By Edward J. Welch, Esq. | Welch Law, PLLC | Jupiter, Florida 

When most Floridians think about estate planning, they imagine the tangible—the waterfront home in Jupiter, the condo in Palm Beach Gardens, the bank accounts, the family jewelry, maybe a vintage 911 tucked into a climate-controlled garage. But here’s the truth: your most valuable assets may not exist in any physical form at all.

They’re digital.

Your email inbox, your iCloud photo album, your cryptocurrency wallet, your Instagram profile, your Dropbox filled with business records, your PayPal balance, even your airline miles—these are part of your digital estate. And without careful planning, your family may never gain access to them.

We call this the “digital afterlife.” And under Florida law, it’s becoming one of the most overlooked, and most costly, estate planning mistakes families make.

The Law That Governs Digital Legacy in Florida: RUFADAA

The Revised Uniform Fiduciary Access to Digital Assets Act—or RUFADAA—is the backbone of digital inheritance law in Florida. It gives your executor, trustee, or power of attorney the right to access your digital accounts only if you have given explicit permission.

That’s right—“explicit permission.” Without it, your heirs are locked out.

Under RUFADAA, service providers like Apple, Google, Facebook, or Coinbase have the legal right to deny access to anyone—even your executor—unless you’ve authorized that access in writing. These tech giants are protecting your privacy, but in doing so, they can make it nearly impossible for loved ones to manage your digital affairs.

So if you haven’t already, stop thinking of digital assets as a “tech issue.” This is an estate planning issue. And in Florida, that means it’s a Welch Law issue.

Why Digital Assets Matter More Than Ever

Picture this: A young Jupiter entrepreneur built a thriving e-commerce business on Shopify, ran ads through Meta, stored designs on Google Drive, and processed payments through PayPal. When he unexpectedly passed away, his wife discovered she couldn’t access any of it—not even the domain name.

The business—and its income—vanished overnight.

That story isn’t rare. Across Florida, families lose millions each year because digital assets are locked behind passwords, two-factor authentication, and privacy laws that outlast the owner’s lifetime.

The new generation of wealth isn’t stored in vaults—it’s stored in the cloud.

And with the rise of cryptocurrency and NFTs, the stakes are even higher.

The Cryptocurrency Conundrum: No Keys, No Coins

Let’s get blunt. If your loved ones don’t have your crypto private keys, your Bitcoin, Ethereum, and Solana are gone. Forever.

Even RUFADAA can’t save them.

Cryptocurrency doesn’t operate through traditional intermediaries. There’s no “forgot password” option, no tech support line, no court order that can compel the blockchain. Without the seed phrase or private key, those digital coins are mathematically unreachable.

At Welch Law, we’ve seen this firsthand. A client in Palm Beach Gardens had a modest crypto portfolio—until her husband passed without documenting his recovery phrase. By the time she found the wallet, the value had ballooned into seven figures… but she couldn’t access a dime.

That’s why the Welch Crypto Trust™ was born—a Florida-based estate planning strategy designed to securely store and pass on your crypto credentials to a trustee or heir. It’s part of our broader mission to ensure your entire estate—digital and physical—transfers smoothly.

The RUFADAA Framework: Privacy Meets Legacy

RUFADAA strikes a delicate balance between privacy and accessibility. It’s designed to protect your data while giving your fiduciaries the tools they need to settle your estate.

Here’s how it works in Florida:

1. Online Tools Take Priority.

   If you use a service’s built-in legacy system—like Google’s Inactive Account Manager or Apple’s Digital Legacy—you control who gets access. These tools override even your will.

2. Legal Documents Come Next.

   Your will, trust, or power of attorney should explicitly authorize access to digital assets under Florida’s RUFADAA statute. Without that language, your fiduciary’s hands may be tied.

3. Service Agreements Still Matter.

   Each platform has its own terms of service. Even with RUFADAA in place, companies can impose restrictions or require court orders.

In short: digital access isn’t automatic. It’s earned through careful drafting and foresight.

The Four Pillars of Digital Estate Planning

Let’s bring structure to what most people treat as chaos. Digital estate planning in Florida has four pillars:

1. Inventory Your Digital Footprint

Make a list of every digital account you own. Start with financial assets—crypto wallets, Venmo, PayPal, Robinhood, and online bank accounts. Then move to personal ones: email, photos, cloud drives, and social media.

Document usernames, account types, and where credentials are stored. (Never include actual passwords in your estate plan—use a secure password manager or encrypted vault instead.)

2. Grant Legal Authority

Your will, trust, and durable power of attorney must include digital asset clauses compliant with RUFADAA. This allows your personal representative or trustee to act lawfully when handling your online accounts.

At Welch Law, we tailor this language to Florida’s version of the Act, ensuring compliance with both state and federal privacy laws.

