Don’t Forget These Assets in Your Florida Will or Trust

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When creating your will or trust, it’s easy to focus on big assets like your home, savings, and vehicles. Many Floridians overlook other types of property, especially digital accounts and personal items, that can cause confusion and problems later. Here’s how working with a wills lawyer in St Augustine, FL can help ensure no asset is forgotten.

Estate planning is about more than distributing property it’s about providing peace of mind for your loved ones. While most people remember to include major assets, smaller or less obvious items are often left out of wills and trusts. These omissions can delay estate administration or create unnecessary stress for family members.

At E.P.P.G. Law of St. Johns, we help clients throughout St. Augustine and Palm Coast organize both traditional and digital assets so that every part of their estate plan works together.

Why Some Assets Are Often Overlooked

Even the most organized individuals can miss certain types of property when planning their estates. Some assets are easy to forget because they don’t generate paper statements, or they exist entirely online.

A wills lawyer in St Augustine, FL, can help you take inventory of every category of property, including those you may not realize have legal or financial significance.

Commonly overlooked assets include:

  • Digital property: Email accounts, social media profiles, photos, and cryptocurrency.
  • Reward programs: Airline miles, credit card rewards, and hotel points.
  • Online financial accounts: PayPal, Venmo, or digital investment accounts.
  • Intellectual property: Blogs, domain names, or digital art.
  • Personal keepsakes: Jewelry, heirlooms, or collectible items with sentimental value.

What Counts as a “Digital Asset”?

Technology has changed how we define ownership. Today, much of our financial and personal life exists online, from bank accounts to family photo libraries. In estate planning, digital assets refer to electronic communications, online accounts, and any data stored on computers, phones, or cloud-based platforms.

Examples of Digital Assets

  • Emails, photos, and videos stored in the cloud
  • Social media accounts (Facebook, Instagram, LinkedIn, etc.)
  • Cryptocurrency or digital wallets
  • Domain names or websites
  • Online reward programs
  • Stored documents on Google Drive or Dropbox

The challenge with digital assets is that ownership is often limited by Terms of Service Agreements (TOSAs). Even if your executor has your passwords, they may not have the legal authority to access certain accounts. A wills lawyer in St Augustine FL can include provisions in your estate plan to authorize your chosen representative and ensure these assets are properly managed.

How to Include Digital Assets in Your Estate Plan

Creating a digital inventory is the first step to protecting these valuable assets. A complete list not only helps your executor locate and manage online accounts but also ensures your digital property is handled according to your wishes. 

Taking the time now to organize this information can save loved ones from confusion or delays later.

Some online platforms, such as Google or Facebook, allow users to name someone to manage their accounts after death. 

Your Inventory Should Include:

  • The type of asset (e.g., social media, cryptocurrency, reward points)
  • Where it’s located (URL or platform)
  • Usernames and access details (stored securely, not in your will itself)
  • Two-factor authentication information, if applicable
  • Any instructions for how accounts should be managed or closed

Other Assets That Deserve Attention

While digital property is a growing concern, many physical and financial assets are just as easy to overlook. Make sure your will or trust also accounts for:

  • Business interests: Include clear instructions for succession or sale to avoid confusion for family members.
  • Collectibles and family heirlooms: Appraise valuable items and record who should receive them to help prevent disputes.
  • Firearms: Florida has specific laws for firearm transfers—your attorney can guide you on creating a gun trust or other compliant plan.
  • Vacation properties and timeshares: These can be costly to maintain. Talk with your heirs to confirm whether they wish to keep or sell them.

How a Wills Lawyer in St Augustine, FL Can Help

Working with a local attorney means your documents comply with Florida law and reflect the most recent legal standards, including rules governing fiduciary access to digital assets. By keeping your plan up to date, you’ll give your loved ones the gift of clarity, not confusion.

Key Takeaways

  • Don’t overlook digital property: Social media, cryptocurrency, and online accounts should be part of your estate plan.
  • Inventory everything: Keep a detailed record of assets, login information, and instructions for access.
  • Consider less obvious assets: Timeshares, collectibles, firearms, and business interests all need attention.
  • Work with a local attorney: A wills lawyer in St Augustine FL can help ensure every asset is accounted for and protected.

Plan for Peace of Mind

Your will or trust should reflect every part of your life, digital and tangible alike. By reviewing your estate plan with a trusted wills lawyer in St Augustine FL, you can make sure nothing is left out and every detail reflects your wishes.

At E.P.P.G. Law of St. Johns, we’re here to help you plan with care, compassion, and confidence. Request a consultation today to get started. 

References: Cape Gazette (Feb. 7, 2025) “Estate Planning for Digital Assets” and The Wall Street Journal (June 29, 2024) “Grief, Then Paperwork: The Messy, Thankless Job of an Estate Executor” and Kiplinger (Aug. 16, 2024) “Six of the Worst Assets to Inherit

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E.P.P.G. Law of St. Johns – St. Augustine, FL