Professor Deborah Hoffman, Visiting Assistant Professor of Law at CSU Law, has published an article titled “Digital Assets and Estate Planning: Preventing and Resolving Trust and Probate Challenges,” co-authored with Wesley Brandi, CTO of Praefortis. The article appears in the January/February 2026 issue of ABA Probate & Property, a publication of the American Bar Association’s Real Property, Trust and Estate Law Section.
The article addresses the growing intersection of digital assets and traditional estate planning, as cryptocurrencies, NFTs, and other blockchain-based holdings become increasingly common in trusts and probate proceedings. It explores the unique challenges these assets present, including inventory and documentation gaps, access issues involving private keys and recovery phrases, and limitations fiduciaries may face under federal and state law.
The article also speaks to practical strategies for estate planners and fiduciaries, including drafting trust provisions that authorize access and management of digital assets, planning for secure custody and recovery, and anticipating disputes that may arise when assets are missing, inaccessible, or alleged to be misappropriated. It is aimed at trusts and estates attorneys, fiduciaries, and litigators navigating the legal and technical realities of digital wealth.