Digital Estate Planning in Florida: Preparing for AI, Neural Interfaces, Crypto Assets, and Post-Human Legacies

by Florida Attorney Carolina Nunez, Esq.

The Role of a Tech-Focused Florida Estate Planning Attorney

As tech continues reshape our lives, estate planning in Florida is expanding to protect digital footprints, crypto assets, brain-machine interface data, and even speculative digital selves. Traditional legal frameworks are being tested by a surge in decentralized finance, biometric authentication systems, and machine-learned personal data. At The Law Offices of Carolina Nunez, P.A., we’re building estate plans that consider tech developments so your estate planning documents don't end up being obsolete later on.

Neuralink, Brain-Machine Interfaces (BMIs), and Their Legal Implications

Neuralink, Musk’s neurotechnology venture, is among several startups (see also Synchron, Kernel -- and of course, more) pioneering implantable brain-computer interfaces (BCIs).

These devices may eventually:

• Record and store long-term memory

• Transmit neural activity to digital devices

• Enable cognitive preservation for post-mortem simulation

While these capabilities remain experimental, the legal questions are not merely theoretical.

Estate planning attorneys and clients must prepare for:

• Eventual development of posthumous consent and ownership of cognitive data

• Transference of "digitized consciousness"

• Fiduciary control of neural-linked cloud assets

Digital Estate Planning Tools Aligned With Florida Law

Florida has started adapting to digital realities. The following frameworks support modern estate tools:

• Revised Uniform Fiduciary Access to Digital Assets Act: Fla. Stat. §§ 740.001–740.009

• Wills: Fla. Stat. § 732.501

• Trusts and fiduciary obligations: Fla. Stat. § 733.602

With these as a foundation, The Law Offices of Carolina Nunez, P.A. helps Florida based clients:

• Appoint digital fiduciaries capable of managing NFTs/crypto, DNS tokens, and smart contract rights

• Ensure that gaming streaming account or influencer account revenues are distributed appropriately in the event of a death

• Draft memoranda on neural data permissions for future BCI use

Future Considerate Provisions in Florida Estate Plans

Don't rely on an estate planning attorney that sends you files with metadata. If that happens, there's a good chance that tech isn't something to consider when it comes to legal precedent. While a lot of people are now turning to tech, without having an attorney to ensure that you do not fall into pitfalls -- you risk your assets and your loved one's rights. If you doubt this, go ahead and do a quick search to find out how many sanctions have been handed out by judges for pleadings that include hallucinated case law.

Digital Asset Memorandum:

• Public/Private key pairs for crypto holdings

• Access controls for AI-assisted storage (e.g., Replika logs, Apple Legacy Contacts)

• Licensing terms for data generated by BCIs

Digital Executor under Fla. Stat. § 740.005

• AI-execution clauses tied to Smart Contracts or DAO-controlled trusts

Cryopreservation and Tech-Aware Directives

Clients interested in longevity science may seek:

• Advance directives supporting cryopreservation with Alcor or Cryonics Institute

• Life insurance-based funding for long-term biometric storage

• Instructions for integration into digital posthumous avatars, metaverse assets, or simulation environments

Legal documents should be drafted to reflect Florida’s probate law and its changes, while making room for biological preservation paired with cognitive digitization.

Ethical and Theoretical Legal Challenges

Sooner rather than later, more complex ethical and theoretical legal challenges may become important legal precedents:

• Who owns a person’s recorded thought sequences?

• Should simulations derived from neural data inherit assets?

• How should Florida courts treat blockchain-executed wills?

There are no statutes yet. Estate planning attorneys must draft with flexibility, using layered legal mechanisms and speculative directives with existing enforceable structures. This is not just another 1984 based scare but a very probable possibility in the near future.

Work With a Florida Attorney Who Understands Tech

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 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 ​​