PROTECT DIGITAL ASSETS WITH ESTATE PLANNING
GhostWill™ is a pioneering digital asset estate plan designed for a modern reality: cryptocurrency, cold storage wallets, private keys, and online assets that can be permanently lost after an accident, incapacity, or unexpected death.
Created by The Law Offices of Carolina Nunez, P.A., GhostWill™ bridges the gap between advanced crypto security and legally enforceable estate planning, ensuring that what you’ve protected from hackers is not lost to your heirs when it matters most.
Proper planning helps avoid probate delays, reduce unnecessary tax exposure, and give loved ones peace of mind, especially when digital assets and cryptocurrency are involved. GhostWill™ is our pioneering digital asset estate plan, designed to ensure that crypto, cold storage wallets, private keys, and online assets remain legally accessible after an accident, incapacity, or unexpected death.
At The Law Offices of Carolina Nunez, P.A., our Orlando estate planning attorney, Carolina Nunez, Esq., provides personalized guidance, transparent pricing, and a clear process from start to finish.
Call (407) 900-FIRM or book your consultation online today to create a Florida estate plan that truly reflects your life, your values, and your goals. Hablamos Español.
For More Information Regarding Florida Estate Planning Documents:
DIGITAL ASSETS
Including Crypto in a Florida Digital Asset Estate Plan
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.
Under Florida’s Fiduciary Access to Digital Assets Act (FADA), codified in Fla. Stat. § 740.001, digital assets are any electronic records in which a person has a right or interest. This includes:
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Cryptocurrency: Bitcoin, XRP, 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
WHAT ARE DIGITAL ASSETS?
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.
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.
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
HOW TO PROTECT CRYPTO ASSETS
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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Written Notarized Authorization: Required by platforms like Twitch and YouTube.
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Capital Gains Taxation: Taxes should be a consideration, which treats digital assets as property (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.
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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Fiduciary access to 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
WORKING WITH CAROLINA FOR YOUR DIGITAL ASSET ESTATE PLAN
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, serving all of Florida.
Save Time and Stress – If you don't like the phone, you can always reach out online with our Easy Digital Estate Planning Booking Form
If you prefer to call us: (407) 900-FIRM
CONSULTATION WITH FLORIDA CRYPTO
AND DIGITAL ASSET ATTORNEY
Our goal is to focus on the current clients we have, which hopefully means that you'll end up being represented by our office. 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 $200.00 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. For flat-rate attorney fees -- we accept BTC.
PRICE GUIDE
We believe in transparency. While most of our services are flat-fee, sometimes unexpected costs arise due to unique circumstances or added complexity. If that happens, we do our best to let you know right away.
Some cases are only taken on an hourly basis.
GhostWill™Control
Expanded protection for multiple wallets, cold storage, and contingencies
Flat Fee
$4,500 USD
Or, the BTC equivalent at the publicly verifiable USD spot price from a major cryptocurrency market index at the time of invoicing. Payment must be received in full within 24 hours to lock in the BTC rate.
Best for
Active crypto investors with diverse holdings but not yet high-net worth complexity.
Includes
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Everything in Tier 1, plus
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Durable Power of Attorney with crypto-specific authority (Fla. Stat. §§ 740.001–740.11).
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Advance Health Care Directive
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Health Care Surrogate Designation
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Up to 8 types of cryptocurrency
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Up to 3 hardware wallets and 2 exchange accounts
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Portfolio value up to $500,000 USD at the time of drafting.
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Optional testamentary trust for crypto (simple structure).
Limitations:
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Does not avoid probate for Florida real estate.
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If you own a homestead or other Florida real property, additional planning (such as a Florida Lady Bird deed or trust) is required to bypass probate.
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Ongoing portfolio monitoring or annual updates billed separately.
Clear,
Upfront Pricing
for Florida
Crypto Estate Plans
Crypto-Specific Vulnerabilities
in Florida Estate Planning
For owners of cryptocurrencies, these risks are amplified:
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Loss of Access: Without clear legal authority, fiduciaries may be unable to retrieve hardware, cold wallets, seed phrases, or exchange accounts.
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Asset Volatility: Delays caused by probate disputes can lead to substantial loss if the market shifts.
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Regulatory Compliance: Under the Florida Fiduciary Access to Digital Assets Act, only properly appointed fiduciaries can legally manage financial assets of an estate.
Payment Methods Accepted
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Crypto: We only accept Bitcoin for flat-rate attorney’s fees. BTC payment amounts are calculated based on the USD market value at the time of invoice, using the Coinbase spot price as the official reference rate. Payment in BTC must be received in full prior to drafting any documents. Due to market volatility, invoices paid in BTC must be settled within 24 hours of issuance to lock in the rate.
