DIGITAL ASSET Estate Planning LAWYER IN FLORIDA
Why is Florida Estate Planning Important?
Estate planning is a tool to protect your assets to be distributed according to your wishes after your passing or incapacitation. Not having devised assets, instructions, and other important decisions in writing can leave your family in distress, conflict, and in a state of confusion.
With the development of technology -- people oftentimes search for sample estate plan templates or free estate planning options. While you may be seeking inexpensive estate plan, it is important to consider that having a lawyer write a will can prevent future expenses that may not only affect your assets, but also cause significant financial strain for your loved ones.
To avoid further stress during an already difficult time, consider having an estate planning package prepared for your Florida asset protection and for the mental peace of your loved ones. Here, at The Law Offices of Carolina Nunez, P.A. -- our Orlando estate planning attorney, Carolina Nunez, Esq. is able to help guide you. Our law firm is transparent about costs.
For More Information Regarding Florida
Estate Planning Documents:
CRYPTOCURRENCIES | NFTs | OTHER DIGITAL ASSETS
Why Estate Planning Should Include Digital Assets in Florida
Technological evolution is reshaping the legal landscape. Estate planning in Florida is no longer limited to real estate, retirement accounts, and bank holdings. Today, cryptocurrencies (Bitcoin, Ethereum, Dogecoin), NFTs, streaming royalties (Twitch, YouTube), gaming accounts, and digital wallets all form part of a person’s legacy—and must be treated with legal precision.
At The Law Offices of Carolina Nunez, P.A., we specialize in modern Florida estate planning law, addressing these overlooked but increasingly critical assets. We understand the complexity, value, and legal gray areas associated with these emerging digital assets, and we tailor each estate plan to meet evolving regulatory standards and personal wishes.
What Are Digital Assets?
Under Florida’s Fiduciary Access to Digital Assets Act (FADA), codified as Fla. Stat. § 740.001 et seq., digital assets are any electronic records in which a person has a right or interest. This includes:
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Cryptocurrency (Bitcoin, Ethereum, Dogecoin, etc.)
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Non-Fungible Tokens (NFTs)
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Streaming or gaming accounts (Twitch, YouTube, Steam)
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Royalty-generating media (TikTok, X, etc.)
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Digital wallets and online payment platforms
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Social media accounts (Facebook, Instagram, etc.)
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Email or cloud storage
See: Fla. Stat. § 740.002(10); Ajemian v. Yahoo!, Inc., 478 Mass. 169 (2017)
Cryptocurrencies and NFTs in Estate Planning
Cryptocurrencies are decentralized digital currencies that use blockchain technology for secure, peer-to-peer transactions. Due to their decentralized nature, cryptocurrencies are generally not nearly as regulated compared to traditional financial institutions, presenting unique challenges in Florida estate planning:
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Security and Accessibility: Without centralized oversight, cryptocurrency ownership is tied to private keys, which act as the password. Estate planners must ensure that these private keys are securely stored and accessible to authorized individuals.
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Legal Complexity: As regulatory frameworks for cryptocurrency remain under development, estate planners must stay updated on any changes to effectively include cryptocurrencies in estate plans.
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Tax Implications: Cryptocurrencies are considered property by the IRS, making them subject to capital gains taxes. Inheritance of these assets requires careful planning to minimize tax liabilities for beneficiaries. A step-up in basis may apply under 26 U.S.C. § 1014.
NFTs in Florida Estate Planning
NFTs are unique digital assets stored on a blockchain, often representing ownership of digital art, media, or collectibles. NFTs have introduced an entirely new way to store and transfer digital assets, and they require estate plans to include:
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Rights and Royalties: Many NFTs include smart contracts, allowing original creators to earn royalties when the asset is sold. Estate planners must ensure that these royalties continue to benefit heirs as intended. See 17 U.S.C. § 106.
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Legal Ownership: Ownership of NFTs must be clarified within estate plans, especially in cases where legal frameworks are evolving and may vary by state or country.
Gaming, Streaming Royalties, Digital Wallets, and Other Online Accounts
Platforms like Twitch and YouTube, along with digital wallets and online accounts, hold not only financial value but also intellectual property and social influence. When included in a Florida estate plan, these assets require:
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Secure Access Information: Access credentials and account details must be organized to allow for the seamless transfer of ownership.
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Intellectual Property Considerations: Online content, such as videos and streams, may be considered intellectual property, which must be managed in a way that respects both copyright laws and the wishes of the deceased.
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Royalties: Accounts generating royalties (such as ad revenue on YouTube) should be structured to allow beneficiaries to continue receiving income after the account holder’s death.
