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Digital Asset Planning Lawyer | Los Angeles & Santa Barbara

Securing Cryptocurrency & Online Legacies Under RUFADAA Law

Your digital assets - cryptocurrency, social media accounts, online banking, cloud storage, email, digital photos, and online businesses - can be lost forever without proper planning. We help you create a comprehensive digital asset plan that ensures your fiduciaries can access and manage your online life.

Digital Asset Planning $995+
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Speak with a Digital Asset Planning Attorney:

(818) 291-6217

Why Choose Law Offices of Rozsa Gyene for Digital Asset Planning?

5000+ Families Served Since 2001
California State Bar #208356 Licensed & Verified
A+ Rated Better Business Bureau
25+ Years Experience Estate Planning Experts
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Digital Legacy Planning in LA & Santa Barbara

Digital asset planning ensures your fiduciaries can access, manage, and distribute your online accounts and digital property after your death or incapacity. Without proper planning, valuable assets can be permanently lost, accounts frozen, businesses disrupted, and priceless memories locked away forever.

Your digital assets include cryptocurrency wallets and private keys, online banking and investment accounts, email and social media accounts, cloud storage files (Google Drive, iCloud, Dropbox), digital photos and videos, online business assets and websites, domain names and intellectual property, digital music and movie libraries, gaming accounts and in-game currency, NFTs and blockchain assets, and subscription services.

California's Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provides a legal framework for fiduciary access to digital assets, but you must take specific steps to grant this access. Many online platforms have Terms of Service agreements that restrict or prohibit account access by third parties, creating legal complications for executors and trustees.

We help you navigate this complex legal landscape by incorporating digital asset provisions into your trust, appointing a digital executor who understands technology, creating secure password management systems, utilizing platform-specific legacy tools (like Google's Inactive Account Manager or Facebook's Legacy Contact), and ensuring compliance with both RUFADAA and Terms of Service agreements to prevent account closures and legal liability.

California's RUFADAA Law: Your Digital Legacy Rights

The Revised Uniform Fiduciary Access to Digital Assets Act (California Probate Code §§ 870-884) gives fiduciaries legal authority to access digital assets—but only if properly authorized in your estate plan.

Legal Authority

RUFADAA overrides restrictive Terms of Service agreements, giving your trustee or executor the legal right to access, copy, or delete digital assets per your instructions.

Express Authorization

You must specifically grant digital asset access in your living trust or will. Generic estate planning documents may not provide adequate authority.

Privacy Protection

You control what fiduciaries can access—grant full content access, limit to catalogue (list of accounts), or restrict access to specific assets only.

Protect Your Digital Life

Cryptocurrency Protection

Secure private keys, wallet passwords, and recovery phrases so heirs can access Bitcoin, Ethereum, and other crypto assets worth thousands or millions.

Online Banking Access

Enable fiduciaries to manage your online bank accounts, investment platforms, retirement accounts, and payment systems like PayPal and Venmo.

Email & Communications

Grant access to email accounts for important communications, account recovery, two-factor authentication, and locating other accounts and assets.

Digital Memories

Preserve family photos, videos, and memories stored in cloud services, social media, and digital devices so they're never lost to your family.

Online Business Continuity

Ensure websites, e-commerce stores, domain names, and digital businesses can continue operating or be sold without losing value or customers.

Social Media Management

Control what happens to Facebook, Instagram, Twitter, LinkedIn, and other accounts - memorialization, deletion, or legacy access per your wishes.

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Cryptocurrency Warning: $140+ Billion in Bitcoin Lost Forever

According to Chainalysis, approximately 20% of all Bitcoin ($140+ billion) is permanently inaccessible because owners died without sharing private keys or recovery phrases. Unlike bank accounts, cryptocurrency cannot be recovered through probate court orders—the blockchain has no customer service.

If you hold cryptocurrency (Bitcoin, Ethereum, Solana, or any digital currency), proper estate planning is not optional—it's the only way to ensure your heirs can access your crypto assets. We help clients in Silicon Beach, Goleta's tech hub, and throughout LA & Santa Barbara protect digital wealth.

Our Digital Asset Planning Process

1

Asset Inventory

Identify all digital accounts, cryptocurrencies, and online property

2

Access Strategy

Create secure system for password management and fiduciary access

3

Legal Documentation

Draft RUFADAA-compliant trust provisions and digital executor appointment

4

Platform Integration

Configure legacy tools on major platforms and ensure Terms compliance

Types of Digital Assets Requiring Estate Planning

Digital assets span four major categories, each with unique access requirements and legal considerations under California's RUFADAA law.

