
  • Digital Files: Photos, videos, music, documents, and other personal files
  • Cryptocurrency: Bitcoin, Ethereum, and other forms of digital currency
  • Email Accounts: Gmail, Outlook, Yahoo, and other email providers
  • Websites and Blogs: Personal or business websites and blogs
  • Digital Intellectual Property: E-books, music, artwork, and other creations

What Happens to Digital Assets in Florida:

  • State Laws and Service Provider Policies: Florida does not currently have specific laws governing the access and management of digital assets after death. Instead, Florida primarily relies on the terms of service agreements and policies established by individual service providers. These agreements often limit access to the account or require legal authorization for the release of information.
  • Privacy Concerns: Service providers prioritize user privacy, and without proper planning, loved ones may face significant obstacles in accessing digital assets after your death. In some cases, accounts may be closed or inaccessible, potentially resulting in a loss of valuable digital content and financial assets.

How to Protect Digital Assets:

  • Include Digital Assets in Your Estate Plan: Consider adding provisions for digital assets in your will or revocable living trust. Specify your wishes regarding the management, transfer, or deletion of digital accounts and assets. Appoint a trusted person to handle these assets according to your instructions.
  • Maintain an Updated Inventory: Create an inventory of your digital assets, including usernames, passwords, and any special instructions. Store this information securely and provide access instructions to your designated digital executor or trusted family member.
  • Check Terms of Service Agreements: Review the terms of service agreements for your digital accounts. Some platforms provide options for legacy contacts or allow you to designate someone to manage your account after your death. Familiarize yourself with these policies and take advantage of any available features.
  • Consider Digital Estate Planning Tools: Various digital estate planning tools and services are available to assist with the management and transfer of digital assets. These tools can securely store your account information and provide instructions for the management of your digital presence after your passing.
  • Consult with an Estate Planning Attorney: Seek guidance from an estate planning attorney experienced in digital asset planning. They can help you navigate the legal complexities, ensure your estate plan addresses digital assets appropriately, and provide solutions tailored to your specific situation.

Coral Springs Estate Planning | Broward Probate Lawyer

As our lives become increasingly intertwined with the digital world, it’s crucial to address the fate of our digital assets when we pass away. Without proper planning, loved ones may encounter challenges in accessing or managing these assets. By including digital assets in your estate plan, maintaining an inventory, and understanding service provider policies, you can protect these resources and ensure that your loved ones can access and preserve your digital assets according to your wishes. Call 954-999-9683 today to consult with our experienced attorney to preserve your digital legacy.