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Texas Estate Planning Blog

Estate planning attorney Boerne TX
Shawn McCammon
Shawn McCammon
Attorney at Law

Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.

Learn More About Shawn

Crypto and Digital Assets in Texas Estate Planning — What Every Investor in Boerne, San Antonio, and Kerrville Should Know

November 13, 2025
Discover how investors in Boerne, San Antonio, and Kerrville can protect cryptocurrency and digital assets through modern estate planning with McCammon Law, P.C.

Many families and investors in Boerne, TX, now balance traditional investments with newer digital assets, such as cryptocurrency and NFTs, as well as income from online platforms. But what happens to these digital assets if something happens to you?

For many Texas investors, estate planning has expanded far beyond real estate and retirement accounts. Your digital estate—from crypto wallets to cloud storage—needs the same level of protection and legal structure as your physical property.

Yet, most families in Boerne, San Antonio, and Kerrville have never considered how their online lives fit into their estate planning, including wills and trusts. Losing access to crypto keys or online business accounts can mean losing real money—and real legacy value.

This is where a knowledgeable estate planning attorney in Boerne, TX, comes in, helping families combine modern tools with Texas estate law to safeguard every aspect of their wealth.

Understanding Digital Assets in a Texas Estate Plan

Digital assets now form a large portion of many families’ estates. This includes cryptocurrency, NFTs, intellectual property, online stores, and even social media accounts.

Digital estate planning in Texas requires special attention because digital property isn’t always recognized as such under traditional probate laws.

Examples include:

  • Cryptocurrency: Bitcoin, Ethereum, or altcoins stored in exchanges or cold wallets
  • NFTs and digital art with real-world value
  • Online businesses and domain names
  • Subscription accounts and monetized social profiles

Without a clear succession plan, heirs may be unable to access or transfer these assets—even if they are aware of their existence. Under the Texas Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA),

Executors only gain digital access if authorized in your estate documents.

A trust administration lawyer in Boerne can include these permissions directly in your will or trust to help make sure no part of your estate is lost in cyberspace.”

How to Include Cryptocurrency in a Texas Will or Trust

Integrating crypto into an estate plan isn’t as simple as listing assets—it requires knowing how to access them legally and securely.

To avoid loss, consider these key steps:

Inventory Your Holdings

  • Document wallet addresses, types of coins, and exchange accounts.
  • Keep records offline and encrypted.

Authorize Your Executor or Trustee to Manage Digital Assets

  • Under Texas law, you can authorize your chosen executor or trustee to manage digital assets, including cryptocurrency and NFTs.
  • Your estate planning attorney can include specific language in your will or trust granting this legal authority under the Texas Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).

Provide Access Instructions

  • Store private keys and passwords in a secure vault or a trusted, encrypted file.
  • Never place them directly in your will (since it becomes public record).

  • A will and trust attorney in Boerne can help you structure your crypto plan to comply with state and federal laws.

This approach enables your heirs to access and transfer assets safely, without risking theft or loss of value.

For families learning the basics of wills and trusts, our Estate Tax Planning Services explains how taxes and documentation affect inheritance.

LLCs and Trusts: Modern Tools for Crypto Protection in Texas

As crypto portfolios grow, more Texas investors are using LLCs and trusts to protect their holdings.

Why an LLC?

An LLC (Limited Liability Company) provides an additional layer of legal protection between your cryptocurrency and personal liability. It can:

  • Protect your assets from creditors or lawsuits
  • Simplify ownership transfer upon death
  • Maintain operational control while planning for succession

Some families in Boerne and San Antonio opt to create LLCs to manage their collective crypto investments, allowing heirs to inherit membership interests rather than complex private keys.

Why a Trust?

Trusts remain the cornerstone of privacy and control. A revocable trust lawyer in Boerne can help you:

  • Assign crypto ownership privately, avoiding public probate
  • Appoint a digital-savvy trustee to manage digital assets
  • Incorporate encryption and secure sharing mechanisms

Protecting crypto wallets and NFTs in estate plans through trusts helps keep your digital wealth confidential and accessible to future generations.

Continuity Planning for Cold Wallets and Private Keys

Cold wallets are among the most secure ways to store crypto—but also the most vulnerable to being lost forever if heirs can’t access them.

Continuity planning helps facilitate smooth asset transfer without compromising security.  A trusted estate planning attorney in Kerrville, TX can help you:

  • Establish a two-part system: one part listing your assets, the other storing secure access credentials.
  • Include permissions under RUFADAA that allow your chosen executor or trustee to access your digital assets legally.
  • Use multi-signature wallets or custodial arrangements for safe access.

