Most people have heard of cryptocurrency; however, only a small percentage of people actively own it and use it. If you are one of them, it is important to understand how your cryptocurrency fits int oy our estate plan. Given the unique characteristics of cryptocurrency, failing to identify and include it in your estate plan could cause it to be lost forever after you are gone. That could cheat your loved ones out of the value of that cryptocurrency. To better explain, a Westport estate planning attorney at Nirenstein, Horowitz & Associates, P.C. discusses the need to include cryptocurrency as an asset in your estate plan.
What Is Cryptocurrency?
Cryptocurrency is a digital currency that uses blockchain technology (a distributed ledger enforced by a disparate network of computers) to create a decentralized, immutable, public digital ledger. Think of cryptocurrency as “virtual” money that is not issued by a centralized government or bank. It can be used to buy and sell things but only with a computer or smart phone. Although there are hundreds of versions of cryptocurrency, the most commonly used is Bitcoin. Other well-known type of cryptocurrency include Ripple, Dash, Litecoin, and Zcash. Although the tax treatment of cryptocurrency remains somewhat unclear, the I.R.S. has taken note and does appear to be monitoring cryptocurrency transactions.
How Does Cryptocurrency Fit into Your Estate Plan?
Cryptocurrency is kept in a virtual wallet – a wallet that only the owner knows exists in many cases. If you own cryptocurrency, it is important that you include it in your estate plan or it could be lost forever because of the unique nature of the currency. Unlike cash, stocks, or other types of investments, cryptocurrency is not physically held anywhere. It only exists in digital form. Moreover, because it is kept in the owner’s virtual wallet, it is more than likely that it would be overlooked completely following the owner’s death unless very specific plans are made to ensure that someone else knows it exists. Finally, even if someone knows the cryptocurrency exists, they will never be able to access it unless the owner leaves detailed instructions for doing so. Unlike a bank account, you cannot include a beneficiary designation on your cryptocurrency that automatically transfers ownership to someone upon your death.
How to Include Your Cryptocurrency in Your Estate Plan
If you own cryptocurrency, you must include it in your estate plan or it will almost certainly be lost forever following your death or incapacity. Simply listing it as an asset, however, is not enough. Instead, you need to take the following steps to ensure that your cryptocurrency winds up in the right hands:
- Make a detailed list of all cryptocurrencies that you own. Be very specific and include the type (Bitcoin, Ripple), approximate value at the time you make the list, and location of the wallet where the cryptocurrency can be found.
- Provide access codes. This is where it gets tricky because without all necessary access codes, PINs, and wallet locations, no one will be able to access your cryptocurrency. Once someone has that information, however, they can access and use that cryptocurrency at any time and no one can stop them. Unlike unauthorized usage of your credit card or bank account, if someone uses your cryptocurrency there is basically nothing you can do about it. Therefore, be very careful what you do with the lists you make and be very selective about who you choose to guard the information you create.
- Include your devices in your plan. This is where people often make a fatal mistake when trying to incorporate cryptocurrency into their estate plan. You must include the device on which the virtual wallet exists as well. Giving someone the passwords and location of the virtual wallet doesn’t help if they don’t have the device itself.
- Provide someone you trust with the information. Once you have made sure that all the necessary information is together, you must entrust it to someone. If no one knows the cryptocurrency exists, it will just disappear into the ether and no one will be the wiser.
Contact a Westport Estate Planning Attorney
For more information, please download our FREE estate planning worksheet. If you have additional questions or concerns about how to include cryptocurrency in your estate plan, contact an experienced Westport estate planning attorney at Nirenstein, Horowitz & Associates, P.C. by calling (860) 548-1000 to schedule an appointment.
Mr. Horowitz was awarded his Juris Doctor degree with honors from the University of Connecticut School of Law. While attending law school, Mr. Horowitz received the American Jurisprudence Award in Legal Ethics and the Nathan Burkan Award.
After graduation from law school, Mr. Horowitz continued his legal education at New York University School of Law where he received a Post Doctorate Law Degree in Taxation. He has also recently received a national achievement award.
Mr. Horowitz is admitted to practice before all the state courts in the State of Connecticut and the United States District Court.
Mr. Horowitz was selected for Super Lawyers in 2021.
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