Digital privacy doesn’t stop being important after death, especially for people who value control over personal content like journals, emails, or cloud storage. While heirs often gain access to digital assets through wills or trusts, not every asset is meant to be shared.
Some people want to keep digital diaries, notes, or conversations private, even after they’re gone. It’s possible to restrict access to those assets, but only if the right legal tools are used.
Florida follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which lets residents decide who gets access to their online accounts after they pass. This law allows people to give or deny permission to trustees, executors, or other fiduciaries.
But there’s a catch: If you don’t spell it out clearly in your trust or will, the platform’s user agreement may control what happens. That means your heirs could get locked out or, worse, get full access when you didn’t want them to.
Although U.S. law doesn’t formally recognize a “right to be forgotten,” Florida residents can build something similar into their estate plans. A revocable trust can include a clause that directs the trustee to delete specific digital accounts or prevent heirs from accessing certain files. These instructions must meet RUFADAA standards and should name the exact platforms or types of content you want kept private.
Even with strong estate planning documents, tech companies might resist. Some platforms don’t allow account ownership by a trust, and others have strict privacy policies that limit what fiduciaries can do.
Trustees often need to provide extra paperwork like trust certificates, account records, and identity verification. If the language in your trust isn’t specific or legally valid under RUFADAA, platforms may refuse to follow it.
At Schnauss Naugle Law, we assist clients who want to protect digital privacy, even after death. If you want to keep certain digital assets off-limits to future heirs, we can write trust language that gives you that control. Contact us today to start building a plan that respects your wishes and protects your digital life.
