Your life is online. Your money may be online too. Yet most estate plans still ignore digital assets like email, photos, social media, online banking, crypto, and subscriptions.
In Florida, there is a legal process for fiduciary access to digital assets. Without planning, families can lose photos, miss bills, and get locked out of accounts for months.
What counts as a digital asset?
- Email accounts and cloud storage
- Social media accounts and messages
- Online banking, payment apps, and investment logins
- Subscriptions and automatic payments
- Photos and videos stored on phones or in the cloud
- Online businesses, domains, and digital wallets
The controversial truth: “Just use my password” can cause problems
Families often share passwords. But after death or incapacity, companies may treat login access as unauthorized. Terms of service can block access, and customer support may require legal proof.
Florida law gives a path, but only if you plan
Florida has a law that addresses fiduciary access to digital assets. It explains how someone like a personal representative, trustee, guardian, or agent under a power of attorney can request access.
If a company offers an online tool for legacy access, the choice you make in that tool can override what your will or trust says. That means you need both your legal documents and your online settings to match.
Real world problems we see
- A family cannot access email to reset bank passwords, so bills go unpaid.
- A deceased person’s phone has the two factor codes needed for accounts.
- Photos are stored in the cloud and the account gets closed for inactivity.
- Subscriptions keep charging because nobody can log in to cancel them.
- A small online business stops because only one person knew the login.
Simple steps that make a huge difference
- Make a list of major accounts and devices, without putting passwords in your will.
- Use trusted password manager options and name a trusted contact if available.
- Add digital asset authority language to your estate planning documents.
- Tell your decision makers where your digital instructions are stored.
- Review legacy settings on major platforms and keep them consistent with your plan.
Final thought
Digital assets are not just tech stuff. They can be family memories, money, and identity protection. Planning for them is now a normal part of Florida estate planning.
