Page 7 - Jupiter West - May '23
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Jupiter West, Page 7
      Don’t Let Your Cryptocurrency



      Give You And Your Loved Ones Nightmares



      By Anné Desormier-                                 made it easier for his fiduciaries to gain access to the   and what your wishes are for it after your death. Failing
      Cartwright, Esq.                                   cryptocurrency, they might have been able to start the   to address this planning will leave your family without
        Although                                         sell-off sooner, when the value was higher.       a clue as to what you truly owned at your death.
      cryptocurrency may                                 Forgetting Your Password Can Be Expensive           Cryptocurrency is an amazing advancement for secure
      be one of the latest                                 Stefan Thomas, a software developer, was an early   and private transactions. This groundbreaking investment
      investment strategies                              adopter of Bitcoin. In fact, he created a video in 2011   strategy has the potential to forever change how we view
      with great potential, for                          about how digital currency works and was awarded 7,002   money and financial transactions. Because it is so new,
      some individuals and their                         Bitcoins.  To store his Bitcoins, Thomas used a USB hard   finding and managing cryptocurrency may present some
                                                                2
      loved ones, investing in                           drive  known  as  an  IronKey  that  contained  his  digital   barriers. To best protect yourself and your loved ones,
      cryptocurrency has not                             wallet. Later that same year, he lost the password to his   we encourage you to speak with a trusted advisor to craft
      gone as planned.  The                              IronKey. IronKey allows only 10 attempts to enter the   your cryptocurrency plan.
      following stories are each a                       password before it is encrypted forever. As of January     Call our office today at (561) 694-7827, Elder & Estate
      little different, but they all underline one simple warning:   2021, he had only two attempts remaining.  Although the   Planning Attorneys PA, 480 Maplewood Drive, Suite 3,
                                                                                            3
      If you own cryptocurrency, you need a plan.        value of Bitcoin has dropped significantly, his Bitcoin is   Jupiter, FL 33458.
      Impact Of Volatility On Estate Administration      still worth well over $100 million dollars.  Unfortunately,     The content of this article is general and should not be
                                                                                           4
        Matthew Mellon, an investor and businessperson who   unless he remembers his password or is somehow able to   relied upon without review of your specific circumstances
      was a member of two prominent families, the Mellons   get around it, he will never see that money.   by competent legal counsel. Reliance on the information
      and the Drexels, died in April 2018.  At the time of his     This should serve as an important lesson for all of us.   herein is at your own risk, as it expresses no opinion by
                                     1
      death, his estate was estimated to be worth approximately   Items that require a password do so for a reason. However,   the firm on your specific circumstances or legal needs.
      $200 million. Much of his wealth came from a $2 million   we cannot always assume that we will remember it or that   An attorney client relationship is not created through the
      investment in the cryptocurrency XRP, managed by the   someone else will be able to retrieve it for us. You must   information provided herein.
      company Ripple.                                    have a system in place to make sure that you or your trusted     To comply with the U.S. Treasury regulations, we must
        Mellon died with an outdated will that did not mention   decision makers can access your passwords when necessary.  inform you that (i) any U.S. federal tax advice contained
      his cryptocurrency. It was later discovered that he kept the   Dead And Gone                         in this newsletter was not intended or written to be used,
      keys to his cryptocurrency on various devices throughout     Matthew Moody, a miner of Bitcoin, tragically passed   and cannot be used, by any person for the purpose of
      the country and under other people’s names. Fortunately,   away at the age of 26 in a plane crash.  At the time of his   avoiding U.S. federal tax penalties that may be imposed
                                                                                        5
      his lawyers were able to access his cryptocurrency by   death, he owned Bitcoin that he mined. However, no one,   on such person and (ii) each taxpayer should seek advice
      working with Ripple. However, it is extremely rare for   not even his parents, knows how to go about finding it.   from their tax advisor based on the taxpayer’s particular
      anyone to be able to access cryptocurrency without a plan.  No one knows how much he owned, where it was stored,   circumstances.
        Because the value of the XRP fluctuated by       or how to access it. Depending on how much he owned at   1 Grace Ferguson, How a cryptocurrency fortune crippled
      approximately 30 percent in the weeks after Mellon’s   the time of his death, this could be a nice sum of money   a deceased billionaire’s estate, The Daily Dot (Dec. 23,
      death, it was crucial that the XRP be liquidated quickly   for his loved ones; but because Moody did not share this   2021),  https://www.dailydot.com/debug/death-internet-
      to pay his outstanding debts, income tax obligations,   information with his family and, like most 20-somethings,   cryptocurrency-matthew-mellon/.
      and estate tax. However, Mellon had entered into an   did not have an estate plan, it will remain a mystery to   2 This man owns $321M in bitcoin — but he can’t access
      agreement with Ripple that limited the amount of XRP   his family.                                   it because he lost his password, CBC Radio-Canada
      that  could  be  sold  at  a  given  time. This  delayed  the     While it may be easy for your loved ones to determine   (Jan. 15, 2021), https://www.cbc.ca/radio/asithappens/
      wrapping up of his affairs. By the end of 2019, his estate   most of what you own at the time of your death by going   as-it-happens-friday-edition-1.5875363/this-man-owns-
      was worth less than half of the original value at his time   through your mail, searching your computer, or looking   321m-in-bitcoin-but-he-can-t-access-it-because-he-lost-
      of death because the XRP had lost about two-thirds of   through your residence, cryptocurrency can be a lot harder   his-password-1.5875366.
      its value.                                         to find. Depending on the type of wallet you use, it may   3 Steve Marshall, The latest gamble to recover man’s lost
        Had Mellon been up front with his trusted decision   not be obvious to your loved ones that you own something   Bitcoin fortune, A Current Affair, 9 Now, https://9now.
      makers and advisors, they might have been able to craft   of potentially high value. This is why it is important that   nine.com.au/a-current-affair/bitcoin-software-
      a plan that provided his estate with the necessary funds   you have a plan for your cryptocurrency. A trusted person   developer-stefan-thomas-fortune-rising-forgotten-
      to pay his outstanding obligations without having to   needs to know that you own cryptocurrency, the type you   millions/1e0f32bb-62ed-464c-8ac1-63716779bdfe (last
      rely primarily on the XRP. Additionally, if his plan had   own, how it is stored, how to access it when necessary,   visited Dec. 2, 2022).
                                                                                                           4 Bitcoin Price, CoinDesk, https://www.coindesk.com/
                                                                                                           price/bitcoin/ (last visited Nov. 23, 2022).
                                                                                                              5 Bloomberg News, Legislation is needed to help heirs
                                                                                                           access bitcoin accounts, Investment News (Feb. 18,
                                                                                                           2022), https://www.investmentnews.com/legislation-is-
                                                                                                           needed-to-help-heirs-access-bitcoin-accounts-73449.






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