Legal Challenges in Planning Digital Assets
Many digital assets are private, encrypted, and unregulated, creating challenges in:
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Access and authentication (private keys, 2FA devices, password managers)
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Platforms like Twitch and YouTube require a written notarized authorization under Fla. Stat. § 740.005; 18 U.S.C. § 1030 (CFAA)
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Capital Gains Taxation as they are treated as property (IRS treats crypto as property under IRS Notice 2014-21)
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Legal status (NFTs as intellectual property with royalty streams or copyright protected content)
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Transfer on death (many platforms prohibit non-owner access)
Without proper planning, digital assets may become inaccessible, lost, or even litigated.
Consult A Florida Estate Planning Attorney That Understands Crypto
If you own cryptocurrency, NFTs, gaming accounts, streaming revenue, or any digital property, you need an estate plan built by an attorney that understands technology. The last thing you want is an attorney that can't turn a Word document into a PDF without needing help (it happens a lot more than you think!).
At The Law Offices of Carolina Nunez, P.A. we can help. We are conveniently located in Winter Park near Orlando. We offer both online and in-person appointments.
Save Time and Stress – If you don't like the phone, you can always reach out online with our Easy Online Case Evaluation Form
If you prefer to call us: 407-900-FIRM
How To Include Cryptocurrency and NFTs in a Florida Estate Plan
1. Create a Digital Asset Inventory
An accurate and comprehensive list of your crypto, NFTs, gaming accounts, digital wallets, and online investment platforms should be included in your inventory. Your inventory should also provide access, which can be securely stored with your attorney or trusted loved one:
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Wallet addresses (e.g., MetaMask, Ledger, Coinbase)
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Private keys (securely stored)
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Passwords and access credentials
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Device access instructions for 2FA
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Remember, if a private key is lost, the asset is unrecoverable.
2. Store Credentials Securely
Access to digital assets is typically contingent on secure storage of private keys, passwords, and other access details. This information should be stored in a secure, accessible manner, allowing trusted individuals or executors to retrieve, or formally request access, when needed:
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Encrypted digital vaults
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Password managers (with trustee access)
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Legal documents that outline transfer instructions
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Florida law allows a fiduciary to access digital assets with proper authorization under Fla. Stat. § 740.006.
3. Name Beneficiaries and Detail Transfer Instructions
In your will, trust, or separate memorandum, provide:
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Who inherits each asset
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Who may access your accounts / digital wallets
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Whether it should be sold or held
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How royalties or income will continue to benefit heirs
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Twitch or YouTube accounts with monetization should include directions under copyright and contract law, to avoid DMCA violations and royalty loss.
4. Address Tax Issues Clearly
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Under the IRS classification, cryptocurrency is property, and gains are taxable.
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A beneficiary may face capital gains tax if crypto is sold after inheritance.
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A step-up in basis may apply at death, reducing taxable gains under 26 U.S.C. § 1014.
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See: IRS Notice 2014-21;
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See also: Rev. Rul. 2019-24
Get Started Today with a Florida Estate Plan That Includes Digital Assets
If you own cryptocurrency, NFTs, gaming accounts, streaming revenue, or any digital property, you need an estate plan built by an attorney that understands modern changes. The last thing you want is an attorney that can't turn a Word document into a PDF without needing help (believe us, there are a lot of those).
At The Law Offices of Carolina Nunez, P.A. we can help. We are conveniently located in Winter Park near Orlando. We offer both online and in-person appointments.
Save Time and Stress – If you don't like the phone, you can always reach out online with our Easy Online Case Evaluation Form
If you prefer to call us: 407-900-FIRM
FAQs About Digital Asset Estate Planning in Florida
Can my family inherit my crypto without my private key?
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No. Without your private key or seed phrase, the crypto is permanently inaccessible.
Can I leave my Twitch royalties to my kids?
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Yes, but this must be done via estate planning that accounts for your contract with Twitch and any copyright protections.
Q: Are NFTs taxed when inherited?
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NFTs and several digital assets are taxed as property.
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The value at death becomes the new basis for calculating future capital gains.
CONSULTATION
Our goal is to focus on the current clients we have, which hopefully means that you'll end up being represented by our office. Therefore, to maintain the best service and provide a personalized approach to our cases -- we limit the amount of cases we take and our time slots for appointments.
To accomplish this, we need to direct our attention to actual work and keep our new client intake as low as possible. To achieve this, we charge a consultation fee of $150.00 toward a consultation. If you hire us, the fee is credited to your case. The appointment is with the lawyer, Carolina Nunez, Esq. and not with a legal assistant. If you hire us, that rate applies to your service.
We reduce all of our rates for law enforcement, active duty military, retired military, nurses, firefighters, EMS/Paramedics.
FLORIDA LAST WILL AND TESTAMENT
A Last Will and Testament outlines the testator’s (the person named on the will/future deceased) wishes after death. The goal of a Last Will and Testament is to carry out the wishes by assigning individuals, known as Personal Representatives, who is responsible for distributing assets accordingly.
