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Biggest mistakes crypto investors make with estate planning

CNBC's profile
Original Story by CNBC
December 6, 2025
Biggest mistakes crypto investors make with estate planning

Context:

As cryptocurrency ownership rises, many investors neglect to include these assets in their estate plans, risking significant losses for heirs. A significant portion of U.S. adults, estimated at 14-17%, own crypto, yet only 24% have wills that outline asset management after death, leaving many without clear access to digital holdings. While revocable living trusts can facilitate smoother transitions of crypto assets, the lack of updated estate documents and knowledge of private keys often complicates inheritance. The consequences of these oversights can be costly, particularly given the evolving tax implications on substantial crypto portfolios. Moving forward, investors must prioritize proper estate planning to safeguard their digital legacies.

Dive Deeper:

  • The National Association of Unclaimed Property Administrators indicates that approximately 1 in 7 individuals leave unclaimed property, underscoring the risks of neglecting estate planning for crypto holdings.

  • A survey from Caring.com reveals that only 24% of Americans have a will addressing posthumous asset management, with many failing to update their wills, which can render them outdated and ineffective for digital assets.

  • Azriel Baer, an estate planning attorney, suggests transferring crypto assets to a revocable living trust to provide immediate access to heirs, as probate processes can delay access to assets for months.

  • Heirs often lack knowledge of private keys necessary for accessing crypto funds, leading to potential losses; Baer cites cases where tens of millions in crypto were lost due to heirs' ignorance of these keys.

  • Jonathan Forster highlights that significant crypto holdings can incur substantial estate taxes, emphasizing the necessity for proactive planning to mitigate tax liabilities and facilitate efficient asset transfer.

  • Keeping track of cost basis in crypto investments is crucial for accurate tax reporting, particularly if investors plan to gift digital assets during their lifetime, as noted by Baer.

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