Cryptocurrency and NFTs in Your Last Will and Testament

Ddswayne • Feb 27, 2024

Understanding How to Pass on Your Crypto and NFT Wealth

In today’s digital age, our wealth isn’t just limited to physical assets like money or property. Many of us have valuable digital assets like cryptocurrency and Non-Fungible Tokens (NFTs), which can hold significant value. But what happens to these digital treasures when we’re no longer around? Just like you’d make arrangements for your house or savings, it’s essential to consider how to include digital assets in Florida wills.

Whether you’re a long-time crypto investor or just starting to learn about digital collectibles, understanding the importance of incorporating these assets into your estate plan is crucial.

Quick Summary:

  • Cryptocurrency is digital money that works using a technology called blockchain, while NFTs are unique digital items. Both can hold significant value in today’s digital age.
  • A will is a legal document that outlines how you want your assets to be distributed after you pass away.
  • Just like physical assets, it’s crucial to include cryptocurrencies and NFTs in your will to ensure they’re managed and distributed according to your wishes after you pass away.
  • Integrating digital assets in a will involves making a list of your digital assets, choosing an executor, specifying distribution wishes, providing access information, seeking legal advice, and regularly updating your will to reflect changes in your digital assets.

What is Cryptocurrency?

Cryptocurrency is a kind of digital or virtual money . You can’t hold it in your hand like physical money. It works using a technology called blockchain, which is like a digital ledger or record book. Some popular cryptocurrencies include:

  • Bitcoin (BTC)
  • Ethereum (ETH)
  • Tether (USDT)
  • BNB (BNB)
  • USD Coin (USDC)
  • Solana (SOL)
  • Dogecoin (DOGE)
  • Binance (BUSD)
  • Terra (LUNA)
  • XRP (XRP)

But unlike regular money that’s controlled by governments or banks, cryptocurrency is decentralized. This means no one person or institution controls it. Instead, it operates on a decentralized network of computers. This makes transactions more secure and transparent. Understanding the basics of cryptocurrency is essential for anyone considering investing in or using digital currencies.

What is a Non-Fungible Token?

Non-fungible tokens (NFTs) are like digital certificates of ownership for unique items. Unlike regular cryptocurrencies, which are interchangeable and have the same value, each NFT represents something one-of-a-kind.

Each NFT is unique and can’t be replicated, making it special and valuable to its owner. People use cryptocurrency to purchase NFTs in online marketplaces called NFT platforms. NFTs can represent all sorts of digital assets, such as the following:

  • Digital artwork
  • Video clips
  • Social media posts
  • Memes
  • Gaming tokens
  • Digital real estate

What is a Will?

A will is a legal document that says what you want to happen to your assets after you pass away. Your assets can be anything you own, like money, a house, a car, or even digital things like cryptocurrency or digital art. A will is like a letter to make sure your wishes are followed when you’re not here anymore. 

Having a will is important because it lets you decide who gets your hard-earned assets when you’re gone. Without a will, the law decides who gets what. Your entire estate is distributed according to the laws of intestate succession.

Why Should I Include Cryptocurrency and NFTs in My Will?

In our modern world, money isn’t just paper bills or coins anymore. Many of us also have digital money, like cryptocurrency, and unique digital items, like NFTs. When we talk about what happens to our assets after we pass away, it’s essential to think about these digital things too. Here’s why including them in your will is a smart move:

Making Sure Your Wishes Are Honored

Your will is like a set of instructions for what happens to your assets when you’re not here anymore. By including your cryptocurrency and NFTs in your will, you can make sure they go to the people you want them to go to.

For instance, if your beneficiaries are unaware of your Bitcoin, they might never even know of its existence if it’s not mentioned in your will. To avoid this issue, clearly describe your cryptocurrency in your will.

Avoiding Confusion

If you don’t say anything about your digital assets in your will, it can lead to confusion and arguments among your family members. Adding digital assets to your will helps avoid these problems by making it clear who gets what .

Protecting Your Digital Assets

Cryptocurrency and NFTs can be valuable, and you want to make sure they’re taken care of after you’re gone. By including them in your will, you can say exactly how you want them to be handled and who should get them.

