Estate Planning

Estate planning for cryptocurrency.

Cryptocurrency is unlike any asset that came before it in estate planning, because if your heirs can’t access the keys, the wealth simply vanishes.

The short version Crypto raises two estate-planning challenges: access (without the private keys or seed phrase, heirs can’t recover the assets, there’s no bank to call) and protection (crypto can and should be held in trusts and entities like other wealth). A good plan secures instructions for accessing the keys, brings the assets into your estate documents, and protects them, without exposing the keys to theft.

Digital assets have become a meaningful part of many estates, and they don’t behave like traditional ones. There’s no institution holding your Bitcoin that your executor can contact. Whoever controls the keys controls the coins, which makes planning both essential and delicate.

The access problem

If you pass away and no one knows how to access your wallets, the private keys, seed phrases, and where they’re stored, the assets are effectively lost forever. Your plan needs a secure way to convey that information to a trusted person or fiduciary at the right time, without writing it into a document that could be stolen or that becomes public in probate.

The protection and tax side

Crypto can be titled into trusts and entities like other assets, giving it the same creditor protection and allowing it to pass outside probate. It also raises tax questions your plan should address. Bringing digital assets explicitly into your estate documents, rather than leaving them as an afterthought, is key.

Plan it deliberately

The right approach balances accessibility for your heirs against security against theft. Tresp, Day & Associates helps clients incorporate cryptocurrency and other digital assets into estate and protection plans that actually work when needed.

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Since 1992, Tresp, Day & Associates has structured asset protection for families and businesses nationwide. Request a consultation or call (858) 755-6672.

Common questions

Frequently asked

What happens to my cryptocurrency when I die?

It depends entirely on access. Unlike a bank account, there's no institution your executor can contact, whoever has the private keys or seed phrase controls the crypto. If no one can access them, the assets are lost forever. A proper plan securely conveys access instructions to a trusted person and brings the assets into your estate documents.

This article is general information, not legal or tax advice, and does not create an attorney-client relationship?

This article is general information, not legal or tax advice, and does not create an attorney-client relationship. Every situation is different and the law changes; consult a qualified attorney about your circumstances.

This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.

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