Sponsored By
Trusts & Estates logo

The Fiduciary’s Guide to Cryptocurrency: Part IIThe Fiduciary’s Guide to Cryptocurrency: Part II

Investment and distribution by executors and trustees

16 Min Read
Taback-GettyImages-1302791678.jpg

Cryptocurrencies are digital assets that present unique challenges for fiduciaries. Here, we provide a practical, question-and-answer guide exploring the investment and distribution of cryptocurrency by executors1 and trustees.

Investing in Cryptocurrency

What basic principles applicable to the investment of property held in a fiduciary capacity can present problems for fiduciaries holding cryptocurrency? Trustees have the general duty to invest and manage trust assets as a prudent investor would, in light of the purposes, terms, distribution requirements and other circumstances of the trust.2 Executors may have identical3 or similar duties under applicable law, which can depend on the length of time property is expected to be held prior t...

Unlock All Access Premium Subscription

Get Trusts & Estates articles, digital editions, and an optional print subscription. Choose your subscription now and dive into expert insights today!

Already Subscribed?

About the Authors

Ivan Taback

Partner, Proskauer Rose LLP

 

Ivan Taback is a Partner in the Personal Planning Department and a member of the Private Investment Funds Group. Ivan concentrates his legal practice in the fields of federal estate, gift and generation-skipping taxes, charitable trusts, estate and trust administration and fiduciary litigation. His practice extends to matters involving all aspects of sophisticated planning and wealth preservation for families and individuals. He has extensive experience in the preparation and administration of wills and trusts, and the formation and reorganization of closely held corporations, partnerships and limited liability companies.

Ivan has counseled clients in connection with estate planning for private equity and hedge fund managers and is a well-known lecturer on this topic. He has substantial experience counseling clients on estate planning opportunities that arise in connection with the sale of privately held businesses.

In addition, Ivan has extensive experience with all types of life insurance planning, including split-dollar arrangements. He has prepared prenuptial and post-nuptial agreements, powers of attorney and health care proxies. Ivan has administered large and complex estates in New York, New Jersey, and Florida, as well as other states, and has handled numerous IRS estate tax audits. He also has been involved in many Surrogate's Court proceedings.

Ivan also advises individual and corporate fiduciaries in connection with the planning and administration of substantial and complex trusts and estates.

Ivan has co-authored numerous publications, including Starting a Limited Liability Company (published by John Wiley & Sons, Inc.) and several articles that have been published in the New York Law Journal and the New Jersey Law Journal, and has appeared on Bloomberg Television.

Stephen L. Ham IV

Associate, Skadden

Stephen L. Ham IV is an associate, Private Clients/Trusts & Estates, at Skadden in New York City.