How to Prevent Losing Crypto and Online Accounts After Death in Florida - Advice from a Florida Tech Lawyer

by Attorney Carolina Nunez, Esq.

While technology surges forward, the law often lags behind. Legal precedent is slow to adapt, and unfortunately, the intricacies of life does not wait.

Technology outlives us — from email accounts to crypto wallets, our digital footprint can become a maze of inaccessible data. Most individuals use passwords, PINs, multi-factor authentication, and encryption to protect their digital property. Without a plan, those assets may be lost forever.

Florida Law, Crypto, and Digital Assets in Probate

Digital assets are typically considered as part of a probate estate in Florida -- they include everything from email accounts to monetized YouTube or Twitch channels, cryptocurrency, and non-fungible tokens (NFTs). Without explicit authorization, fiduciaries may be barred from accessing digital assets due to privacy laws or service provider restrictions.

Florida adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), codified in Fla. Stat. § 740.001–740.009. This law allows fiduciaries (personal representatives, trustees, guardians, etc.) to access digital assets only if the decedent authorized such access in a will, trust, or power of attorney.

If you have monetized social media accounts, gaming items with real-world value, or cryptocurrency, hiring a digital estate planning attorney may protect your family from asset loss.

Digital Assets Include

• Cryptocurrencies (e.g., Bitcoin, Doge, etc)

• Subscription accounts with credit balances

• Social media accounts

• Monetized Twitch / Gaming Accounts

• Cloud storage (e.g., Google Drive, iCloud)

• NFTs and digital art

• Online business domains and blogs

These assets may hold substantial value and are often protected by strict privacy policies and terms of service.

You Are Not Too Young To Consider a Will

Don't think that because you are in your 20s or 30s that a will or power of attorney won't be used. We all would hope to avoid that scenario but life is unpredictable. Without proper planning, family members may lack the authority or tools to access digital assets. This could violate terms of service or federal privacy laws like the Stored Communications Act (18 U.S.C. § 2701) and Computer Fraud and Abuse Act (18 U.S.C. § 1030).

A Solid Digital Estate Plan

Should include the following:

• Lists all digital assets

• Provides access credentials or storage details

• Authorizes access legally under Florida law and federal privacy law

• Names a digital executor with the skill to manage these assets

Cryptocurrency and Florida Estate Planning Inventory

You can take these steps to mitigate damage ahead of time.

Step 1: Listing and Accessing Crypto

You should include:

• A clear inventory of crypto assets

• Wallet types (hot or cold)

• Access details (keys, seed phrases, recovery info)

  • Email accounts

  • Domain names

  • Crypto holdings

  • Social media

  • Business platforms (Etsy, Shopify, etc.)

Step 2: Avoid Listing Passwords in Your Will

Instead, use a secure storage method to avoid sensitive data from being filed in public records:

• An encrypted physical device in a fireproof safe

• A legacy service (These alone are not substitutes for formal legal documents)

• Regularly update your list and set up account inactivity notifications 

Step 3: Naming a Digital Executor

Florida allows you to name a "digital fiduciary" in your will or power of attorney under Fla. Stat. § 740.003.

Choose someone that is:

• Technically literate

• Trustworthy

• Has written authorization to access digital property

• Named in documents that include language compliant with Fla. Stat. § 740.005 for digital access. Explicit consent is crucial under RUFADAA and federal privacy laws.

Tax Considerations

Cryptocurrency is taxed as property, not currency. Transactions may result in capital gains or losses under IRS Notice 2014-21.

You should talk to an accountant first but generally, you should:

• Report gains on Form 8949

• Track cost basis and sale price

• Declare crypto income on Schedule D of IRS Form 1040

Failure to disclose may result in penalties or audits.

The Importance of Hiring the Right Attorney

If you own crypto, 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 -- serving all of Florida. ​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 Quote Request

If you prefer to call us: 407-900-FIRM ​​