By Kylie Riordan*
This Article explores the complexities surrounding the disposition of non-financial, sentimental digital assets, specifically email accounts, social media accounts, and electronic data stored across devices and cloud platforms. As personal information and communications are predominantly stored in digital form today, leading technology companies have begun offering online tools, most recently Apple’s Legacy Contact, that allow users to designate individuals who can access their digital assets upon their death. This Article analyzes the Florida Fiduciary Access to Digital Assets Act (the “Florida Act”) and identifies foreseeable challenges facing users, personal representatives, legacy contacts, lawyers, and the courts. This Article first proposes an amendment to the Florida Act stipulating that a user’s valid estate planning documents override any conflicting online tool designation. This Article proposes another amendment to the Florida Act that limits custodians’ discretion to require a court order when disclosing non-content digital assets of the user to fiduciaries, most importantly personal representatives. Lastly, this Article offers guidance to estate planning attorneys on implementing preventative measures and addressing essential considerations to ensure that the client’s testamentary wishes are accurately and efficiently fulfilled.