Bitcoin, Ethereum, and the Blockchain — What Happens When You Die?

Unless you’ve been living under a rock, you’ve probably heard about Bitcoin. But, you may not know what it is or how it affects your estate planning. Or, maybe you’ve got yourself some Bitcoin, but haven’t given thought to what would happen to your digital currency in the event of your death or incapacity.

So today’s article will dive in with some initial thoughts, and then we’ll get deeper in future articles.

There are now over 800 digital currencies available, though Bitcoin is the most well known.

And each one operates a bit differently, and with a different purpose.

What they all have in common is that they are digital currencies, in the form of “tokens” that you can now buy (or invest in) and in some cases use to exchange for goods and services.

For example, more and more providers of goods and services are accepting Bitcoin as a payment method, just as they would cash or credit.

And, even a few accepting the lesser known currency called Ripple (XRP).

But, as of this writing, there are no providers we’ve heard of accepting, for example, the lesser known cryptocurrency of ProCoin (PROC), a coin based on shopping rewards. But, the coin is tradeable on the open coin market, currently at $.12, though it’s been traded as high as $.38.

If you want to learn more about how these digital currencies work, please do let me know and I’ll write more about it in the future.

For today, I want to cover what you need to make sure you’ve got in place from a “what happens when you become incapacitated or die” perspective if you are holding digital currency.

Because if you have not planned for the transfer of your digital currency at the time of your incapacity or death, it could literally be lost to the ethers. And, if you invested in Bitcoin back in the day before it got popular, that could potentially be millions of dollars lost to your loved ones.

There are two things for you to consider if you are holding digital currency:

  1. That your loved one’s (or whoever you would want to have your currency) know about it; and
  2. That they know how to access it and cash it in or hold onto it.

If you are holding your currency in an exchange, such as coinbase, with 2-factor authentication, it could be very difficult for your loved one’s to access your currency. We are in process of setting up a digital account administration system for our clients and you can look forward to that in the coming months. Having that in place would allow the executor of your estate to handle all digital accounts, not just crypto accounts.

Until then, best practice is to transfer your cryptocurrency into a “paper wallet”, which is kind of ironic given that it’s a digital currency. And it basically involves storing codes offline that allow you to access your currency. Here’s the thing, if you lose those codes, or your loved ones can’t find them, it’s the same as all of your currency being gone.

You can read more about the different storage options for cryptocurrency here.

Bottom line: if you have cryptocurrency and you want your loved ones to have it after you are gone, you should probably call us so we can make sure it’s not lost upon your incapacity or death.

As a new technology, cryptocurrency can be a bit confusing, and not many lawyers are even thinking about this issue yet. But we are, so give us a call and let’s have a Family Wealth Planning Session during which we can help you to  protect and preserve what matters most. Before the session, we’ll send you a Family Wealth Inventory and Assessment to complete that will get you thinking about what you own, what’s most important to you, and what you can do to ensure your family is taken care of.

This article is a service of Gratia P. Schoemakers, Estate and Business Attorney. We don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at 832.408.0505 to schedule a Family Wealth Planning Session and find out how to better protect your family.

Tax Lessons to be Learned from Celebrity Estate Plans

A celebrity’s image and likeness can continue to produce considerable income after death. This type of intellectual property is considered part of your estate, and the IRS can tax its value. In the case of pop star Michael Jackson’s estate, that recently meant an IRS bill to the tune of $64.5 million, years after his death, which is about 40% of his likeness’ valuation of $161 million.

Michael Jackson’s estate planning fail could certainly have been avoided by using one of these estate-planning strategies that minimize the taxable value of a person’s image and likeness.

Charitable Bequests

Robin Williams made a charitable bequest of his image and likeness to a foundation. It was set up in his name, allowing his estate to get a charitable deduction against the estate tax.

Time Bans

Williams also established a 25-year time ban to prevent any future exploitation of his image. A time restriction lowers the value of a celebrity’s name and likeness because the value is typically lower at the end of the ban than at the date of death.

State of Residence

Some states don’t recognize inheritable postmortem rights to likeness. This means the estate can’t profit from it. Consider your state’s laws when estate planning so you can benefit from any available tax breaks.

Consult with Multiple Appraisers

Get one appraisal and have another appraiser act as a consultant to point out where there might be room to argue against the valuation.

Celebrity estate planning fails grace the cover of tabloids and news sites as soon as weeks after their deaths. Fortunately, they provide valuable estate planning lessons for the rest of us. While their fails may be more expensive, even a small fail can have a huge impact on your family’s future and well-being. Don’t leave your family holding the bag, especially an empty one.