Financial Assets

  • Cryptocurrency (Bitcoin, Ethereum, etc.)
  • NFTs & blockchain assets
  • Online banking & brokerage accounts
  • PayPal, Venmo, Zelle accounts
  • Retirement accounts with online access
  • Rewards points & airline miles

Business Assets

  • Websites & domain names
  • E-commerce stores (Shopify, Amazon)
  • Email lists & CRM data
  • Social media business accounts
  • Digital advertising accounts
  • SaaS subscriptions & licenses

Personal Assets

  • Photos & videos (iCloud, Google Photos)
  • Email accounts (Gmail, Outlook)
  • Social media profiles
  • Cloud storage (Dropbox, OneDrive)
  • Digital music & movie libraries
  • Gaming accounts & virtual items

Access Credentials

  • Password manager master keys
  • Crypto private keys & seed phrases
  • Hardware wallet PINs
  • Two-factor authentication devices
  • Smart home & security systems
  • Vehicle digital keys

RUFADAA Fiduciary Access Hierarchy

California Probate Code § 871 establishes a priority system for digital asset access. Understanding this hierarchy is critical for effective planning.

Priority
Access Method
Legal Effect
1
Online Tool Direction
Google Inactive Account Manager, Facebook Legacy Contact
Highest priority—overrides all other instructions including your trust or will
2
Estate Planning Document
Living trust, will, or power of attorney with RUFADAA provisions
Controls if no online tool designation exists—this is where we help you
3
Terms of Service Agreement
Platform's default rules for deceased user accounts
Applies only if no estate plan provisions exist—often very restrictive
4
Default Law
RUFADAA default provisions (catalogue access only)
Last resort—fiduciary gets list of accounts but no content access

Key Takeaway: Without proper planning, your fiduciary may only receive a list of accounts—not access to content. Our living trusts include specific RUFADAA authorization for full digital asset access.

Frequently Asked Questions

What are digital assets and why do they need special planning?

Digital assets include cryptocurrency, online banking accounts, email, social media profiles, cloud storage files, digital photos, online business assets, domain names, NFTs, and gaming accounts. They need special planning because they're governed by Terms of Service agreements, require passwords, may be subject to federal computer fraud laws, and can be permanently lost without proper documentation.

What is RUFADAA and how does it protect my digital assets?

RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) is California law allowing fiduciaries to access digital assets if authorized in your estate plan. It overrides restrictive Terms of Service that would otherwise prevent access. RUFADAA protects your digital legacy by giving your trustee or executor legal authority to manage email, social media, online banking, and other digital accounts after your death or incapacity.

How do I give someone access to my digital accounts after I die?

California's RUFADAA allows you to grant fiduciaries access through specific authorization in your trust or will, use of online tools provided by custodians (like Google's Inactive Account Manager or Facebook's Legacy Contact), or direct instructions to account custodians. Comprehensive digital asset plans comply with both state law and individual platform Terms of Service.

What happens to my cryptocurrency when I die?

Cryptocurrency can be permanently lost if private keys, wallet passwords, or recovery phrases aren't accessible to your heirs. Unlike traditional banks, there's no customer service to help recover lost crypto. Proper planning includes documenting wallet information, storing private keys securely but accessibly, naming a digital executor who understands crypto, and creating a secure system balancing heir access with lifetime protection.

Should I include my passwords in my estate plan?

Never include actual passwords in your trust or will—these documents can become public. Instead, use a password manager to store credentials securely, reference its existence in your estate plan, grant your digital executor legal authority to access accounts under RUFADAA, and store the master password separately in a secure location with clear instructions.

Can my family access my social media accounts after I die?

It depends on the platform's Terms of Service and your estate planning. Under RUFADAA, you can grant fiduciaries access, but platforms have their own policies. Facebook allows legacy contacts for memorialized accounts. Google's Inactive Account Manager lets you decide what happens after inactivity. Instagram, Twitter, and LinkedIn have memorialization or deletion policies.

How do I protect my business digital assets in estate planning?

Business digital assets include websites, domain names, email lists, customer databases, social media business accounts, e-commerce platforms, digital advertising accounts, and intellectual property stored online. Protection requires documenting all accounts and credentials, naming a digital business successor who understands your operations, ensuring continuity of email and customer communications, protecting trade secrets and proprietary information, and transferring domain names and hosting accounts without disrupting business operations.

