Rockledge, FL asked in Probate and Estate Planning for Florida

Q: My husband pasted away June 2018. I am waiting to go through probate in another year but he has Bitcoins

Does that have to go through probate also or can I cash those in

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of your husband, please accept my condolences. Any assets that a person owns in their name alone will normally have to go through probate unless there is some pay on death, transfer on death or survivorship designation on a deed or similar that allows for the transfer of that asset outside of probate. Bitcoins would normally be in some sort of investment or other brokerage account and would likely pass based on joint ownership or some survivorship designation, you should check with the institution. If you have access and ownership rights, you can likely do as you please with those assets. I would encourage you to first review any actions with a probate attorney to make sure what you are doing is correct and legal.

Bruce Alexander Minnick agrees with this answer

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