Under Florida Statutes § 732.501, any person of sound mind who is at least 18 years old may make a valid will. The will must also meet formalities under Fla. Stat. § 732.502, including being in writing, signed by the testator, and witnessed by two individuals.
In a Last Will and Testament, a Florida estate planning attorney may be able assign certain responsibilities individuals of the testator’s choosing, create trusts, protect minors and their assets; provide specific funeral instructions, protect pets, specifically disinherit individuals, and more.
The state courts have upheld these provisions as enforceable when statutory formalities are met. Florida case In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), the Florida Supreme Court emphasized the importance of observing statutory execution formalities to avoid undue influence and probate disputes.
Avoid Costly Mistakes by Hiring a Florida Estate Planning Attorney
Many people attempt to draft their own Last Will and Testament using online services or AI tools like ChatGPT, DeepSeek, or do-it-yourself legal websites. While these options may seem convenient or affordable, they often fail to comply with Florida’s strict legal requirements and can result in invalid or contested wills.
In recent court cases, lawyers have faced sanctions after relying on AI-generated case law that didn’t exist, leading to misinformation and judicial penalties (Mata v. Avianca, Inc., No. 22-cv-1461 (S.D.N.Y. 2023)). Using AI to create critical legal documents like wills carries serious legal risk—especially when done without review by a licensed Florida wills attorney.
In Florida, a Last Will and Testament must comply with Fla. Stat. § 732.502, which requires that the will be in writing, signed by the testator, and witnessed by two individuals in the presence of each other. Failure to meet these formalities renders the will invalid. Even if the document appears complete, ambiguous or imprecise language—especially language generated by AI or copied from online sources—can lead to expensive and emotionally draining legal disputes.
Under Fla. Stat. § 732.518, any interested party may contest the validity of a will. In the case of In re Estate of Barry, 689 So. 2d 1186 (Fla. 4th DCA 1997), the court invalidated a will due to ambiguity and improper execution. This case—and many others like it—demonstrate how poorly drafted wills can collapse under scrutiny, leaving families to litigate the testator’s intent in court which can be very expensive for your family.
The Cost of Fixing a DIY Florida Will Is Greater Than Doing It Right
When a self-drafted or AI-generated will is challenged, surviving family members often face:
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Thousands of dollars in attorney’s fees
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Lengthy probate litigation
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Strained family relationships
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Delayed or blocked asset distribution
These situations often occur at the worst possible time—after the death of a loved one—when emotions are already high. Attempting to save a few hundred dollars upfront can cost your family thousands later.
AVERAGE COST OF A FLORIDA WILL WITH ATTORNEY CAROLINA NUNEZ
BASED ON INHERITANCE VALUE AND COMPLEXITY
Last Will and Testament
Single Person / Couple
Estimated flat-rate cost for will preparation service with Orlando and Daytona Beach attorney:
$500.00 - $1,000.00
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A Last Will and Testament may devise personal property, designate a personal representative, and provide a court guidance as to how real property should be distributed.
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Probate avoidance is not required.
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Includes an in-person meeting with notary and attorney to sign the Last Will and Testament according to Florida Statutes.
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Does not include other estate planning documents.
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To effectively transfer real estate property, such as your homestead, it is recommend to consider a Florida Lady Bird deed option.
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Cost is generally applicable to individuals and married couples that only hold one real estate property and wish to name specific individuals as beneficiaries.
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More complex cases may be billed on an hourly rate basis, subject to attorney determination.
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Basic Estate Planning Florida Package
Estimated Orlando and Daytona Beach attorney flat-rate cost for Florida Estate Planning service for Single Person and/or Couple:
$950.00 - $3,999.00
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Basic Last Will and Testament
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No need to avoid probate
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No business assets
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Durable Power of Attorney
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Advance Health Care Directive
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Healthcare Surrogate
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Extras:
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Fireproof Safe
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In-Office Notarization
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Phone Calls - 15 minutes per week during the case.
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Please note:
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Spin-off transfers increase the price of the package by $300-600.00.*
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Wills or trusts that include special needs trusts, child or expense trusts.
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Trusts will increase package fees by $500 to $1000, depending on the type of trust and complexity of the wording. *
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My Commitment
As Your Florida Wills and Estate Planning Attorney
I'm Attorney Carolina Nunez, and at The Law Offices of Carolina Nunez, P.A., I proudly offer personalized and accessible legal representation individuals across Central Florida. As a first-generation American and attorney, I deeply understand the social challenges and cultural needs many Floridians face, enabling me to advocate passionately and effectively on your behalf.
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⚡ Click Here for a Free Online Case Evaluation→ (Online case evaluations receive priority.)
