We live online now.
Your identity, your money, your memories, every corner of your life sits behind a password. Yet most Floridians never include their digital world in their estate plan. When death or incapacity strikes, loved ones are left scrambling through locked phones, encrypted drives, and faceless tech support queues.
A lifetime of photos. Crypto wallets. Medical portals. Streaming subscriptions. Family videos stored “somewhere in the cloud.” Without clear legal authority and written instructions, all of it can vanish.
At Welch Law, we believe your digital legacy deserves the same protection as your home, your investments, and your family trust.
What Counts as a Digital Asset
If it requires a login, it belongs in your estate plan. Think beyond social media:
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Email accounts containing billing notices and financial statements
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Cloud storage of family photos, legal documents, and business records
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Text messages and voice notes that hold family memories
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Online banking or investment dashboards (even if “view only”)
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Crypto wallets and seed phrases—yes, those count too
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Photo frames synced to the cloud
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Subscription services tied to your credit cards
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Health portals, genealogy sites, loyalty rewards, or travel miles
In today’s world, your digital footprint may be worth more than your physical assets.
Build a Digital Asset Inventory
Make it simple, clear, and human.
Create a plain-language inventory: list each account, what it holds, and what you want done: preserve, hand over, download, or delete. Include passcodes, devices, and the location of backups.
Don’t rely on memory. Rely on a system.
Store Access the Right Way
Use a password manager with an emergency access feature, or keep sealed credentials in a fireproof location. Add instructions for two-factor authentication (how to access recovery codes, secondary devices, or USB security keys).
Your executor can’t manage what they can’t unlock.
Preserve Digital Heirlooms
Some digital assets carry more emotional value than monetary. Export:
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Family photo libraries and shared albums
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Voice notes from loved ones
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Home videos stored in the cloud
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Digital family trees and genealogy data
Leave clear notes on where these live and which apps open them. A single sentence today: “Our family videos are stored in iCloud Drive under Dad’s Apple ID” can save your children years of heartbreak.
Legal Tools That Unlock Access
Name a Digital Executor or Agent
Appoint a trusted individual in your will or trust to manage your digital assets. Grant parallel authority in your durable power of attorney. Florida law now recognizes the right to delegate access to electronic communications, but providers won’t honor it without clear, compliant language.
Use Platform Tools
Turn on Legacy Contact or Memorialization Settings where available: Facebook, Google, and Apple all offer versions. These tools can function faster than a court order and avoid the customer-support dead ends that so many families face.
Align Your Digital Plan with Your Legal Documents
Your digital instructions should harmonize with your estate plan.
Avoid conflict, don’t name a friend as digital executor for an account containing statements for assets that pass to your spouse or trust. Synchronize everything: will, trust, beneficiary designations, and platform tools.
Consistency saves time, money, and family unity.
Prevent Family Conflicts Before They Start
Estate planning is about communication.
If you want one child to handle photos and another to close accounts, say it now. Tell your family what stays public, what stays private, and what gets deleted.
A few conversations now can prevent years of resentment later.
Our Jupiter Estate Planning Team Can Help
Digital estate planning isn’t optional anymore, it’s a requirement for modern Floridians. At Welch Law, we don’t just protect your physical wealth. We protect your digital self.
From adding digital-asset clauses to your trust, to coordinating crypto key storage through the Welch Crypto Trust™, our firm leads Florida in next-generation legacy planning. We help families recover access, preserve memories, and safeguard online assets with discretion and speed.
Don’t leave your legacy to a password reset screen.
Key Takeaways
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Digital assets are part of your estate. Protect them with legal authority, inventory, and access.
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Password managers and two-factor instructions prevent executor lockouts.
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Platform tools + legal planning = faster, lawful access for loved ones.
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A short conversation now saves months of heartache later.
By: Edward J. Welch, Esq. ||| Estate Planning | Wills | Trusts | Asset Protection | Welch Crypto Trust™
If you would like to discuss your legacy options with an estate planning attorney in Jupiter or Palm Beach Gardens, Florida, schedule a complimentary call with Edward J. Welch at Welch Law, PLLC. At Welch Law, WE WANT TO DRAFT YOUR LEGACY!
Reference: The Conversation (June 10, 2025) “Do You Know How To Prepare For Your Digital Life After Death? CU Boulder’s Student-Run Clinic Has Some Advice”


