How To Include Crypto In Your Estate Plan

by | Aug 24, 2023 | estate planning

Crypto in Your Estate Plan


In this digital era, cryptocurrencies have emerged as a prominent investment class, attracting millions of investors worldwide. As the value of cryptocurrencies grows, integrating them into your estate plan becomes increasingly crucial to ensure a seamless transfer of digital wealth to your beneficiaries.

Assess Your Crypto Holdings

Begin by conducting a thorough assessment of your digital assets. Make a comprehensive inventory that includes the types of cryptocurrencies you own, their current market value, and the platforms or wallets where you store them. Categorize your holdings into long-term investments and those earmarked for regular transactions. Understanding the nature of your crypto assets will help you make informed decisions on their distribution among your beneficiaries.

As an example, you might have a significant portion of Bitcoin stored in a hardware wallet for long-term holding and smaller amounts of Ethereum accessible in an online wallet for day-to-day use. Knowing these distinctions will influence how you address each category in your estate plan.

Appoint a Tech-Savvy Executor or Trustee

Selecting a trustworthy and tech-savvy executor or trustee is crucial. This individual will be responsible for managing and distributing your cryptocurrency assets after your passing. Ensure they understand how cryptocurrencies work, the importance of private keys, and how to access your holdings securely.

Your chosen executor or trustee should be familiar with the process of handling digital assets, including private key management and interacting with various cryptocurrency wallets. It may be helpful to provide them with resources or contacts for technical support in case they encounter challenges.

Safeguard Your Private Keys

The security of your private keys is paramount to safeguarding your cryptocurrency holdings. Consider utilizing hardware wallets or other secure offline storage solutions for your long-term holdings. Hardware wallets provide an added layer of protection against cyber threats as they store private keys offline, making them less susceptible to hacking attempts.

Document the access details meticulously, ensuring they are kept safe but accessible to your designated executor. Consider storing physical copies of your private keys in a secure location, such as a safe or a safety deposit box, along with explicit instructions for accessing them.

Navigate the Tax Implications

The transfer of cryptocurrency through inheritance may have tax implications for your beneficiaries. Seek professional advice from a tax expert with knowledge of cryptocurrency taxation to understand the tax regulations and potential liabilities involved.

Different jurisdictions may treat cryptocurrencies differently, and tax laws regarding inheritance can be complex. By addressing tax considerations in your estate plan, you can help your loved ones avoid unexpected tax burdens and ensure a smooth transfer of assets.

Incorporate Crypto into Your Will or Trust

Clearly articulate your wishes regarding your cryptocurrency assets in your will or living trust. Specify which cryptocurrencies you own and outline how you want them distributed among your heirs. Periodically review and update these documents to reflect changes in your holdings or preferences.

Your estate plan should explicitly mention your crypto assets, providing detailed instructions on accessing and managing them. You may consider leaving specific percentages or amounts of cryptocurrencies to individual beneficiaries, aligning with your overall estate distribution goals.

Create a Letter of Instruction

In addition to your estate planning documents, compose a detailed letter of instruction. This letter should provide essential information about your cryptocurrency assets, storage methods, and passwords, guiding your executor on how to handle them appropriately.

Within the letter, explain the process of accessing and transferring the crypto assets, step by step. Include important details, such as the locations of hardware wallets and backup seeds, relevant contact information for exchanges, and any necessary verification processes.

Explore Multisig Wallets

Consider using multisignature (multisig) wallets to enhance the security of your cryptocurrency holdings. These wallets require multiple signatures to access the assets, adding an extra layer of protection against unauthorized access.

Multisig wallets are beneficial when you have multiple beneficiaries, as it ensures that no single individual can unilaterally access the assets. You can specify the number of required signatures needed for transactions, such as two out of three or three out of five, depending on the number of designated beneficiaries.

Educate Your Beneficiaries

Ensure that your beneficiaries are aware of your cryptocurrency holdings and your estate plan. Openly discuss the existence of these digital assets and inform them about the steps they need to follow to access them after your passing.

Educating your beneficiaries about cryptocurrencies is essential, especially if they are not familiar with this form of investment. Provide them with basic knowledge about how cryptocurrencies work, the importance of security measures, and the potential benefits of holding digital assets.

Establish a Contingency Plan

The cryptocurrency landscape is constantly evolving, and regulations may change over time. Therefore, it is essential to establish a contingency plan for your cryptocurrency holdings. Regularly review your estate plan and adapt it as needed to address potential challenges that may arise in the future.

Your contingency plan should cover various scenarios, such as the loss of private keys or access to your crypto holdings, changes in cryptocurrency regulations, or the emergence of new technologies. Consider appointing a backup executor or trustee who can step in if the primary individual is unable to fulfill their duties.

Seek Professional Guidance

Given the complexities surrounding cryptocurrencies, consulting with estate planning professionals who have experience in handling digital assets is highly advisable. They can offer tailored advice and help ensure that your estate plan aligns with your specific goals and preferences.

A knowledgeable professional will assist you in navigating the legal and technical aspects of incorporating cryptocurrency into your estate plan. They can also help you avoid common pitfalls and ensure that your wishes are carried out efficiently and securely.

Incorporating cryptocurrency into your estate plan requires careful consideration and preparation. By assessing your crypto holdings, securing private keys, and seeking professional guidance, you can safeguard your digital wealth and ensure a seamless transfer to your beneficiaries. Keep your estate planning documents up-to-date and maintain open communication with your loved ones about your cryptocurrency assets.

Schedule a Consultation with a Professional Estate Planning Attorney

Contact Galanti & Copenhaver today! Our experienced team is here to assist you with all your estate planning needs. Whether you’re looking to include cryptocurrencies, protect your assets, or plan for the future of your loved ones, we’ve got you covered.