Specialized Estate Planning

Cryptocurrency & Digital Asset Planning

Cryptocurrency and other digital assets can be worth significant amounts, yet become completely inaccessible to heirs without the right credentials. We help you build a plan that ensures your digital wealth transfers — and is not lost forever.

Our Approach Schedule a Consultation

The Core Problem

Traditional assets — bank accounts, brokerage accounts, real estate — have institutional custodians who can work with executors and trustees to transfer ownership. Cryptocurrency held in self-custody has no such backstop. If your private keys, seed phrases, or wallet passwords die with you, the assets are gone permanently.

At the same time, writing access credentials directly into a will is dangerous — wills become public documents upon probate. The right solution requires careful coordination between your estate planning documents and a secure, private access plan.

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No Recovery Mechanism

Lost private keys mean permanently inaccessible assets — no customer support can help

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Wills Are Public

Credentials in a probated will become searchable public records, exposing assets to theft

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Tax Complexity

Digital assets carry complex cost-basis, valuation, and reporting obligations at death

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Exchange Delays

Exchange accounts may be frozen and require prolonged legal process without advance planning

Exchange Accounts vs. Self-Custody

Where your assets are held determines the planning approach needed.

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Centralized Exchange Accounts

Custodied by Institution

Assets held on platforms like Coinbase or Kraken are custodied by that institution. Your heirs will work through a claims process, but the exchange can verify identity and assist with transfers. The legal framework is more familiar — and recovery is possible with proper documentation.

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Self-Custody Wallets

Highest Risk Without a Plan

Assets controlled by private keys or a hardware device have no institutional backup. Your heirs must have the exact credentials — there is no recovery mechanism, no customer support, and no second chance. A hardware wallet found in a desk drawer with no instructions is effectively worthless.

Seed phrases and private keys must be securely documented and accessible to heirs
Hardware wallets require PIN, passphrase, and device access instructions

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What Counts as a "Digital Asset"?

Bitcoin and Ethereum are the most common, but the category is broader than most people realize. Each type may require different planning treatment.

Cryptocurrency

NFTs & digital art

Staking positions

DeFi protocol holdings

Domain names

Valuable online accounts

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Never Put Seed Phrases or Private Keys in Your Will

A will is filed with the probate court and becomes a public document. Including wallet credentials in a will exposes those assets to theft by anyone who searches the court record. Use a separate, secured access document — coordinated with but not part of your estate plan.

How We Plan for Digital Assets

A complete digital asset plan addresses access, legal authority, tax obligations, and beneficiary readiness.

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Asset Inventory

Documenting all holdings — self-custody wallets, exchange accounts, NFTs, DeFi positions, and other digital property.

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Secure Access Instructions

Creating a safe, private record of wallet credentials that heirs can access when needed — without exposing them publicly.

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Trust & Will Provisions

Drafting specific language addressing digital assets, fiduciary authority to access and manage them, and distribution instructions.

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Fiduciary Authorization

Ensuring your executor or trustee has clear legal authority to access digital accounts under the Revised UFADAA as adopted in Virginia.

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Beneficiary Education

Briefing your chosen heirs on how to access and secure assets — so mistakes aren't made under the pressure of grief and urgency.

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Tax Planning Coordination

Working with your CPA on cost-basis documentation, date-of-death valuation, and reporting obligations for the estate and heirs.

Frequently Asked Questions

Can a trust hold cryptocurrency?

Yes. A trust can be named as the owner or beneficiary of exchange accounts, and a trustee can be authorized to manage self-custody wallets. Proper drafting is essential to give the trustee clear authority and practical guidance on access.

How do I securely pass on my seed phrase without putting it in my will?

Common approaches include a sealed letter held by someone you trust providing direction on where to locate and how to access your seed phrase or hardware wallet. We help you design a solution that balances security and accessibility.

Are digital assets taxed differently than other assets?

At death, cryptocurrency receives a stepped-up cost basis like other capital assets, which can eliminate embedded capital gains for your heirs. The estate may still owe estate tax on the value at death, and your executor must value holdings as of the date of death. We coordinate with your tax advisor on these issues.

My family doesn't know anything about crypto. Is that a problem?

It can be. A fiduciary unfamiliar with cryptocurrency may send assets to the wrong address, fail to account for gas fees, or trigger a taxable event unnecessarily. We can help you educate your fiduciaries or designate a co-trustee with the technical knowledge to handle these assets properly.

Don't let your digital assets disappear

Schedule a consultation to build a plan that keeps your crypto accessible and your heirs protected.

Schedule a Consultation