Digital assets are a category of commonly overlooked assets that play a crucial role in your estate plan and the legacy you leave behind at your death. It is all right if you did not consider these items when you first created your will or trust; such a mistake is surprisingly common and, luckily, easy to correct. What are digital assets? They include all of the following: ● your digital photos and videos saved on your phone, in the cloud, or on an external hard drive ● files (such as emails, financial documents, digital business records, etc.) stored in the cloud or on your computer’s hard drive ● cryptocurrency ● nonfungible tokens ● domain names (URLs) ● social media profiles (e.g., Facebook, LinkedIn, X, TikTok, Instagram, Twitch) ● content creation accounts (e.g., YouTube) ● affiliate marketing accounts (e.g., Amazon, Google, ClickBank) ● accounts associated with e-commerce businesses (e.g., Etsy, Shopify) ● physical device backups ● databases (e.g., medical records, cloud storage services) Such digital assets often carry significant real-world value and, in some cases, generate substantial income. Examples include cryptocurrency wallets, domain names (URLs), monetized YouTube channels, influencer accounts, and digital business platforms. These assets may represent a meaningful portion of your estate, sometimes even its most valuable components. You can no longer afford to adopt a wait-and-see approach. Whether or not you proactively plan, your legacy now includes more than just the monetary inheritance, family heirlooms, and personal property you intend to pass along. In today’s world, you must also consider and create a plan for your digital assets. To that end, here are three tips to help you create or update a plan to properly manage, transfer, or preserve your digital assets. 1. Inventory your digital assets. Make a list of every online account you use. If you run a business, be sure to include spreadsheets, digital records, client files, databases, and other digital business documents. Not only will you need this information for your estate plan, but it will also play a crucial role in any business succession plan you create. If it exists online or in the cloud, connects to it, or pertains to it, put it on the list for your attorney and your trusted decision-makers (agent under a financial power of attorney, executor or personal representative, or successor trustee). This list can act as a critical resource when someone needs to step in and manage your digital assets. 2. Designate a Digital Fiduciary (Sometimes Called a Cyber Successor). This is someone you trust who can access your online accounts and business on your behalf if you are incapacitated or after your death. In most cases, this person will also serve in a traditional fiduciary role, such as your agent under a power of attorney, trustee, or personal representative, depending on timing. Access to digital assets is governed by state law (such as the Revised Uniform Fiduciary Access to Digital Assets Act, or RUFADAA, enacted in most states) as well as the terms and conditions of each platform. You should keep your access information secure and consider using the online tools offered by providers (such as Google Inactive Account Manager or Apple Digital Legacy) to ensure your fiduciary can act quickly and legally. 3. Determine the necessary tools to properly record and carry out your wishes and ensure that your legacy continues as you want. Depending on your unique situation, it may be advisable to fund some of your digital assets into a trust or even include specific access in a power of attorney. We can help you determine the best way to protect and pass on your digital assets, select your trusted decision-makers and beneficiaries, and ensure that the right tools are in place so your assets can be accessible when needed. The laws in this arena are evolving, so any planning you have done in the past needs to be reviewed and possibly updated. Potential Pitfalls of Failing to Plan for Digital Assets The worst thing you can do is nothing. Inaction could result in the loss of digital family photo albums, disruption of your business if you are incapacitated, or worse. If this process feels daunting or you are unsure where or how to start, call us. We can help you identify, track, and protect your digital assets to give you peace of mind.

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As the New Year begins, many of us take the opportunity to set goals for personal growth, financial stability, and overall well-being. While these resolutions often include exercising more or saving money, one essential goal that often gets overlooked is estate planning. For Florida residents, the importance of establishing or updating an estate plan cannot be overstated. Here’s why making estate planning a priority this year is one of the best decisions you can make for yourself and your loved ones. What Is Estate Planning? Estate planning involves preparing for the management and distribution of your assets in the event of your incapacitation or passing. A comprehensive estate plan typically includes a will, powers of attorney, healthcare directives, trusts, and beneficiary designations. It’s not just for the wealthy—anyone with assets, children, or specific wishes regarding their healthcare or property can benefit from having a plan in place. Why Is Estate Planning Critical in Florida? Protecting Your Loved Ones Florida’s probate process can be lengthy and costly, potentially causing stress and financial strain for your family. By having a well-prepared estate plan, you can simplify or even avoid probate, ensuring your loved ones have access to the resources they need without unnecessary delays. Avoiding Intestate Succession If you pass away without a will, Florida’s intestate succession laws dictate how your assets are distributed. This can lead to outcomes that may not align with your wishes. Creating a clear estate plan allows you to determine exactly who receives what, giving you peace of mind that your legacy is protected. Addressing Unique Florida Considerations Florida’s homestead laws, which protect your primary residence from creditors, and its tax-friendly environment make estate planning especially advantageous. However, these laws also introduce complexities that require careful planning to ensure your assets are handled as intended. Preparing for Incapacity Estate planning isn’t just about what happens after you’re gone. Documents like a durable power of attorney and healthcare surrogate designation ensure your financial and medical decisions are made by someone you trust if you become incapacitated. Steps to Start Your Estate Plan Take Inventory of Your Assets: Identify your property, financial accounts, and other assets. Don’t forget to account for non-tangible items like digital accounts or intellectual property. Define Your Goals: Decide how you want your assets distributed and who should make decisions on your behalf if you’re unable to. Consult an Estate Planning Attorney: Laws vary by state, and working with an attorney familiar with Florida’s estate laws ensures your plan is legally sound and optimized for your situation. Blade & Blade, P.A. offers a free consultation which can be done in person at our offices, Zoom or by phone. Update Beneficiary Designations: Ensure accounts like life insurance, retirement funds, and payable-on-death accounts reflect your current wishes. Communicate with Your Loved Ones: Discuss your plans with family members to minimize confusion and potential conflicts in the future. Make It a New Year’s Resolution Starting or updating your estate plan doesn’t have to be daunting. Break it down into manageable steps and set realistic timelines to complete each phase. By prioritizing this goal early in the year, you can approach the months ahead with confidence, knowing you’ve taken a significant step toward securing your family’s future. Final Thoughts Estate planning is not a one-size-fits-all process. Your plan should be tailored to your unique needs and Florida’s specific legal environment. As you set your New Year’s resolutions, consider the peace of mind and security an estate plan provides. It’s an investment in your legacy and your loved ones’ well-being—one that will pay dividends for years to come. Take the first step today and make 2025 the year you prioritize estate planning. Your future self—and your family—will thank you. Give us a call at 954-429-1200 to schedule a consultation!

Estate planning lawyers in Boca Raton, FL, can help with wills, trusts & asset protection. Secure your future! Call Blade & Blade P.A. at (954) 429-1200 today.

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