A widow once came to me months after losing her husband, still unable to access his email. The family photos stored in the cloud, the frequent flyer miles, the small online business he ran. All of it sat behind passwords she did not have and companies that would not talk to her. Our lives have moved online, but most estate plans have not caught up.
Why can’t my family just use my passwords?
Sharing a password list feels like a solution, but it is a legally shaky one. Logging into someone else’s account, even with good intentions, can violate the company’s terms of service and federal privacy and computer fraud laws. Some companies close accounts entirely when they learn the owner has died. Your family needs actual legal authority, not just your login information taped inside a desk drawer.
What is the Florida Fiduciary Access to Digital Assets Act?
Florida adopted this law to solve exactly this problem, and it creates a clear pecking order that surprises many people. First priority goes to the online tools offered by the companies themselves, like Google’s Inactive Account Manager or Facebook’s Legacy Contact settings. Whatever you choose there overrides your will, even a will signed yesterday. Second, if you have not used those tools, your will, trust, or power of attorney controls, but only if it specifically grants your fiduciary authority over digital assets. Third, if you have done neither, the company’s terms of service decide, and those terms rarely favor your family.
What counts as a digital asset?
More than most people think. Email and social media accounts, cloud photo storage, cryptocurrency, domain names, airline miles, payment apps, streaming libraries, and online seller accounts all qualify. For a growing number of my Hillsborough County clients, cryptocurrency alone represents a significant part of their estate, and it can vanish permanently if no one can reach it.
How do you build digital assets into your estate plan?
Three steps. Start with an inventory of your accounts and where they live, kept in a secure place your Personal Representative can find. Next, set up the legacy tools on your major accounts and make sure they match your overall plan rather than contradict it. Finally, have your estate planning documents updated to include specific digital asset authority. Older wills and powers of attorney, even excellent ones, almost never contain this language.
Your online life deserves the same thoughtful planning as your home and your savings. If your estate plan predates the smartphone era, or if you have never addressed your digital assets at all, call the Law Offices of Laurie E. Ohall at (813) 438-8503 to schedule a consultation. We will make sure nothing your family needs is left locked behind a password.