The Hidden Risks of Not Including Digital Assets & Crypto in Your Florida Estate Plan

In Florida, digital assets can include a wide range of property. Cryptocurrency is the most obvious example, coins like Bitcoin or Ethereum held in private wallets or exchange accounts, but the definition goes much further. It also includes online bank and payment accounts, investment platforms, domain names, streaming royalties, social media profiles, digital photos and files stored in the cloud, subscription accounts, and virtual storefronts. Even income producing websites, online boutiques, and digital art portfolios fall under this category. For many people, these assets carry just as much financial or sentimental value as a home or a retirement account. Yet because they’re intangible, they’re easy to overlook when drafting or updating a will or trust.

Florida law recognizes the importance of these assets, but it doesn’t automatically grant access to them. In 2016, Florida enacted the Florida Fiduciary Access to Digital Assets Act, which allows an executor, trustee, or power-of-attorney holder to access digital property, but only if the account owner explicitly gives permission. That means unless your estate plan specifically says so, your representative may be locked out of your crypto wallet or cloud storage, even if they’re your spouse or child. For cryptocurrency owners, that can mean losing everything permanently. Unlike a bank account, there’s no “forgot password” option for a blockchain wallet once the private key is lost.

Failing to plan for digital assets can also create serious legal and emotional complications. Without passwords or written authorization, your executor could spend months negotiating with tech companies, online platforms, or crypto exchanges, often with little success. Meanwhile, unclaimed funds might sit in limbo, accounts could be hacked or deleted, and families could be left without access to treasured digital photos or critical business data. Some platforms permanently delete inactive accounts after a period of inactivity, wiping out years of memories, messages, or digital work. Others, including most cryptocurrency services, are bound by privacy and security regulations that prevent anyone from accessing an account without prior written consent from the owner.

Even if you don’t own cryptocurrency or an online company, digital planning still matters. Most people have valuable online accounts tied to their personal lives, email, social media, photos, or subscriptions. You may not think of them as “assets,” but they often carry enormous sentimental or historical value for your family. A well crafted plan can specify which accounts you want deleted, which should be preserved, and who should have access to manage them. It’s about controlling your digital footprint, maintaining privacy, and making sure your memories remain in the right hands.

Incorporating digital assets into your estate plan isn’t complicated, but it does require professional guidance. At AnidjarLaw, we help clients identify all categories of digital property, document access rights, and weave those instructions into their wills and trusts. We also advise clients on the safest methods for storing private keys and passwords, balancing privacy with accessibility. Because our firm integrates both legal and tax knowledge, we can also ensure your plan complies with Florida’s Fiduciary Access laws, federal tax regulations, and the evolving rules around crypto valuation.

Taking these steps now can save your loved ones countless hours of frustration and thousands of dollars in potential losses. It also ensures that your digital assets, whether they’re coins, photos, or entire businesses, don’t disappear when you do. Estate planning is ultimately about control, and in the digital age, control extends far beyond your tangible possessions. If your plan doesn’t mention your digital life, it’s incomplete.

If you live in Florida and haven’t updated your estate plan to include digital property, the time to act is now. The law is still catching up to technology, and waiting could mean losing access to assets you worked hard to create. Whether you’re safeguarding cryptocurrency, managing an online business, or simply preserving family photos, a digital estate plan ensures everything you value remains secure and accessible.

At AnidjarLaw, we make this process simple and clear. Our firm works closely with clients to craft customized estate plans that cover every aspect of their wealth, both physical and digital. We’ll review your current plan, identify gaps, and help you create the right structure to protect your online and crypto holdings.