This forward-thinking approach prevents irreversible loss and aligns with crypto inheritance planning strategies in Boerne, TX, that protect both privacy and long-term value.

Taxes and Reporting for Crypto in Texas Estates

While Texas doesn’t impose state estate taxes, the IRS still requires reporting on inherited crypto.

In 2024, the IRS confirmed that cryptocurrency is treated as property, subjecting it to capital gains rules.

A 2024 CNBC report found over 20% of U.S. investors now hold cryptocurrency, yet fewer than 10% have integrated it into their estate plans. This gap highlights the growing risk of unplanned digital inheritance.

A professional estate planning attorney in San Antonio, TX can help families:

  • Properly value crypto holdings for probate or trust distribution
  • Document digital transactions for IRS reporting
  • Minimize taxable gains for heirs through planned gifting or trust transfers

Tax treatment of cryptocurrency may vary depending on federal updates and individual circumstances. For tax advice, consult a qualified tax professional. Planning ensures compliance and helps heirs avoid penalties or frozen accounts during the probate process.

To learn how McCammon Law supports families through complex estates, explore our Probate and Estate Administration page.

The Role of Technology and AI in Modern Estate Planning

Technology now enhances how Texas attorneys manage estate planning.

AI-based tools help identify unrecorded assets, automatically update records, and ensure compliance with evolving regulations.

At McCammon Law, P.C., we combine these innovations with traditional values, ensuring that estate planning for digital entrepreneurs in San Antonio remains both secure and human-centered.

Emerging software allows clients to:

  • Store encrypted copies of key documents
  • Receive reminders for legal updates
  • Share access with fiduciaries safely

It’s the perfect intersection of modern tech and Texas estate law.

Why Digital Asset Planning Matters for Families in Boerne, San Antonio, and Kerrville

Whether you’re an investor, business owner, or creator, your digital footprint is part of your legacy.

Failing to plan for it can lead to confusion, loss, or even litigation.

Families across Boerne, TX, and nearby areas like San Antonio and Kerrville now seek estate plans that cover:

  • Crypto and online business ownership
  • Secure handoff of digital access
  • Compliance with blockchain assets in Texas estate law

A reliable estate planning attorney near me in Texas understands how to bridge traditional estate principles with today’s fast-moving digital reality.

Is Your Digital Wealth Truly Protected for the Next Generation?

Estate planning in Texas is changing fast—and your crypto, NFTs, and online accounts are just as valuable as your home or investments. But are they protected the same way?

Partnering with a skilled estate planning lawyer in Boerne ensures that your legacy—both digital and physical—is secure under both Texas and federal law. Every coin, token, and password can be adequately documented, allowing your heirs to inherit safely and seamlessly.

At McCammon Law, P.C., we assist families in Boerne, San Antonio, and Kerrville in adapting to the future of wealth protection. Whether you manage a growing crypto portfolio or an online business, now is the time to take proactive steps that safeguard what you’ve built.

To better understand how modern planning works, register for our Free Estate Planning Webinar, where we break down how crypto, NFTs, and online accounts fit into today’s estate laws—simple, practical, and designed for Texas families.

👉 Register for Our Webinar

Then, when you’re ready to take the next step, request a consultation to create a customized estate plan that secures your assets for generations to come.

Your digital wealth deserves protection that lasts as long as the blockchain itself.

Frequently Asked Questions

What are considered digital assets in Texas estate planning?

Digital assets include cryptocurrency, NFTs, online businesses, intellectual property, social media, and any data stored electronically that holds financial or sentimental value.

Can I include cryptocurrency in my will in the state of Texas?

Yes, but it requires specific wording. An estate planning attorney in Boerne, TX, can include cryptocurrency in your will or trust while keeping access credentials secure and compliant with RUFADAA.

Do I need to name someone to manage my digital assets?

You don’t need a separate ‘digital executor.’ Under Texas law, your executor or trustee can manage digital property if your will or trust explicitly grants that authority, as outlined in RUFADAA. An estate planning attorney in Boerne can add the proper authorization language so your fiduciaries can legally access your online accounts and cryptocurrency.

How do taxes apply to cryptocurrency inherited from a deceased individual?

Inherited crypto follows federal capital gains tax rules. The IRS treats it as property, and its valuation at the time of death determines the taxable gain upon sale.

What happens if my heirs lose access to my crypto wallet?

Without private keys or stored access, crypto can be permanently lost. That’s why planning secure access under the guidance of an attorney is critical.

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138 Old San Antonio Rd.
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Boerne, TX 78006

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138 Old San Antonio Rd., Suite 504
Boerne, TX 78006

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