Does Your Estate Plan Address Your Cryptocurrency?

Cryptocurrency isn’t the only digital asset your estate plan needs to address. However, it may be the one with the most value. If your estate plan doesn’t address digital assets, or if your executor, or trustee, is unfamiliar with digital assets, those investments could disappear or become inaccessible. This blog will explain what you’ll need to do if you want to pass your digital wealth on to your loved ones.

Crypto owners use a variety of tools to ensure that their assets are not easily accessible. Such protection is vital because Bitcoin is a bearer asset, meaning whoever has access to the asset owns it. Strong protection is great while you’re living. However, if your estate plan isn’t ready, these same protective measures can prevent your loved ones from benefitting from the cryptocurrency you’ve worked to accumulate. Think of it as if you were trying to locate the keys to a loved one’s home, versus trying to get past the facial recognition software on their phone after they’ve been buried.

How you own your digital currency will also make a big difference in what must be done to gain control of it. If they are indirectly owned through exchange-traded funds (ETFs) or stocks owning cryptocurrency, your executor or trustee will access them in the same way they would any other investment account. If you store coins on cryptocurrency exchanges, your executor or trustee will need to access the account. You can share your private keys with beneficiaries, or if the exchange permits you to name beneficiaries for an account, follow the instructions provided by the exchange. Please note that not all exchanges offer this feature.

For the most part, however, cryptocurrency remains the Wild West, and you must protect your property yourself. Don’t expect your executor or trustee to be able to navigate this new world unless they have all the necessary information. There’s no registry or clearing house and no paper trail to follow.

You’ll need to provide the people you have named as executors or trustees with a list of coin names, the number owned and their location: on an exchange, in a digital wallet, or stored offline in a physical device. They’ll need to know how to access private keys or seed phrases.

If your coins are stored on your mobile phone or laptop, someone will require information to unlock these devices. If you use a biometric lock for your phone, such as facial recognition or fingerprint recognition, you’ll need to create an alternative means of accessing the device. Passwords to access cryptocurrency exchanges, digital wallets and those required to access email accounts and authenticator apps used for multifactor authentication will also be needed.

Managing crypto and digital assets during the probate process can be complex for those unfamiliar with the space. Because of this, you may want to choose an executor or trustee that has experience with cryptocurrency.  If your executor or trustee does not have experience with cryptocurrency or other digital assets, you may want to prepare them for the role.

Finally, don’t include any access information in your written estate planning documents, particularly your will. Once a will is admitted to probate, it becomes a public record. Talk with your estate planning attorney about creating a separate document containing this information to be shared with your fiduciaries. Ensure that your fiduciaries are prepared for this task and be sure to appoint a successor in case they are unable or unwilling to serve when the time comes.

If you want your beneficiaries to reap the benefits of your forward-thinking investments, these resources need to be in place and planned for as part of your estate plan.

Reference: Barron’s (June 14, 2025) “You Struck It Rich With Bitcoin. How to Leave It to Your Heirs”

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Estate Planning Checklist for 2024

Estate planning is more than writing a will; it’s a plan to manage the legacy you want to pass to your loved ones.  It documents your healthcare preferences, prepares for aging and incapacity and conveys your assets to those you choose.   The National Council on Aging (NCOA) Adviser’s article, Estate Planning Guide and Checklist for 2024,” offers an overview of what to consider when planning your estate.  There is no perfect checklist as all estate plans should be tailored to the individuals using them, and so what you may want or need could vary, but it’s certainly a good idea of what to consider.

So, this blog will cover an estate planning checklist for 2024.

Understanding Estate Planning

Estate planning organizes your affairs to fulfill your wishes after you pass away. It encompasses decisions about money, property, medical care and care for your beneficiaries. The process includes creating essential documents like wills, trusts, powers of attorney, medical documents and more.  Estate planning provides peace of mind that your wishes are known and respected, benefiting your loved ones, so it is important to consider all of the key documents in the estate planning checklist.

Key Documents in Estate Planning

  • Wills: A legal document that outlines how to distribute assets after your death.
  • Trusts: Contracts that allow a third party, or trustee, to hold property and other assets on behalf of a beneficiary.  These are used for many purposes depending on what kind of trust, such as tax planning or probate avoidance.
  • Powers of Attorney: Legal documents that grant someone else the authority to make decisions on your behalf, such as if you want to delegate to someone or because of your own incapacity.
  • Medical Documents: Documents that state your wishes regarding medical treatment when you cannot communicate your choices.  These, depending on your state, including documents like medical powers of attorney, directive to physicians (living will), HIPAA authorization or similar documents.
  • Disposition of Remains. Some states, such as Texas, have a standalone estate planning document that indicates what your final disposition wishes are, such as cremation or burial, and who is in charge of seeing that through. Other states work these concerns into existing documents.
  • Guardianship for Children.  This isn’t applicable to everyone, but if you have minor children you can name a guardian to care for them should you pass away.  This is often one of the main reasons why young couples even consider estate planning.

Key Takeaways

  • Common Estate Planning Documents: Wills, trusts, financial power of attorney and medical documents are fundamental to estate plans.
  • Everyone Needs a Will, but Consider a Trust: Regardless of the size of your estate, a will is crucial to fulfill your wishes.  What you do beyond that is dependent on your goals and situation, but always consider a trust.  People tend to assume a trust is only for the rich, but trusts are very versatile and help with many client concerns in a way that wills cannot.
  • Review Your Estate Plan Regularly: The original article says update your estate plan regularly, I say review it.  If you don’t review it regularly, it is easy to  forget the details, which makes the estate plan difficult to properly implement and even harder to update.  2024 is an excellent year to review because the estate tax thresholds are changing in 2026, exposing more clients to estate taxes than in the past.

Conclusion

Consider estate planning to be a critical process to protect your assets, provide for beneficiaries and have peace of mind for the future. Follow the estate planning checklist to create your personalized estate plan.

Reference: NCOA Adviser (Aug 21, 2023): Estate Planning Guide and Checklist for 2024.

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