PROTECTING DIGITAL ASSETS WITH FLORIDA ESTATE PLANNING
With multiple LLM models and start ups geared toward DIY solutions to legal documents, it’s tempting to rely on generic templates or low-cost online forms.
While these avenues may seem convenient, they often fail to meet Florida’s strict legal standards under the Florida Probate Code (Fla. Stat. ch. 732), which can render them partially—or entirely—unenforceable. The result? Costly litigation, delayed distributions, and outcomes that do not reflect your true intentions.
Proper planning can also help avoid probate delays, reduce tax burdens, and give your loved ones the peace of mind they deserve.
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. We focus on protecting both your assets and your family’s future, so you can feel confident knowing your wishes will be carried out.
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:
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CRYPTOCURRENCIES | NFTs | OTHER DIGITAL ASSETS
Including Crypto in a Florida Estate Plan
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 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, 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
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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Written notarized authorization (platforms like Twitch and YouTube require this) under Fla. Stat. § 740.005; 18 U.S.C. § 1030 (CFAA).
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Capital Gains Taxation 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.
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 Digital Estate Planning Appointment
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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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.
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.
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
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 WITH FLORIDA CRYPTO
ATTORNEY CAROLINA NUNEZ
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.
We reduce all of our rates for law enforcement, active duty military, retired military, firefighters, EMS/Paramedics.
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 cryptocurrency 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.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 Fla. Stat § 732.501, any person of sound mind who is at least 18 years old may make a valid will. In addition, the will must also meet formalities under Fla. Stat. § 732.502, including being in writing, signed by the testator, and witnessed by two individuals. 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 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 compliances with the Florida Fiduciary Access to Digital Assets Act (Fla. Stat. §740.001-740.11).
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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.
Why Crypto Clients Should Avoid DIY or AI Generated Wills
In Mata v. Avianca, Inc., No. 22-cv-1461 (S.D.N.Y. 2023) attorneys were sanctioned for submitting legal arguments that relied on AI-generated (hallucinated) case citations that did not exist. While not a probate case, the ruling is a stark reminder: AI is a tool, not a substitute for a licensed Florida wills attorney. When AI content is used without legal review, the risk of errors, omissions, and outright misinformation skyrockets—errors that could cost your heirs both money and access to your crypto holdings . Using AI to create critical legal documents like wills carries serious legal risk—especially when done without review by a licensed Florida wills attorney.
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.
Crypto-Specific Vulnerabilities in 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 (Fla. Stat. §740.001-740.11), only properly appointed fiduciaries can legally manage financial assets of an estate.
If these requirements are not met, the will may be deemed invalid -- regardless of how clear your crypto instructions may seem.
Clear, Upfront Pricing
for Florida Crypto Estate Plans with
The Law Offices of Carolina Nunez, P.A.
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. These ballparks are what you could expect:
Tier 1 – Basic Crypto Will
Flat Fee: $2,500 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:
Smaller portfolios with minimal asset types.
Includes:
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Last Will & Testament with crypto provisions.
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Digital Asset Memorandum (private list of wallets, coins, and access instructions).
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1 hardware wallet or 1 exchange account.
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Up to 2 types of cryptocurrency.
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Up to $100,000 USD portfolio value at time of drafting.
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In-office notarization with attorney and notary present (Fla. Stat. § 732.502).
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Fireproof Safe.
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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No testamentary trusts.
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No multi-signature wallets or DeFi protocols.
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No business-owned crypto accounts.
Tier 2 – Advanced Crypto Will Estate Plan
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 & Healthcare 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.
Tier 3 – Complex Crypto Will Estate Plan
Flat Fee: Upon Request - Due to Variety of Structure
We accept 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:
Portfolios exceeding $500,000 or with highly complex structures. This option also is applicable to monetized streaming accounts.
Includes:
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Everything in Tier 2, plus:
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Unlimited coin/token types.
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NFT collections and metadata transfer provisions.
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Integration with business entities (LLC or corporate crypto holdings).
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Optional testamentary trust for crypto.
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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Fee is generally determined after portfolio review -- $6,500.00 is a starting point for larger or complex estates.
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Ongoing portfolio monitoring or annual updates are billed separately.
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 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 Digital Estate Planning Appointment Request Form
If you prefer to call us: (407) 900-FIRM
My Commitment
As Your Florida Crypto 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.
Ready to Get Started?
⚡ Click Here to Request Your Florida Crypto Estate Plan Appointment→ (Online case evaluations receive priority.)
