Protecting Crypto and Streaming Income If You Can’t Log In – Florida Crypto Attorney Explains

by Attorney Carolina Nunez, Esq.

When you earn income from cryptocurrency, NFTs, or monetized online accounts, your digital presence can be just as valuable as your bank account. As the internet has shown time and again, even a short absence can cause a storm.

Think about a well-known streaming personality who disappears for only a few days — no posts, no streams, no updates. Followers start speculating, social media lights up, rumors fly, and brand partners get nervous. Now imagine that absence isn’t by choice — it’s because the creator is in the hospital, recovering from surgery, or otherwise unable to log on.

Without a legal plan that authorizes someone to step in, digital assets like crypto wallets, ad revenue, and brand sponsorships could stall, expire, or be lost entirely.

If you have monetized social media accounts, gaming accounts, crypto, NFTs, or other digital assets --hiring a digital estate planning attorney may protect you, your brand, and loved ones.

Why Incapacity is a Bigger Threat Than Most People Realize

In Florida, digital assets are considered part of a probate estate. This includes everything from email accounts to monetized YouTube 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. Stefan Thomas, was locked out of more than 7,000 BTC—worth several hundred million—because of a password issue.

In July 2025, popular Twitch streamer CaseOh vanished from streaming for a full week due to a serious health emergency. His absence created intense speculation among fans, with thousands asking if he was okay. When he returned, he confirmed he’d nearly died, proving how vulnerable a creator’s income and audience are to unexpected incapacity.

Incapacity can occur at any age due to

• Car accidents

• Strokes or heart attacks

• Severe illness or surgery

• Cognitive impairment

• Unexpected medical emergencies while traveling

If you own digital assets — such as crypto wallets, NFTs, YouTube monetization accounts, or Twitch streaming channels — these income streams could stall or disappear if no one has legal authority and technical ability to manage them.

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.​

Why Crypto and Streaming Accounts Are Different From Other Assets

1. No Reset Options for Crypto

With a traditional bank, you can get a replacement card or reset your password. With crypto, if your private key or seed phrase is gone, the asset is lost.

2. Platform Restrictions for Streaming Accounts

Twitch, YouTube, Patreon, and other platforms have their own rules for account transfers. Most require legal authority — and may resist access requests unless backed by a court order or notarized document.

3. Contractual Deadlines

Streaming and content creator contracts often have strict timelines for deliverables. An unexpected break can lead to financial penalties and breach-of-contract disputes.

Florida Legal Tools for Incapacity Planning

Florida’s Fiduciary Access to Digital Assets Act allows you to name someone with the legal right to access and manage your online accounts if you’re incapacitated — but you must proactively authorize it in your estate plan.

1. Durable Power of Attorney with Digital Asset Clauses

This is the cornerstone of incapacity planning for digital assets. It must specifically list:

• Cryptocurrency wallets and exchanges

• NFT marketplaces

• Social media and content platforms

• Cloud storage accounts

2. Health and Financial Directives

• Combine a Durable Power of Attorney with a Designation of Health Care Surrogate to ensure both your physical and financial well-being are managed.

3. Multi-Signature Crypto Wallets

• Using a multi-sig wallet allows your trusted person to transact with your approval — or step in if you’re unable to sign.

4. Emergency Password Managers

• Tools like 1Password, LastPass, or Bitwarden have “emergency access” settings that release credentials to a pre-approved contact after a set waiting period.

5. Content Continuity Instructions

Written, legally recognized instructions on how to:

• Pause streams without losing followers

• Transfer sponsorship agreements

• Maintain or archive content

• Respond to brand partners and affiliates

Why This Matters to You

Without incapacity planning, you risk losing:

• Income from monetized content

• Access to high-value NFTs and crypto wallets

• Years of audience building and brand trust

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.

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. ​We offer virtual appointments throughout 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 Asset Estate Planning Quote Request

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