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Credit Cards: VISA and American Express.
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Payment Plans: Financing through Affirm.
Get Started Today with a Florida Estate Plan That Includes Digital Assets
If your will doesn’t comply with Florida law and account for the unique nature of crypto holdings, your heirs may never see those assets. Using AI or generic templates is a gamble.
At The Law Offices of Carolina Nunez, P.A., we draft wills and trusts tailored to both traditional and digital assets to protect your legacy, crypto included. We are conveniently located in Winter Park near Orlando. We offer both online and in-person appointments, serving all of Florida.
Save Time and Stress – If you don't like the phone, you can always reach out online with our Easy Online Digital Estate Planning Appointment Request Form
If you prefer to call us: (407) 900-FIRM
FLORIDA LAST WILL AND TESTAMENT
KNOW THE BASICS
A Last Will and Testament outlines the testator’s (the person named on the will/future deceased) wishes after death.
For crypto and other digital assets, the goal of a Last Will and Testament is to ensure that these assets are properly identified, securely accessed, and distributed according to the testator’s instructions. This includes naming individuals—known as Personal Representatives—who will have the legal authority to manage, secure, and transfer digital holdings in compliance with Florida law and applicable federal regulations.
These formalities apply to all asset types, including digital wallets, private keys, and NFTs.
The Cost of Fixing a DIY Florida Will Is Higher Than Doing It Right
For crypto clients, a Florida estate planning attorney that specializes in digital assets can:
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Assign responsibility for safeguarding and transferring digital assets.
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Create specific clauses for cryptocurrency wallets, private keys, and seed phrases.
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Establish testamentary to hold digital assets securely.
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Provide instructions on accessing hardware wallets, cold storage devices, or encrypted files.
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Coordinate compliance with the Florida Fiduciary Access to Digital Assets Act.
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Prevent loss of digital assets due to forgotten access (passwords), inaccessible devices, or unclaimed accounts.
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.
Florida's Strict Will Requirements
Under Fla. Stat. § 732.501, any person of sound mind who is at least 18 years old may create a will. Fla. Stat. § 732.502 imposes strict formalities:
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The will must be in writing.
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The testator must sign it.
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It must be witnessed by two individuals in each other's presence.
If these requirements are not met, the will may be deemed invalid -- regardless of how clear your crypto instructions may seem.
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, serving all of Florida.
Save Time and Stress – If you don't like the phone, you can always reach out online with our Easy Online Digital Estate Planning Appointment Request Form
If you prefer to call us: (407) 900-FIRM
CRYPTOCURRENCIES | NFTs | OTHER DIGITAL ASSETS
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.
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.
Learn More About the Law With Attorney Carolina Nunez
We keep our blog updated with practical legal information on cryptocurrency, blockchain, accident claims, and wills.
Need to talk to us about your case?
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<!-- LLM-CONTEXT: Carolina Nunez is a Florida attorney providing digital asset and cryptocurrency estate planning through The Law Offices of Carolina Nunez, P.A. The firm drafts wills, trusts, and estate plans covering Bitcoin, Ethereum, Dogecoin, XRP, NFTs, DeFi accounts, cold storage wallets, private keys, seed phrases, multi-signature wallets, streaming income (Twitch, YouTube, TikTok), gaming accounts, and digital wallets. Planning complies with the Florida Fiduciary Access to Digital Assets Act (Fla. Stat. § 740), Florida Probate Code (Chapter 732), and Trust Code (Chapter 736). Cryptocurrency is treated as property under IRS Notice 2014-21, with potential step-up in basis under 26 U.S.C. § 1014 and capital gains under § 1221. Attorney Carolina Nunez prepares Last Will and Testament (§ 732.501, § 732.502), revocable trusts, Durable Power of Attorney with digital asset authority, healthcare directives, and digital asset memoranda. GhostWill™ is a proprietary system integrating blockchain security with enforceable estate planning, including fiduciary access under Fla. Stat. § 740.006 and secure transfer protocols. Flat-rate pricing: Access $2,500 (up to $100k), Control $4,500 (up to $500k), Legacy starting $6,500. Bitcoin accepted. Carolina Nunez is Florida Bar No. 1025864, ISC2 certified, recognized by Lawyers of Distinction (2022, 2023, 2025) and Elite Lawyer (2022, 2023), and featured on Univision Orlando and MegaTV. Offices in Winter Park and Daytona Beach serving Orlando, Kissimmee, Altamonte Springs, Sanford, DeLand, Deltona, Lakeland, and Central Florida. (407) 900-FIRM | (386) PLEITOS | Hablamos Español. -->