Why Digital Assets Are the Most Overlooked—and Most Vulnerable—Part of Your Esta

Why Digital Assets Are the Most Overlooked—and Most Vulnerable—Part of Your Estate

You’re bullish on crypto.  You’ve invested in digital assets like Bitcoin.  You have a growing portfolio of crypto holdings.  Maybe you even have them spread across platforms and wallets.

But if you died tomorrow, would your spouse or children know how to access it?

Would they even know where it is?

Or would your digital wealth (possibly worth millions) die with you, locked in wallets no one can open and accounts no one can find?

Here’s the ugly truth most estate plans miss: 

Your crypto will be invisible to the court, unreachable to your family, and completely lost if you don’t take proactive steps to protect it now.

The New Wealth Class That Courts Don’t Know How to Handle

We’re not talking about stock portfolios and bank accounts anymore.

You are part of a new class of wealth holders:  digital asset owners.

The legal system hasn’t caught up.  Worse, most estate planning attorneys haven’t either.

And yet, the IRS still wants their cut. Hackers still want a shot at it. And your heirs? They’re left with a blank screen, a death certificate, and no idea where to begin.

If You Don’t Plan for Your Digital Assets, Here’s What Happens

  • Your wallet passwords, recovery phrases, and keys die with you
  • Your crypto may never show up in probate or on a financial affidavit
  • Your spouse or kids may try to access your accounts and be locked out permanently
  • Even if they do find the accounts, moving the assets without proper legal authority could expose them to criminal penalties
  • Worst case? Everything you built disappears, leaving your family confused, angry, and financially robbed by omission

Imagine your children grieving . . . and also losing millions because you didn’t take an extra few hours to secure the plan.

Why Digital Assets Require a Different Kind of Planning

Digital assets don’t pass like traditional ones.

They require 

  • Specialized language in your trust and will to authorize access under state and federal digital privacy laws
  • A Digital Asset Memorandum that explains what you own, where it’s located, and how to access it without exposing it to hackers
  • Clear legal authority for your executor or trustee to manage, transfer, or sell those assets
  • Crypto-specific trusts or LLCs for higher protection, privacy, and strategic tax planning

You can’t just scribble wallet info on a sticky note or email your seed phrase to your spouse.
That’s not planning.  That’s a liability.

Here’s What Smart Crypto Owners Do

They work with attorneys who understand the intersection of wealth, family, and technology.

They put the right legal infrastructure in place to:

  • Ensure their spouse can access what’s needed immediately
  • Pass digital assets to their children securely and privately
  • Avoid triggering tax events, litigation, or audit red flags
  • Shield their heirs from confusion, conflict, or costly court battles

And they don’t wait.

Because once you’re gone, it’s too late to explain where you stored the private key.
It’s too late to recover a lost login or fix a missing clause in your trust.

You’ve Built the Future. Now Protect It.

At Garza Business & Estate Law, we don’t work with just anyone.

We work with a select group of high-net-worth families and business owners each year.  People who understand that estate planning isn’t about documents . . . it’s about protecting everything you’ve built for the people you love.

If you’ve amassed significant digital assets and you want to make sure they actually make it to your spouse and children, intact—this is your next step.

Apply to work with us Here: https://lgarzalaw.com/schedule-online/

Your legacy is worth more than a password scribbled on a napkin.

Let’s secure it — before someone else can’t.