Protecting Your Digital Income: Estate Planning for Crypto, Streaming, and Online Assets in Florida

by Attorney Carolina Nunez, Esq.

When you earn income from cryptocurrency, NFTs, or monetized online accounts, your digital presence can be just as valuable as your bank account. As the internet has shown time and again, even a short absence can cause a storm.

Think about a well-known streaming personality who disappears for only a few days — no posts, no streams, no updates. Followers start speculating, social media lights up, rumors fly, and brand partners get nervous. Now imagine that absence isn't by choice — it's because the creator is in the hospital, recovering from surgery, or otherwise unable to log on.

Without a legal plan that authorizes someone to step in, digital assets like crypto wallets, ad revenue, and brand sponsorships could stall, expire, or be lost entirely.

What is Digital Estate Planning?

Digital estate planning is the legal process of protecting and transferring your online assets, including cryptocurrency, NFTs, social media accounts, email accounts, cloud storage, and monetized content platforms. Unlike traditional estate planning that focuses on physical property and bank accounts, digital estate planning addresses the unique challenges of virtual assets that require passwords, private keys, and platform-specific access protocols.

For content creators, influencers, gamers, and crypto investors in Florida, digital estate planning ensures your income streams continue, your brand remains protected, and your loved ones can access valuable digital property when you cannot.

If you have monetized social media accounts, gaming accounts, crypto, NFTs, or other digital assets — hiring a digital estate planning attorney may protect you, your brand, and loved ones.

Why Incapacity is a Bigger Threat Than Most People Realize

In Florida, digital assets are considered part of a probate estate. This includes everything from email accounts to monetized YouTube channels, cryptocurrency, and non-fungible tokens (NFTs). Without explicit authorization, fiduciaries may be barred from accessing digital assets due to privacy laws or service provider restrictions.

Real-World Examples of Digital Asset Loss

Stefan Thomas was locked out of more than 7,000 BTC—worth several hundred million dollars—because of a password issue. His case illustrates how even sophisticated crypto holders can lose everything without proper backup systems.

In July 2025, popular Twitch streamer CaseOh vanished from streaming for a full week due to a serious health emergency. His absence created intense speculation among fans, with thousands asking if he was okay. When he returned, he confirmed he'd nearly died, proving how vulnerable a creator's income and audience are to unexpected incapacity.

Common Causes of Incapacity That Affect Digital Asset Owners

Incapacity can occur at any age due to:

• Car accidents

• Strokes or heart attacks

• Severe illness or surgery

• Cognitive impairment

• Unexpected medical emergencies while traveling

• Mental health crises

If you own digital assets — such as crypto wallets, NFTs, YouTube monetization accounts, or Twitch streaming channels — these income streams could stall or disappear if no one has legal authority and technical ability to manage them.

At The Law Offices of Carolina Nunez, P.A. () we can help. We are conveniently located in Winter Park near Orlando. We offer both online and in-person appointments.

Why Crypto and Streaming Accounts Are Different From Other Assets

1. No Reset Options for Crypto

• With a traditional bank, you can get a replacement card or reset your password.

• With crypto, if your private key or seed phrase is gone, the asset is lost.

• There is no customer service department that can restore access to a Bitcoin wallet or Ethereum holdings.

• This makes cryptocurrency one of the most vulnerable asset types during incapacity.

2. Platform Restrictions for Streaming Accounts

• Twitch, YouTube, Patreon, OnlyFans, and other platforms have their own rules for account transfers.

• Most require legal authority — and may resist access requests unless backed by a court order or notarized document.

• Some platforms explicitly prohibit account transfers, making advance planning with proper legal documentation essential through estate planning services.

3. Contractual Deadlines

• Streaming and content creator contracts often have strict timelines for deliverables.

• An unexpected break can lead to financial penalties and breach-of-contract disputes.

• Brand partnerships, sponsorship agreements, and affiliate marketing contracts may terminate automatically if content obligations aren't met.

  
  

4. Algorithm Penalties

• YouTube, TikTok, Instagram, and Twitch algorithms punish inactivity.

• Missing even a week of regular posting can devastate your reach, engagement rates, and monetization eligibility.

• Without someone authorized to maintain your posting schedule through proper power of attorney documentation, years of audience-building can disappear.

5. Domain and Hosting Expiration

• If your tech business relies on domain names, websites, or email hosting services, missed renewal payments during incapacity can result in losing your brand name, email access, and entire web presence to domain squatters.

Florida Legal Tools for Incapacity Planning

Florida's Fiduciary Access to Digital Assets Act (Florida Statutes Chapter 740) allows you to name someone with the legal right to access and manage your online accounts if you're incapacitated — but you must proactively authorize it in your estate plan.

The Importance of Hiring the Right Attorney

If you own crypto, NFTs, gaming accounts, streaming revenue, or any digital property, you need an estate plan built by an attorney that understands technology. The last thing you want is an attorney that can't turn a Word document into a PDF without needing help (it happens a lot more than you think!).

At The Law Offices of Carolina Nunez, P.A., we combine legal expertise with technical knowledge:

• Cybersecurity certifications

• Cryptocurrency and blockchain law specialization

• Understanding of content creator platforms and contracts

• Experience with digital forensics and investigations

We serve content creators, crypto investors, NFT collectors, gamers, and online entrepreneurs throughout Central Florida and beyond. The Law Offices of Carolina Nunez, P.A. are conveniently located in Winter Park near Orlando. We offer virtual appointments throughout all of Florida. You can request to book online today.

If you prefer to call us: (407) 900-FIRM