Preventing Loss or Mismanagement

Without instructions in your will, your digital assets could get lost or handled the wrong way. Including them in your last will and testament ensures that someone you trust knows how to handle them properly, so they don’t get lost or end up in the wrong hands.

How an Estate Planning Attorney Helps with Cryptocurrency and NFTs in Your Will

Leaving cryptocurrency and NFTs to your loved ones after your death requires more planning than traditional assets. With a little work now, you can simplify the estate planning process for your beneficiaries and ensure that they inherit your digital assets. By listing them in your will, you make sure they go to the right people and avoid confusion or disputes among your loved ones. 

Consulting with our Maitland FL estate planning lawyer at Veliz Katz Law who understands digital assets can help you navigate the process and ensure your will accurately reflects your intentions. We know all about laws and rules related to estates and digital assets. We can help you understand the value of your cryptocurrency and NFTs and how they should be handled after you’re gone.

Our estate planning law firm can provide you with the legal support you need to include cryptocurrency and NFTs in your Florida will. With our help, you can have peace of mind knowing that your digital assets will be taken care of according to your wishes. If you’re ready to start planning your estate, contact us today to schedule a free consultation.

18 Apr, 2024
Financially Preparing for Divorce in Central Florida
By Ddswayne 20 Feb, 2024
Why Every Maitland Family Needs an Estate Planning Attorney When it comes to looking out for our loved ones, it’s important to think ahead and plan ahead. Estate planning isn’t just something for the rich or older individuals – it’s important for anyone who wants to make sure their family is taken care of in […]
By Ddswayne 20 Nov, 2023
Creating Harmony in Complexity Through Estate Planning Estate planning for blended families goes beyond the traditional scope, requiring thoughtful consideration of the multifaceted bonds that connect parents, stepparents, and children. A well-crafted estate plan becomes a crucial tool for fostering harmony and ensuring that the interests of all family members are properly protected. Our Florida […]
By Ddswayne 23 Sep, 2023
Divorce in Florida: What You Need to Know Understanding the most common divorce issues in Florida can go a long way in preparing you for the challenges that lie ahead. Each divorce case is unique, but some challenges are more common than others. Having a good divorce attorney by your side can make all the […]
By Advantage Attorney 06 Feb, 2023
When it comes to probate, there are a lot of misconceptions floating around. Probate can be a confusing and overwhelming process, so it’s no wonder that there are so many myths about it. Whether you are creating an estate plan or were appointed to serve as the personal representative of someone else’s estate, you need […]
By Advantage Attorney 16 Jan, 2023
Contrary to what most people believe, pre-nuptial agreements are not solely for wealthy, high-net-worth individuals. Prenuptial agreements are highly useful legal documents for people from all walks of life. Therefore, knowing how they work and their benefits for Florida residents is important. At Veliz Katz Law, Attorneys Veliz and Katz are prepared to guide you […]
By Advantage Attorney 21 Dec, 2022
According to 2020 National Census data, 47.2% of children are born to unwed mothers in the state of Florida. This can make it complicated when trying to decide child custody when you’ve never been married to the other parent. There are a number of issues unwed parents may face when splitting up or navigating their […]
By Advantage Attorney 14 Nov, 2022
Going through a divorce is hard enough on its own, but having to make difficult decisions about who children should live with makes it even harder. According to the Centers for Disease Control and Prevention (CDC), the divorce rate in Florida is considerably above the national average with 3 per 1,000 population compared with only […]
By Advantage Attorney 25 Oct, 2022
Florida courts have the best interests of children in mind when reviewing and approving parenting plans. But what if your circumstances change and you need to modify a parenting plan? Are you eligible to request changes to the plan? The short answer is “Yes.” No parenting plan is set in stone, and Florida courts recognize […]
By Advantage Attorney 02 Sep, 2022
If you have reason to believe that a loved one’s will should be contested, you may wonder about the process of challenging a will in Florida. Not everyone can contest a will, and there must be valid grounds for challenging the document. The probate attorneys at Veliz Katz Law help clients with contesting wills. If you are […]
More Posts
Share by: