Digital Heirlooms: Passing Down Crypto, NFTs & Social Media in FL

Digital heirlooms have exploded far beyond family photos on a dusty hard drive. Today’s digital heirlooms span Bitcoin wallets, prized NFT art, monetized YouTube channels, Instagram brand deals, and the memories stored in a private Facebook group. Florida leads the nation in retirement migration and cryptocurrency adoption, so handling digital heirlooms correctly is now as critical as titling a house deed or funding a revocable trust.

1. What Counts as Digital Heirlooms in 2025?

Florida lawyers define digital heirlooms as “controllable electronic records”—the exact phrase Florida adopted when it enacted UCC Article 12 (HB 515) on May 23, 2025 jdsupra.com. Under that statute, digital heirlooms include:

1. Cryptocurrency & stablecoins stored on exchanges or cold wallets.

2. Non-fungible tokens (NFTs) such as generative art or virtual-land deeds.

3. Metaverse and gaming assets, from Roblox Robux to Fortnite skins.

4. Monetized content streams, e.g., a TikTok Creator Fund account.

5. Domain names & blogs that pull affiliate revenue.

6. Password-protected photos, email, and cloud backups.

Every example above is a form of digital heirlooms, and each one can be lost forever if heirs cannot unlock the account, satisfy Florida disclosure law, or cover IRS tax reporting.

2. Florida’s Legal Toolbox for Digital Heirlooms

RUFADAA (Chapter 740)

Florida’s Revised Uniform Fiduciary Access to Digital Assets Act authorizes a personal representative, trustee, or agent under power of attorney to demand disclosure of digital heirlooms—but only if the owner granted that right in a will, trust, or online-tool directive leg.state.fl.usflsenate.gov. Absent permission, providers may reveal only “metadata,” not the content itself, leaving your digital heirlooms trapped.

Article 12 CERs

HB 515 grants bona-fide purchasers the power to take digital heirlooms “free and clear,” mirroring negotiable-instrument law. That’s good news for heirs who must liquidate NFTs quickly, yet dangerous if hackers access your seed phrase. Explicit fiduciary powers to sell, stake, or burn digital heirlooms should now appear in every Florida estate plan.

3. Cryptocurrency: Keys, Custody, and 1099-DA

Private keys are the literal keys to digital heirlooms like Bitcoin; lose them, and no court can restore access. The IRS began requiring brokers to file the new Form 1099-DA on January 1, 2025 irs.gov, so your executor must:

• Locate seed phrases or hardware wallets.

• File a final tax return reporting capital gains irs.govirs.gov.

• Transfer assets to a wallet under estate EIN control.

Pro tip: store a shamir-secret-sharing card inside a bank safe-deposit box and reference its location in your will’s digital heirlooms memorandum.

4. NFTs: More Than JPEGs

High-value NFT collections qualify as digital heirlooms and often require a gas-fee payment to transfer. Estate liquidity planning now means holding a small ETH balance in the trust wallet, or heirs might watch a bear market erode value while they scrape up cash blakeharrislaw.com. Place top-tier NFTs in a revocable living trust during life; probate clerks rarely understand ERC-721 tokens, and delays can tank prices.

5. Social-Media Legacies and Creator Income

Meta’s Legacy Contact tool lets an Instagram or Facebook account convert to “In Memoriam,” but only if you pre-authorize it in platform settings. A 2025 industry survey found more than 60 percent of influencer estates lost ad revenue for 90 days because heirs lacked access codes shouplegal.com. For Florida residents, include login credentials plus two-factor backup codes in the same secure vault that stores other digital heirlooms.

6. Five-Step Digital Heirlooms Action Plan

Date	Digital Heirlooms Task	Who Leads
July 31	Draft a stand-alone Digital Heirlooms Memorandum listing every wallet, exchange, platform, and two-factor method	You
Aug 7	Add “controllable electronic records” power to your revocable trust and durable POA	Estate attorney
Aug 14	Enable Legacy Contact (Meta), Inactive Account Manager (Google), and Memorializer (X)	You
Aug 21	Transfer high-value NFTs to trust wallet; leave ETH for gas fees	Crypto custodian
Aug 28	Photograph hardware wallets & store images in encrypted cloud folder	Tech-savvy family member

Complete these tasks and your digital heirlooms should survive hurricanes, hackers, and probate queues alike.

7. Common Pitfalls Floridians Must Avoid

1. Leaving keys in a fire-safe only heirs can’t open. Use dual access.

2. Assuming a will covers everything. Many exchanges ignore wills without RUFADAA-compliant language.

3. Forgetting tax basis. Heirs need cost-basis records to avoid double taxation of digital heirlooms.

4. Mixing business and personal accounts. Keep creator-brand income in an LLC that flows into your trust.

5. Skipping updates. New wallets and platforms appear yearly; review digital heirlooms quarterly.

8. FAQ

Q: Can I just give my kids my seed phrase today?A: That’s a gift with potential gift-tax consequences and zero creditor protection. Place digital heirlooms inside a trust instead.

Q: What if Meta or Coinbase changes its terms?A: Re-visit online tools annually; under RUFADAA, a platform directive overrides your will regarding digital heirlooms.

Q: Will my spouse owe estate tax on NFTs?A: Digital heirlooms are subject to the same $13.99 million 2025 exemption; use portability or a bypass trust if your combined estate, including crypto, exceeds that figure.

Bottom Line

Digital heirlooms represent real money, irreplaceable memories, and—thanks to Florida’s 2025 laws—a brand-new category of property that demands precision. By inventorying wallets, updating fiduciary powers, leveraging platform legacy tools, and storing credentials securely, you ensure digital heirlooms reach the next generation without drama.

Ready for a comprehensive digital heirlooms audit? Contact Absolute Law Group before your next password update and lock in a plan as future-proof as the blockchain itself.

Sources