Digital Assets in Estate Plans: The Six-Figure Question Your Clients Aren’t Asking

For financial advisors managing the complexity of estates, the frontier of wealth planning is no longer focused solely on tangible assets. It is digital. Your clients hold substantial value in airline loyalty points, cryptocurrency, and domain names: assets that are often entirely invisible to their estate planners. This gap is no longer a niche problem; it is a fiduciary liability and a significant missed opportunity for bringing deeper client value.

Every estate plan that remains silent on digital property risks permanent financial loss for beneficiaries and creates unnecessary legal and administrative friction for the fiduciaries administering the estate and the family’s financial advisors. To close this gap at scale, fiduciaries and advisors require a modern, integrated platform designed to secure all client wealth. Wealth.com empowers advisors to transition from managing historical wealth to safeguarding the modern reality of their clients’ full financial lives.

The Scale of the Hidden Asset Class

The term “digital assets” encompasses far more than just financial technology. It includes any online account, file, or data that holds either monetary or sentimental value. These assets have grown in value and complexity at an exponential rate, yet estate planning practices have largely lagged.

The collective value of digital property, including cryptocurrency and digital assets held globally, is measured in the trillions of dollars. According to the IMARC Digital Asset Management Market Size, Share, Trends and Forecast Report, The market for digital asset management—which includes the systems required to manage this content—is projected to be a multi-billion dollar sector, underscoring the substantial enterprise attention being paid to this asset class. Advisors must position themselves ahead of this trend to capture the planning opportunity.

The Core Problem: Security Versus Access

The primary barrier to including digital assets in an estate plan is the inherent tension between security and fiduciary access. Digital assets, especially decentralized ones like cryptocurrency, are designed to be accessible only with specific, private credentials. The security that protects the owner during life is precisely what locks out the fiduciary after death.

Consider a common scenario: A client, a dedicated cryptocurrency investor, dies with over $200,000 in crypto holdings stored in a cold wallet. The client’s Will names a spouse as the executor, but the spouse was never informed where the seed phrase (the recovery key) was stored. Despite the legal document stating the spouse is the sole heir, the court is unable to access the funds. The money remains locked on the blockchain, permanently inaccessible to the estate. In addition, the bureaucratic elements of interacting with the companies that control the digital asset (like Facebook for social media accounts and Apple or Google for cloud-stored content) can be a source of distress for the family.

A will or a trust may grant legal authority to the executor, but it does not provide the practical access required by the digital asset custodian. Without specific instructions for access, a substantial portion of the client’s wealth can be lost forever. Wealth.com solves this critical access problem by providing a secure, centralized system for managing explicit access directives separate from the public-facing legal documents.

The Legal Framework: RUFADAA and the Hierarchy of Consent

Advisors cannot afford to rely on generic language that applies to traditional assets. The management of digital assets after death or incapacity is primarily governed by the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which has been adopted in over 45 states.

RUFADAA established a clear, three-tiered hierarchy for determining how a fiduciary can access a client’s digital assets, with the client’s direct, explicit consent overriding nearly everything else.

1. Online Tools (Highest Priority): A client’s instructions made through the custodian’s own platform (e.g., Google’s Inactive Account Manager, or Facebook’s Legacy Contact) override all other legal documents and the custodian’s Terms of Service.
2. Legal Documents: In the absence of an online tool, a client’s express directions in a will, trust, or power of attorney control the fiduciary’s access. This requires clear language specifically addressing digital assets in all three legal documents. This explicit power is often missing from older estate planning documents.
3. Terms of Service (TOS): If a client provides no direction via an online tool, or legal document, the custodian’s Terms of Service agreement dictates access.

For the client, the power of attorney, will and trust are critical tools. By using a durable Power of Attorney with express authority, an agent can manage digital assets during a period of incapacity. Wealth.com makes it simple to place digital assets in your client’s trust during life (“funding” the trust) and the forms provide explicit powers to the executor, trustee, and agent, ensuring that they have the best chances to access the client’s digital assets once something happens to the client. 

A Practical Conversation Guide for Advisors

To effectively incorporate digital assets into an estate plan, you must move beyond basic financial reviews and become a proactive digital asset manager for the firm’s clients. This begins with a simple, direct conversation.

The Three-Question Digital Asset Diagnostic:
Use these three questions in your next client review to identify planning gaps:

1. “Do you have any assets that exist only online?” This moves the client past the definition of “crypto” and includes frequent flyer miles, domain names, investment account logins, and cloud storage. The focus is discovery, not valuation.
   1. It is common for heirs to struggle dividing and transferring points from rewards programs like frequent flyer miles or credit card rewards. If your client has valuable points, help them look into the program’s policies for post-death transfers.
2. “If you were to become suddenly incapacitated, does your designated fiduciary (Trustee, Executor) have the credentials to access those assets?” This highlights the access problem. The client may have the account listed, but does the fiduciary have the private key or access to the device to complete multi-factor authentication (MFA)?
3. “Where do you currently store the access information (passwords, private keys, seed phrases) for these assets?” If the answer is “in my head,” “on a sticky note,” or “in the Will,” the advisor must intervene to advocate for a secure digital document management strategy. 

The Wealth.com platform provides a proprietary, secure digital vault where fiduciaries can find necessary access information only upon authorization, eliminating the risk of paper-based or public record exposure.

How Wealth.com Modernizes Digital Asset Planning for Your Firm

Wealth.com empowers advisors to close the digital asset gap and deliver comprehensive estate planning solutions at scale. The platform is purpose-built to address the unique compliance, security, and access challenges presented by modern wealth.

• Integrated Digital Vault: The platform’s digital vault provides a secure, single source of truth for all client documents and digital asset credentials. This eliminates the risk of losing private keys or relying on the flawed approach of listing passwords in a public Will.
• Advisor-First Efficiency: By integrating estate planning with digital asset management, the platform streamlines the entire client experience. You spend less time tracking down scattered information and more time delivering high-value advice, driving efficiency and client impact for your firm.
• Comprehensive Planning: The platform’s technological and legal depth ensures that whether the client’s wealth is invested in a mutual fund or stored in a cold storage wallet, the estate plan is truly modern and comprehensive, protecting the full scope of their financial legacy.
  • Points to Consider:
    • Will your clients be successfully passing any objective value in the digital assets to your intended beneficiaries? Examples include inheritance of frequent flyer miles or crypto.
    • Did your client set up the post-death access and control rights to someone where possible? Examples include social media like Facebook or cloud-storage access.
    • Does your client grant post-death access and control rights to their executor/trustee through their will or trust?

By adopting Wealth.com, you deliver better client outcomes by moving beyond outdated, fragmented processes and reinforcing your firm as the trusted expert in securing wealth for the digital future.

Sources

• Carolina Estate Planning. Why 90% of Crypto Holders Will Accidentally Disinherit Their Families.
• Kitces, Michael. Why Managing Digital Assets is Critical In Estate Planning.
• IMARC. Digital Asset Management Market Size, Share, Trends and Forecast by Type, Component, Application, Deployment, Organization Size, End-Use Sector, and Region, 2025-2033.
• Uniform Law Commission. Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).