The concept of posthumous AI avatars — digital recreations of a person’s voice, image, and likeness after death — has moved from science fiction into present reality, forcing estate planners to confront an entirely new category of legacy management.
As AI capabilities accelerate, wealth advisors and RIAs need to be proactive in helping clients define exactly how — or whether — their digital identity should persist after they are gone.
From Science Fiction to Estate Planning Priority
Last week, a “one-of-a-kind interview” aired on The Jim Acosta Show. The guest was Joaquin Oliver — but not the living person. Oliver, killed in 2018 during the Parkland school shooting, appeared via an AI-generated avatar, created with the permission of his father. This widely publicized event has intensified client concerns about unauthorized “digital resurrection,” especially in an era when AI can convincingly replicate a voice, facial expressions, and mannerisms from existing photos, videos, and audio clips.
For advisors, this is not just a celebrity issue. Any client with a public footprint — executives, professionals, content creators, even private individuals with an online presence — could have their persona replicated after death without consent if not explicitly protected.
Clients Are Already Asking About It
William “Bill” London, partner at Kimura London & White in Irvine, California, has seen the concern first-hand. Clients are inquiring how to prevent their likeness, voice, or name from being used to train AI models or create avatars after their death.
“Legislation is catching up,” London notes, “but well-crafted estate documents today can effectively safeguard — or authorize — AI applications in line with a client’s personal preferences.”
Chad D. Cummings, CEO of Cummings & Cummings Law in Bonita Springs, Florida, reports similar conversations. His clients often frame the risk in reputational and even spiritual terms, particularly those with strong religious beliefs who view posthumous AI replication as an affront to human dignity. The concerns are amplified for those whose likenesses are already widely accessible online, such as physicians, business leaders, and influencers.
A Patchwork of Legal Protection — and Gaps
There is currently no federal law governing posthumous AI likeness rights. Instead, advisors must navigate a fragmented landscape of state publicity statutes, contract law, and estate planning provisions.
In Florida, for example, Section 540.08 of the Florida Statutes prohibits unauthorized commercial use of a person’s name or likeness and extends those rights for 40 years after death. In Texas, Chapter 26 of the Texas Property Code recognizes a transferable property right in a decedent’s persona for 50 years postmortem, allowing conveyance by will, trust, or contract.
But laws vary dramatically. Some states, like Minnesota, offer no postmortem publicity rights at all — a fact that complicated the estate of musician Prince, whose likeness became exploitable immediately upon his death. Legislative efforts to address the gap retroactively failed.
Publicity Rights as a Digital Asset Class
Amanda Paracuellos, founding partner at Paracuellos Law Group in Laguna Beach, California, explains that publicity rights — name, image, likeness, and voice — are a form of intellectual property. In most states, these rights are considered the individual’s property, meaning they can be licensed, assigned, or restricted.
While celebrity estates have historically been the primary context for such rights, AI makes this a universal consideration. If a state recognizes postmortem publicity rights, clients can bequeath them via will or trust and stipulate precisely how they can or cannot be used. In states without recognition, however, the rights evaporate at death, leaving no legal barrier to exploitation.
Drafting for Clarity and Enforceability
For advisors working with estate planners, the solution is to treat a client’s persona as a digital asset requiring explicit protection. This includes:
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Right of Publicity Clauses — Embedded in a revocable living trust or a standalone “posthumous rights addendum,” these clauses should define “likeness” and “voice” to include all digital reproductions and AI-generated outputs.
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Jurisdictional Anchoring — Identifying which state’s law governs the rights, ideally selecting a domicile with strong postmortem publicity protections.
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Explicit Prohibitions or Permissions — Forbidding any replication, training, or use of the client’s persona without written authorization, or granting permission with strict conditions.
Solomon Adote, chief information security officer at The Estate Registry, emphasizes specificity: “The more clearly you define what constitutes your likeness and voice — and the uses you allow or forbid — the stronger your estate’s position to enforce those wishes.”
Balancing Protection and Opportunity
Not all clients will want to prohibit posthumous AI use. Some may wish to authorize it for personal, family, artistic, or charitable purposes, provided it is tightly controlled. Advisors can work with estate attorneys to build frameworks that:
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Limit usage to noncommercial purposes or specific beneficiaries.
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Prohibit political or religious messaging.
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Require fiduciary review before licensing.
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Set expiration dates on permissions.
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Direct any revenues to designated heirs or charities.
For clients open to AI-based legacy projects — such as educational programs, historical archives, or family storytelling — clearly documented consent eliminates ambiguity and helps avoid family disputes or reputational risk.
Why Advisors Must Act Now
For RIAs, this emerging issue intersects with broader wealth management responsibilities. Posthumous AI rights touch on:
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Intergenerational Wealth Transfers — Publicity rights, if protected, can be a monetizable asset class, akin to royalties or intellectual property portfolios.
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Reputation and Brand Management — Especially relevant for clients whose personal brand is a significant business asset.
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Digital Asset Governance — Fits into the same category as managing cryptocurrency keys, domain names, and online intellectual property.
Given the pace of AI adoption, waiting for federal legislation is not a viable strategy. Silence in estate documents can mean losing control over how a client’s identity is used for decades — or forever.
The Action Plan for Wealth Advisors
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Raise Awareness — Introduce the topic proactively during estate and legacy planning conversations, even if the client has not brought it up.
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Collaborate with Specialists — Coordinate with estate attorneys who have expertise in publicity rights and digital asset protection.
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Audit Client Domicile Laws — Identify whether the client’s state of residence recognizes postmortem publicity rights and how long they last.
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Integrate Directives into Core Documents — Ensure that wills, trusts, and digital asset directives include detailed clauses addressing AI-generated likenesses.
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Review Regularly — Laws and technology will evolve quickly; revisit these provisions periodically to keep them aligned with client wishes and legal realities.
Looking Ahead
Posthumous AI avatars are not a passing novelty; they represent a permanent shift in how identity, legacy, and digital presence intersect. For wealth advisors and RIAs, this means expanding the definition of legacy planning beyond financial assets to include the ethical, reputational, and economic dimensions of a client’s persona.
Whether the goal is to strictly prohibit digital replication or to allow carefully curated posthumous engagement, the path forward is the same: define it clearly, document it precisely, and plan for enforcement.
In a future where anyone’s image can be convincingly “reanimated,” the best legacy protection is no longer just about passing on wealth — it’s about safeguarding the very identity behind it.
