Digital Asset Planning
Crypto & Digital Asset Estate Planning
"I have been an estate planning attorney for 39 years. Four years ago, I could not find my own husband's crypto. I do not want that for your family." - Carla Alston
Visual Guide
Why Crypto Breaks a Normal Estate Plan
Traditional estate plans rely on beneficiary designations and financial institutions you can call. Crypto has neither — which is why a trust-integrated plan is essential.
What Happened to Carla
When Tom died, Carla had everything an estate planning attorney is supposed to have. A trust. A will. A medical power of attorney. A financial power of attorney. What she did not have was a way to access the digital assets her husband had quietly built over the years, because crypto has no beneficiary designation, and there is no institution to call. She is telling that story in public because she does not want it to happen to your family.
Why Crypto Does Not Work Like a Brokerage Account
When a person dies with a Fidelity account, a Schwab account, or a Vanguard IRA, their family calls the institution, provides a death certificate, and the named beneficiary receives the assets — often in days. When a person dies with self-custodied crypto, there is no institution. The assets live on the blockchain, but they are controlled by a private key — a long string of letters and numbers, or a 12-to-24-word seed phrase — that was in that person's head, on a piece of paper somewhere, in a password manager, on a hardware wallet, or in all of the above. If your family does not find the key, the coins are still out there. They just cannot be spent, transferred, or sold. Ever. There is no customer-service phone number.
Custodial vs. Self-Custody: Both Have Their Problems
Custodial holdings at exchanges like Coinbase, Kraken, or Gemini are slightly easier — the exchange has a death-of-account-holder process — but most exchanges do not offer transfer-on-death designations, and the process still requires the family to know the account existed in the first place. Self-custody holdings on a hardware wallet like a Ledger or a Trezor are technically simpler — you hold the keys — and also riskier, because if your family cannot reconstruct the seed phrase, the coins are lost permanently. A real crypto estate plan addresses both categories and documents them so your family is not starting from zero.
Putting Crypto Into a Revocable Living Trust
For most Texas families with meaningful crypto holdings, the right structure is a revocable living trust that holds the digital assets during life and passes them outside of probate at death. That requires funding the trust correctly — transferring custodial account titling where allowed, and documenting a trust-aware instruction set for self-custody assets. It also requires naming a successor trustee who is technically capable of operating a hardware wallet, reading a seed phrase, and understanding a blockchain block explorer. That person is usually not the same person who has always managed the family's finances.
Seed Phrase Custody: The Hard Problem
The single hardest problem in crypto estate planning is seed-phrase custody. Write the seed on a piece of paper and it can burn, flood, or be discovered by a burglar. Store it in a password manager and it is only as secure as that vault. Split it across multiple people (Shamir's Secret Sharing) and it is resilient but complicated. Put it in a safe deposit box and your family still has to find the box and get into it. There is no perfect answer. There are, however, better and worse answers, and the right one depends on how much crypto you hold, who you trust, and how sophisticated your likely successor trustee is. We pick one together.
The Digital-Executor Problem
Your named executor may be a perfect fiduciary — and still have no idea what a hardware wallet is. A crypto-aware estate plan often names a separate digital fiduciary with specific authority over digital assets, while leaving the general executor in charge of the rest of the estate. Texas law (Estates Code Chapter 2001) gives limited default powers to a personal representative for digital assets; a well-drafted estate plan expands those powers specifically and gives your digital fiduciary the legal authority to operate exchange accounts, transfer custody of wallets, and access email and password accounts needed to recover keys.
Tax Issues Most Crypto Holders Miss
Because crypto is property, not currency, every transfer is potentially a taxable event — including transfers you might not think of as sales. Gifts of appreciated crypto during life carry over your cost basis to the recipient. Crypto held at death, by contrast, gets a step-up in basis to fair market value as of the date of death, which can eliminate decades of unrealized capital gains. That is one of the most powerful and most-overlooked tax opportunities for families with large crypto positions — and it is specifically the kind of issue our firm, led by an attorney with a Master of Laws in Taxation from NYU, is built to surface.
The Executor's Playbook We Give Every Client
When you hire us for digital asset planning, you do not leave with just a trust. You leave with an Executor's Playbook — a written, offline-available document that tells your successor exactly what you own, where it is, how to access it, who to call, what the tax consequences are, and what to do first. The Playbook is updated annually or whenever your holdings change. It is the single most important gift you can leave the person who will be trying to wind up your affairs during the worst month of their life.
NFTs, DeFi Positions, and Other Edge Cases
NFTs, staked tokens, DeFi LP positions, validator nodes, and on-chain business entities (DAOs, multisig treasuries) are all digital assets that need specific planning. Each has unique access requirements, tax characteristics, and successor-control challenges. If your holdings extend past spot Bitcoin and Ethereum, we build a plan that addresses each category individually — because inheriting a staked validator is a very different problem from inheriting a Coinbase balance.
Ready to discuss your crypto & digital asset estate planning needs?
10,000+ clients have trusted us with their legal matters.
Common Questions
Crypto & Digital Asset Estate Planning FAQ
Do I really need a special estate plan for crypto?
What happens to my Coinbase account when I die?
How do I pass a hardware wallet to my spouse or children?
Does crypto go through probate in Texas?
Do I owe taxes when my family inherits my Bitcoin?
Should I give my spouse my seed phrase while I am alive?
What if I lose the seed phrase to my hardware wallet?
Can I leave crypto to my minor children?
Related Practice Areas
Have questions about your situation?
Schedule a consultation and we'll give you a plain-language assessment of your options.
Schedule a Consultation