What counts as a digital asset in modern estate planning?

by Andrew Rosenberg | Oct 13, 2025 | Estate Planning

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In today’s world, estate planning is no longer limited to bank accounts, properties, and life insurance. As Andy Rosenberg explains, it’s also about securing your digital life—everything you own or manage online. Digital assets include online banking accounts, cryptocurrency, websites, social media pages, and even cloud-stored photos and documents.

While many people think of digital assets only in financial terms, Andy emphasizes that they can also be deeply personal and sentimental. Photos, videos, emails, and creative works like books or blogs are part of your legacy and deserve the same protection as traditional assets.

What digital assets do people often overlook?

Most people underestimate how many digital assets they have until they try to list them. Beyond social media accounts and online banking, your estate plan should consider:

  • Cloud photo storage (Google Photos, iCloud, Dropbox)
  • Social media accounts (Facebook, LinkedIn, Instagram, YouTube)
  • Cryptocurrency wallets and keys
  • Business websites and online stores
  • Copyrighted works or eBooks

Andy notes that even your debts and liabilities are tied to your digital life. For example, online access may be needed to pay your mortgage, car loan, or credit card bills. Without proper access, surviving family members may be locked out of critical financial responsibilities.

What happens if you ignore digital assets in your estate plan?

When digital assets aren’t documented or secured properly, families can face serious problems. Andy shares a real example of a client whose father invested hundreds of thousands of dollars in cryptocurrency. After the father passed away, the son couldn’t access the funds—he didn’t have the private encryption key. Despite every attempt to recover it, the money was lost forever.

In another case, a woman couldn’t unlock her late brother’s iPhone to retrieve important information. Because Apple doesn’t release account access without legal authorization, Andy had to open a probate case solely to obtain a court order allowing her to recover the data. These situations, he explains, are becoming increasingly common and can turn a manageable estate into a legal nightmare.

How can you legally protect your digital life?

To prevent these issues, Andy developed a secure solution for his clients called the Legacy Portal—a private online tool that stores all digital information safely in one place. Each client receives a unique username and password to access their portal, where they can store:

  • Login credentials for all digital accounts
  • Asset and liability details
  • Social media information
  • Personal notes or videos for loved ones
  • Copies of key legal documents

When the time comes, the person in charge—often a spouse or personal representative—can access everything through a single secure link and password. Andy also recommends clients print a QR code linking to the portal and store it with their estate documents to ensure easy access when needed.

Why does organizing digital assets bring peace of mind?

Andy shares that even he uses the Legacy Portal for his own affairs. Before undergoing surgery, he personally uploaded all his important data—financial accounts, passwords, and social media details—so that his wife could easily access them if needed.

When he told her everything was organized and secure, she expressed huge relief. That moment, Andy says, reinforced how critical it is to remove uncertainty for your loved ones. As of today, more than 170 of his clients have signed up for the Legacy Portal, each describing it as a major source of peace of mind.

What digital privacy laws exist in Florida?

While digital assets are becoming more common, the laws protecting them are still catching up. Andy explains that in July 2024, Florida introduced the Florida Digital Bill of Rights, which gives residents limited control over how large tech companies handle their personal data.

However, this law mainly applies to companies with annual revenues of over a billion dollars and doesn’t address personal estate access. Another law, the Florida Information Protection Act (FIPA), requires businesses to safeguard customer information—but again, it doesn’t solve the issue of digital inheritance. In short, the legal framework around digital estate planning remains fragmented. That’s why Andy encourages individuals to take personal responsibility and put systems in place now.

How should cryptocurrency be included in an estate plan?

Cryptocurrency poses unique challenges because access depends entirely on private keys and passwords. If those are lost, the assets are gone forever. Andy recommends clients store their crypto keys securely in the Legacy Portal, protected by two-factor authentication. This ensures heirs can access valuable assets without compromising security.

What steps should you take to organize your digital estate?

Andy advises everyone to take three key steps:

  1. Centralize everything – Create one secure place (digital or physical) where all accounts, passwords, and access instructions are stored.
  2. Designate a “digital executor” – Assign someone responsible for managing your digital life after death or incapacity.
  3. Update regularly – Review and refresh your records as accounts or passwords change.

By doing this, families can prevent confusion, financial loss, and emotional stress during already difficult times.

Final Thoughts

As Andy puts it, your digital life is part of your legacy. If you don’t include it in your estate plan, your loved ones may be locked out of essential information, memories, and financial accounts.

Taking time now to organize your digital world ensures that when the time comes, everything your family needs is clear, accessible, and secure.

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