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Managing digital assets: Challenges fiduciaries face

On Behalf of | Jun 17, 2024 | Firm News |

Managing digital assets can be complex for fiduciaries. It is especially hard given the variety of asset types and the evolving legal landscape. Digital assets include cryptocurrencies, digital accounts, and intellectual property, each posing unique challenges.


Cryptocurrencies like Bitcoin and Ethereum are hard to manage. They are decentralized and use blockchain technology. This makes them tough to trace and access without proper keys. Their value can change quickly, which adds more complexity. Securing them requires knowledge of digital wallets, which people can lose. People can also hack these wallets. The legal status of cryptocurrencies also varies, making it even more complicated.

Digital accounts

Digital accounts include social media, email, and cloud storage services. These accounts often have personal and sensitive information. Fiduciaries may have trouble accessing these accounts due to privacy policies. Managing data according to the owner’s wishes while following privacy laws is challenging. These policies and terms of service agreements determine if fiduciaries can transfer accounts. 

Intellectual property

Intellectual property includes copyrights, patents, and trademarks. These assets need special knowledge to manage well:

  • Valuation: Determining the value of intellectual property can be tough due to its intangible nature.
  • Licensing and royalties: Managing ongoing licensing agreements and royalties needs constant attention.
  • Legal protection: Protecting intellectual property rights involves complex legal processes.

Navigating the digital asset landscape

Digital assets are only growing in popularity. As such, fiduciaries managing digital assets face a tough landscape. The complications of handling these modern forms of wealth often require outside guidance. To handle these assets appropriately, fiduciaries might need support from legal professionals. It’s crucial for fiduciaries to feel prepared to preserve these assets for years to come. 


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