Protecting Your Family from the Probate Nightmare | Franco Della Torre
Most people have no plan for what happens to their digital assets when they die. That gap is about to get a lot more expensive.
In this episode, Franco Della Torre, Esq., managing attorney at Della Torre Law, joins host Niki Weiss to break down what happens to crypto, tokenized assets, and startup equity when a founder dies without a plan, and why every estate plan needs to account for digital assets now.
CHAPTERS
0:00 Nobody Thinks About Dying
1:00 Welcome and how Franco and Niki connected at Consensus Miami
2:01 The Clarity Act and what it means for digital asset regulation
4:12 Blockchain, AI, and data centers: where we are heading
6:30 What happens to a business when a founder dies without a plan
9:10 Shareholders agreements, operating agreements, and the four Ds
11:27 Why digital assets make estate planning more complicated
18:15 Crypto in your 401k and tokenized real estate explained
21:01 Tokenization of real world assets: a 101
25:24 Smart contracts and the future of estate planning
30:03 Blockchain explained simply and why it matters for legacy planning
31:40 What the next 12 to 18 months look like for digital assets
36:08 Franco's takeaway and where to find him
WHAT YOU WILL LEARN
- What legally happens to crypto and digital assets when someone dies without a plan, and why private keys are the critical gap
- Why shareholders agreements and operating agreements are the business equivalent of an estate plan, and what fails without them
- How tokenized real estate, art, and other assets work and why courts do not yet treat them the same as physical property
- What a smart contract is and how blockchain technology could automate the transfer of digital assets after death
- Why people in their 30s and 60s alike may already own crypto without realizing it, and what to include in an estate plan now
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