By Ryan McCall, esQ.

Cryptocurrency has become one of the newest and most prevalent investments of the last two years. As a result, the courts are now faced with the prospect of having to evaluate and distribute cryptocurrency as a marital asset during a divorce proceeding.  

What makes this new and innovative technology so complex is figuring out how much each cryptocurrency is worth.

Assuming a spouse is using a U.S.-based exchange, determining the value of an individual cryptocurrency is relatively simple. All that is needed is a subpoena duces tecum to that institution to obtain the necessary documents. Under these pretenses, the subpoenaing attorney would receive statements detailing how many funds were listed with that exchange and the assets could be easily valued as of any given date just as if dealing with stocks and investment assets.

However, what has become increasingly difficult is the rise of popular international cryptocurrency exchanges. Many of these exchanges are unregulated and will not comply with United States federal regulations. Courts should not be deterred by this in establishing a value for cryptocurrency as a marital asset.

In theory, certain cryptocurrencies—with the most popular one being Bitcoin—utilize blockchain technology, with each individual Bitcoin having a different identification number than the next. Blockchain technology has a continuous ledger of ongoing transactions that are performed and tracked. 

With that being said, there are numerous ways savvy investors can attempt to hide their funds. The most popular way for someone to do this is through a “tumbler” which can issue a separate Bitcoin or fraction of a Bitcoin from the one currently in your possession. This creates a very difficult scenario for lawyers who would be faced with the task of attempting to track down these funds.

By David A. Kubikian, Esq.

The word “succession” has become a larger part of our lexicon because HBO a few years back created an immensely watchable show about the cut-throat world of a family owned media company where hundreds of millions of dollars are at stake depending on who gets to take over when Dad leaves (or dies).  

Entertaining? Yes.  Realistic?  Maybe.  A learning moment?  Definitely.  

Succession is defined as being “the action or process of inheriting a title, position, property, etc.”  Every business, regardless of size, will deal with a succession event if it is in business long enough.  While family in-fighting on private jets may be reserved for the Roy family on TV Sunday evenings, the planning as to the who, when, and how your business transitions from one generation to the next (or not at all) is something that should take shape long before an actual transition happens.   

To illustrate this point, consider a few common issues that come up:

1. The Estate Planning Angle. An all too typical scenario, the business, started by one generation has a younger generation heavily involved.  One child seems to have the chops to continue to run the business once “Dad” hands over the reins (that is IF he ever hands over the reins).  Another child is involved but not as much.  

A third child has no interest in the business and in fact lives out of town. Dad’s estate plan is to treat all of his kids the same. That is, his Last will and testament or his living trust state that all assets held by the trust or governed by the will pass evenly to his “issue”.  

Does this include the business?  The technical answer is that it depends on how the business is structured and how it is owned. Whether the business has operating documents concerning the transfers of shares at death or whether there is a buy-sell agreement in place.  In the event that the organizational documents reflect a certain chain of ownership, what impact does that have on the distribution of non-business assets via Will/Trust?