Including Digital Assets in Your Boca Raton Estate Plan

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Your life is increasingly online: email, photos, financial logins, cloud storage, social media, even cryptocurrency. Yet most Boca Raton estate plans say nothing about any of it. When the unexpected happens, families are often locked out of accounts they did not even know existed. Here are the questions to ask.

What counts as a digital asset?

More than people think. Digital assets include email and social media accounts, photos and videos in the cloud, online banking and brokerage logins, domain names, loyalty and rewards points, cryptocurrency and digital wallets, and even paid subscriptions. Some have real monetary value; others have deep sentimental value, like a decade of family photos stored in one account.

Can’t my family just log in with my passwords?

Logging in with someone else’s credentials, even a deceased loved one’s, can violate the account’s terms of service and federal computer-access laws. That is exactly why Florida adopted the Fiduciary Access to Digital Assets Act. It gives your personal representative, trustee, or agent under a power of attorney a lawful path to access digital assets, but only if your planning documents are written to authorize it. Without that authorization, your family in Boca Raton may face locked accounts and frustrating provider denials.

How do I give someone authority over my digital life?

Three layers work together. First, use the provider’s own tools, such as an online legacy contact or inactive-account manager, which take priority. Second, include clear digital-asset authority in your Florida durable power of attorney (Chapter 709), your will, and any trust. Third, leave organized instructions. When these layers align, your chosen person can act without fighting each platform individually.

What about my durable power of attorney?

Digital access during incapacity matters as much as after death. A Florida durable power of attorney under Chapter 709 can authorize your agent to manage your digital assets while you are alive but unable to act yourself. Many older documents predate this need entirely, so if your power of attorney is several years old, it likely says nothing about digital access and should be updated.

How should I handle passwords and cryptocurrency?

Never list passwords inside your will, because a will becomes a public record once filed with the Palm Beach County court. Instead, keep a secure, regularly updated inventory of accounts in a password manager or sealed location, and reference its existence in your plan. Cryptocurrency is especially unforgiving: if no one can locate the private keys or recovery phrase, the assets are simply gone forever. For Boca Raton residents holding crypto, a clear, secure access plan is not optional.

What is the simplest first step?

Make an inventory. List your important accounts and where the access information lives, without writing the passwords into a public document. That single list, combined with proper legal authorization, prevents most of the digital lockouts that derail estate administration.

A note before you decide

Digital-asset authority must be drafted to satisfy Florida’s specific statutory requirements across your will, trust, and power of attorney. Work with a licensed Florida estate planning attorney serving the Boca Raton area to be sure your fiduciaries can lawfully reach your online life when it matters.

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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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