Consequently, estate plans must be written so that the estate of a decedent account holder has access to the digital key, without inadvertently revealing the key to anyone else who could use it to gain unauthorized access to the account.

Another potential problem is simply the volatile nature of cryptocurrencies. Unless carefully considered in an estate plan, this can make it difficult to equalize inheritances between children. Without having an idea what the currencies might be worth at the time of death, one child could potentially have a much larger (or much smaller) inheritance than others.

An estate planning attorney can advise you on creating an estate plan that fits your unique circumstances and may include digital currencies.

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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