3. Plan for Crypto and NFTs

This is where most estate plans fail. Cryptocurrency requires separate protocols. We recommend:

• Listing wallets by type (e.g., cold storage, exchange accounts)

• Documenting recovery instructions under attorney supervision

• Naming a trustee familiar with digital assets

Our Welch Crypto Trust™ is specifically designed for this, combining airtight security with accessibility for heirs.

4. Clarify Your Personal Wishes

Not every digital asset needs to survive you. Some clients want their social media deleted, while others want it memorialized. Some wish to preserve family photos; others prefer privacy.

Write these preferences down. A simple paragraph in your will or a letter of instruction can prevent painful disputes later.

Real-World Example: The Florida Family Locked Out

A family in Palm Beach Gardens recently contacted us after losing access to their late mother’s iCloud account. Years of photos—including those of grandchildren—were trapped behind Apple’s privacy walls.

Despite a court order, Apple refused to release the account until RUFADAA authorization was shown in the estate documents. It took months, additional legal fees, and heartache that could have been avoided with one paragraph of planning.

That’s the power of proper digital estate planning.

The Intersection of Technology and Florida Law

Florida has formally adopted RUFADAA, codified under Florida Statutes §740.001 et seq., which governs how fiduciaries access electronic communications and digital records. But even with this legal framework, practical hurdles remain.

Tech companies are global. Florida law is local.

That means your digital executor may need to navigate Apple’s California policies, Coinbase’s Delaware jurisdiction, and Meta’s European privacy protocols—all while trying to administer your estate from Jupiter.

It’s why high-net-worth individuals, business owners, and crypto investors in Palm Beach County increasingly rely on specialized digital estate planning attorneys like Welch Law to bridge that gap.

Building a Future-Proof Estate Plan

Think of your digital estate like a private vault in cyberspace. Each item—your cryptocurrency, your Dropbox files, your AirBnB income account—is a drawer in that vault.

A comprehensive Florida estate plan ensures that your fiduciaries have:

• The legal key (via RUFADAA authorization)

• The technical key (via recovery instructions)

• The moral key (via your expressed intentions)

Miss one, and the vault stays locked.

At Welch Law, we integrate digital estate planning directly into your will, trust, and durable power of attorney—no separate document required. It’s a seamless way to future-proof your legacy.

What Happens If You Don’t Plan

If your plan doesn’t mention digital assets, here’s what’s likely to happen:

• Your executor can’t access your accounts.

  Banks may freeze funds. Google may delete inactive data after a set period. Crypto wallets may vanish forever.

• Your loved ones may violate the law.

  Federal privacy statutes make “unauthorized access” illegal—even for spouses or children.

• Your digital life disappears.

  Photos, messages, creative works, or business data could be deleted by automated systems after inactivity.

In short, the story of your life—stored in pixels instead of paper—could vanish.

The Florida Advantage: Local Counsel Matters

Jupiter and Palm Beach Gardens aren’t Silicon Valley, but they’re home to thousands of entrepreneurs, retirees, and investors whose wealth now spans both real and virtual worlds.

Working with a Florida-based estate planning attorney ensures your documents comply not just with RUFADAA, but also with:

• Florida’s Probate Code

• Florida Trust Code (Ch. 736)

• State privacy and homestead laws

At Welch Law, we combine old-world legal craftsmanship with cutting-edge digital fluency. We speak both “law” and “tech,” ensuring no part of your legacy gets lost in translation.

Take Control of Your Digital Legacy Today

Your online life is an extension of who you are—your ideas, your creativity, your assets, your identity. Protect it the same way you protect your physical estate.

If your will or trust doesn’t include digital asset clauses, it’s time for a refresh. Welch Law can help you:

• Create an inventory of your digital holdings

• Add RUFADAA-compliant provisions to your estate plan

• Secure your cryptocurrency through the Welch Crypto Trust™

• Preserve your digital memories for generations

Because when the time comes, your family shouldn’t have to fight a tech company to preserve your legacy.

Key Takeaways

• Florida follows RUFADAA, which governs access to digital accounts and online property.

• Authorization is everything. Without it, fiduciaries are powerless.

• Crypto and NFTs require special planning. Lost keys mean lost wealth.

• Your will, trust, and power of attorney must include digital asset clauses.

• Digital estate planning is no longer optional. It’s essential for every Florida resident.

About Welch Law, PLLC

Located in the heart of Jupiter, Florida, Welch Law, PLLC is a boutique estate planning firm serving Palm Beach County and beyond. Led by Edward J. Welch, Esq., we help Florida families protect, preserve, and pass down their legacies—digital and otherwise.

Visit www.welch.law or call (561) 413-9536 to schedule a confidential consultation.

Reference: Kitces (March 5, 2025) “Estate Planning In The Digital Age: Why Digital Assets Are A Critical Part And How To Help Clients Address Them”