Authority: RUFADAA in NY, NJ, and OH
All three states have adopted versions of the Revised Uniform Fiduciary Access to Digital Assets Act.
Digital Asset Estate PlanningLegacy Counsel
Digital Asset Estate Planning
Self-custodied crypto is the single most common asset we see lost to bad estate planning.
Key Points
- ◆RUFADAA-compliant authority over online accounts (NY, NJ, and OH have all adopted)
- ◆Secure inheritance protocol for seed phrases and hardware wallets
- ◆Multi-signature and time-locked wallet structures for high-value holdings
- ◆Inventory and access plan for domains, SaaS accounts, and recurring revenue
- ◆Coordination with trusts for tax basis step-up and dynasty planning
Access: where the seed phrase actually lives
Authority does not help if no one can reach the wallet.
Tax and structural considerations
Crypto held until death gets a step-up in basis.
Frequently Asked
What happens to my crypto if I die without an inheritance plan?+
If your private keys or seed phrase are not accessible to anyone, the crypto is permanently lost.
Can I just put my seed phrase in my will?+
Never.
Are NFTs treated the same way?+
Functionally yes — possession of the wallet equals control.
Next Step
Talk to Legacy Counsel.
Fixed-fee estate planning for clients in New York, New Jersey, and Ohio.
Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.
Prospective Client Disclaimer. Submitting this form does not create an attorney-client relationship. Do not send confidential or time-sensitive information until we have signed an engagement letter. We will review your submission and follow up to discuss whether we can represent you. By submitting, you consent to be contacted about your inquiry.