Private Key Security: The Critical Balance

Cryptocurrency private keys present a unique challenge: they must be secure enough to protect against theft during your lifetime, yet accessible enough for heirs after your death.

Common Mistakes

  • Writing seed phrases in your will (public record)
  • Storing keys in a safe deposit box (may require probate)
  • Telling one person the full key (security risk)
  • No documentation (assets lost forever)

Best Practices

  • Split seed phrases between multiple locations
  • Use hardware wallets with documented PINs
  • Create a crypto-specific instruction letter
  • Name a tech-savvy digital executor

Online Business Succession for Tech Entrepreneurs

Los Angeles and Santa Barbara counties are home to thriving tech ecosystems—from Silicon Beach startups in Santa Monica, Venice, and Playa Vista to the growing tech hub in Goleta. We help tech entrepreneurs protect their digital businesses.

Digital Business Assets

Your online business represents significant value that can be lost without proper planning:

  • SaaS platforms and subscription revenue
  • Domain portfolios and web properties
  • E-commerce stores and customer data
  • Digital advertising accounts (Google, Meta)
  • Intellectual property and source code

Business Continuity Planning

Ensure your digital business can continue or be properly sold:

  • Document hosting, DNS, and infrastructure access
  • Name a technical successor who understands operations
  • Create instructions for ongoing maintenance
  • Address customer communication and contracts
  • Plan for intellectual property transfer

Whether you're a Silicon Beach founder, a Goleta tech professional, or run an online business from anywhere in Southern California, we can help protect your digital enterprise. Learn about Business Succession Planning →

Creating Your Digital Asset Inventory

A comprehensive inventory is the foundation of digital asset planning. Without it, your fiduciaries won't know what accounts exist or how to access them.

What to Document

  • Account name and website URL
  • Username or email associated
  • Purpose and approximate value
  • Two-factor authentication method
  • Recovery email or phone number
  • Any linked accounts or services

Secure Storage Options

  • Password manager (1Password, LastPass, Bitwarden)
  • Encrypted USB drive in secure location
  • Physical document in fireproof safe
  • Attorney-held sealed instructions
  • Split storage for high-value crypto

What NOT to Do

  • List passwords in your will or trust
  • Email credentials to yourself
  • Store keys on an internet-connected device
  • Give full access to one person
  • Forget to update after changes

Serving LA & Santa Barbara Tech Communities

We provide digital asset planning for tech professionals, cryptocurrency holders, and online business owners throughout Southern California's innovation corridors.

Silicon Beach

Santa Monica • Venice • Playa Vista • Culver City • Marina del Rey • El Segundo

Santa Barbara Tech Hub

GoletaSanta BarbaraMontecitoCarpinteria

Greater Los Angeles

Los AngelesPasadenaGlendaleBurbank • Hollywood • Downtown LA

All California

We serve clients throughout California with digital asset planning, including remote consultations for tech professionals statewide.

Platform-Specific Legacy Tools

Major platforms offer legacy tools that—under RUFADAA—take priority over your estate plan. We help you configure these tools to work with your overall digital asset strategy.

Google

Inactive Account Manager: Choose what happens to Gmail, Drive, Photos after period of inactivity. Can notify contacts and share data or delete account.

Apple

Digital Legacy Program: Designate Legacy Contacts who can request access to iCloud data, photos, messages after your death with proper verification.

Facebook/Meta

Legacy Contact: Designate someone to manage your memorialized profile, post tributes, respond to friend requests, or request account deletion.

Coinbase

Vault & Beneficiaries: Set up beneficiary designations for Coinbase accounts. For self-custody (Coinbase Wallet), private key planning is essential.

Ledger/Trezor

Hardware Wallets: No built-in legacy features—24-word seed phrase is the key. Proper documentation and secure storage planning is critical.

LinkedIn

Memorialization: Family members can request profile memorialization or removal. No pre-designated legacy contact feature currently available.

Don't Let Your Digital Assets Disappear

Create a comprehensive digital asset plan to protect your online life and legacy.

Schedule Consultation

Speak with a Digital Asset Planning Attorney:

(818) 291-6217

Related Estate Planning Services

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Include RUFADAA digital asset provisions in your comprehensive estate plan

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Trust Administration

For successor trustees managing digital assets after death

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Heggstad Petition

Transfer assets left out of trust—including digital assets—without probate

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Power of Attorney

Grant digital asset access authority during incapacity

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