Your family is worth the time for you to have a Family Wealth Planning Session with us so you can make empowered, informed choices for the people you love. As your Estate Attorney, we can walk you step by step through a process that will minimize your tax liability and keep your family out of court and out of conflict.

Our Family Wealth & Legacy Planning Session guides you to protect and preserve what matters most. Before the session, we’ll send you a Family Wealth & Legacy Inventory and Assessment to complete that will get you thinking about what you own, what’s most important to you, and what you can do to ensure your family is taken care of and you’ll leave the Session with absolute clarity about how to make the best choices for your life and death.

This article is a service of Gratia P. Schoemakers, Estate and Business Attorney. We don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at 832.408.0505 to schedule a Family Wealth Planning Session and find out how to better protect your family.

Making a Plan for Your Digital Assets

According to a 2011 McAfee study, Americans value the digital assets they own across multiple digital devices at nearly $55,000.  Unfortunately, a vast majority of us have not planned for what happens to these assets after we’re gone.

Estate planning for digital assets is growing as fast as technology, and involves issues of security, privacy and legacy planning.  For planning purposes, digital assets can include:

  • Email accounts
  • Photos
  • Documents and files
  • Websites and blogs
  • Social networking accounts
  • Music and books
  • Online shopping accounts
  • Banking and bill pay accounts

Practical issues that should be considered when planning for the disposition of digital assets include:

  • Who will access and control the accounts following your death
  • How your executor or agent will get access
  • How your digital assets can be transferred to beneficiaries if desired
  • How fiduciaries will know where to find all the information on your digital assets

There are two steps you should take to protect your digital assets, with the guidance of a Personal Family Lawyer®:

Inventory digital assets.  Make a list of all your accounts and assets, including user names and passwords, answers to security questions and any other necessary information that will allow your executor or fiduciary to access the information.

Include digital assets in estate plan.  Include enabling provisions in your estate plan that covers the management and disposition of your digital assets.

If you would like to have a talk about protecting your digital assets through estate planning,call our office today to schedule a time for us to sit down and talk.

 

The Digital Afterlife Debate: What Happens to Your Online Assets After You’re Gone

The digital afterlife debate over who owns the online assets of someone who has died has been in the news recently, brought to light by several families whose children have died tragically and who want access to their child’s online accounts to preserve memories and try, in the case of suicide, to make sense of a senseless act.

To date, six states — Connecticut, Idaho, Indiana, Oklahoma, Rhode Island and Virginia — have passed legislation regarding the ownership of digital assets, with legislation pending in a number of other states and at the federal level as well.

At the heart of the debate are concerns over violating privacy laws.  Facebook went to court in California last September to block the estate of a British model from getting access to her Facebook account and prevailed.

On April 11, Google introduced its Inactive Account Manager, which allows users to make a choice to either delete their data after a pre-determined length of account inactivity or to name heirs for the data from some of its most popular services, including +1s; Blogger; Contacts and Circles; Drive; Gmail; Google+ Profiles, Pages and Streams; Picasa Web Albums; Google Voice and YouTube.

Google users can access the new Inactive Account Manager on their Google Account settings page.   But what about other major Internet companies that hold most of our online data?  Here is a guide to their current policies:

Facebook – Facebook will remove the account of a deceased person at the family’s request, or even “memorialize” the account (which allows friends and family members to post memorials on that person’s page).  Facebook will not disclose any passwords, transfer account ownership or turn over the contents of the account.

Twitter – Will only disclose account data with a court order; will not disclose account passwords or contents.  Account will be deactivated if family member provides Twitter with a death certificate and notarized statement.

LinkedIn — Will not disclose any passwords, transfer account ownership or turn over the contents of the account unless ordered to do so by a court.  Family members can request that an account be deleted.  Executors and others beyond family members (like an employer) can have the account hidden from public view by reporting the death to LinkedIn if they know the email address that is linked to the account.

Yahoo – Honors requests from family members to access the account of a deceased person only if that request is included in the decedent’s estate plan.  Will also deactivate an account if a death certificate is provided.

Microsoft – For Outlook and Hotmail users, Microsoft will not disclose passwords or transfer account ownership unless a family member has a court order or the permission of the account owner to access the account.  Will deactivate the account if requested to do so by a family member.

Estate planning for digital assets is evolving, with laws and practices changing all the time.  As a Personal Family Lawyer®, I can help you protect your digital assets and pass them along to heirs in the way you wish to do so.

If you would like to learn more about estate planning strategies for all your assets, not just the digitals, call our office today to schedule a time for us to sit down and talk.