Blockchain Technology and Estate Planning: Cryptocurrencies, NFTs, E-Wills, and Other Ways Blockchain May Affect Modern Estates

Digital assets were only the beginning. Today, there is a new intersection of technology and property interests that most estate planners – in fact, most people – don’t yet understand.

Slowly, but surely, estate planners are starting to see clients with asset portfolios that include cryptocurrency and non-fungible tokens (NFTs). Much like tangible property or other intangible interests, these are assets of value, and therefore must be addressed as part of the estate plan. But unlike more traditional forms of property, understanding the nature of these assets requires some background information, and answers to some basic questions. What exactly are they? How are they owned? How can they be transferred? And maybe most importantly in a time of potential tax law changes, how are they valued?

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Vanessa Kanaga currently serves as InterActive Legal’s Special Advisor on Estate Planning and Legal Strategy.  She is the former CEO of InterActive Legal.  Vanessa received her J.D. from Cornell Law School and holds a B.A. in Philosophy from Wichita State University, as well as an Advanced Professional Certificate from New York University School of Law. She is licensed in New York, Kansas, and Arizona, and currently lives in Arizona.

Prior to joining InterActive Legal in 2013, Vanessa practiced in New York, at Milbank LLP and Moses & Singer LLP, and in Kansas, at Hinkle Law Firm, LLC. She has experience in a range of estate planning matters, including high net worth tax planning and asset protection planning.

In 2024, Vanessa returned to the practice of law.  She is an Associate Attorney at Greengard Law Firm, PLC in Phoenix, Arizona.

Bridget J. Crawford

Bridget J. Crawford is a Professor of Law at the Elisabeth Haub School of Law at Pace University, and author of the 2020 article “Blockchain Wills” in the Indiana Law Journal.  Professor Crawford teaches Federal Income Taxation; Estate and Gift Taxation; and Wills, Trusts and Estates. Her scholarship focuses on issues of taxation, especially wealth transfer taxation; property law, especially wills and trusts; tax policy; and women and the law.  Prior to joining the Pace faculty, Professor Crawford practiced law at Milbank Tweed Hadley & McCloy LLP in New York (now Milbank LLP). Her practice was concerned with income, estate and gift tax planning for individuals, as well as tax and other advice to closely-held corporations and exempt organizations.

Matthew McClintock

Matthew T. McClintock lives in Evergreen, Colorado and focuses on the areas of estate planning, long-term trust design & implementation, planning for cryptocurrencies and other digital assets, business startup and transition, and domestic and international asset protection. He has a special interest in emerging technologies, blockchain development and cryptocurrency adoption, and is involved in developing legislation and legal solutions for leaders in disruptive tech companies. Matt is a frequent presenter and author, usually on those areas of law and their impact on individuals, families, and businesses.

Marc Serota

Marc Serota is an experienced sports and portrait photographer based in the Florida Keys, who has developed experience in the world of non-fungible tokens, or “NFTs.”  As a portrait photographer Marc has lensed iconic athletes and celebrities for Corbis and Getty Images as well as major brands such Sports Illustrated, ESPN, the NBA, the NHL, and the NFL.  Marc has also logged 25+ years with news agencies such as Reuters, Getty Images, The Associated Press, and UPI, shooting the biggest news, entertainment, and sports stories from the early 1990’s and into the 2020’s, and has covered numerous Super Bowls, Olympic games, NHL Stanley Cups, NASCAR races, and PGA events.

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