E342 Thank You to Our Listeners!
Anthony S. Park
Based on feedback from you, the audience, we're pausing these episodes and will focus on writing instead: Our blog: Our books on Reviews always appreciated! Thank you for sharing all your amazing questions and stories, and thank you for listening!
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E341 How Long to Transfer Real Estate After Death
Anthony S. Park
There is no legal time limit to transfer real estate after death. It could happen quickly, or it could take years. We’ve seen cases where the real estate doesn’t get transferred until generations later. A fast sale is ideal, because problems can emerge in the meantime. There is a lag between the date of death and when the executor gets legal authority to handle the property. So, even “fast” isn’t very fast. How long does it take to get preliminary letters? The executor does not have full authority over the estate until he gets letters testamentary (or letters of administration) from...
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E340 Reasons Not to Make a Loved One the Executor
Anthony S. Park
We’ve talked before about not making a loved one your executor. I recently read an article titled, “.” Here, we’ll add our own perspective for why it’s not a great idea. Being executor can be emotionally difficult It is a duty that begins almost immediately after the death of your loved one. You are grieving the loss while facing a list of daunting tasks. Even normal probate is a lot of work and can be tough while grieving. In a somewhat difficult probate, you . If you are also family and friends with these people, it can be awkward. They will continually ask you when they will...
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E339 Why Sharing Your Seed Phrase is a Bad Bitcoin Inheritance Plan
Anthony S. Park
In this episode, we will talk about self-custodied bitcoiners (not those who have their coin on an exchange or with a third party). Some bitcoiners share their seed phrase with their spouse or adult children. Or perhaps they share their cloned wallet with those trusted individuals. It’s temptingly easy, essentially . But, as we’ll discuss, it can be insecure for reasons you may not think of. Sharing your seed phrase can be dangerously . Relationships change One reason that this plan is not flexible is because relationships change. Married couples can become divorced or...
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E338 Should I Sell My Home Before I Die?
Anthony S. Park
This is a very common question that we get from Solo Agers. We’ll review the pros and cons of making that decision. Reasons to sell your home before you die The biggest reason Solo Agers want to sell their home before they die is because they don’t want to leave a mess for their loved ones. Otherwise, there may be a lot of cleaning, maintenance, and packing for the heirs to do. Additionally, the before it is in sellable condition. Another reason is that Solo Agers may want to downsize anyway. Downsizing is a different topic, so we won’t focus on that here. Reasons to...
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E337 Who Owns a House During Probate?
Anthony S. Park
When someone dies, many folks are confused about who owns the house during probate, right after the death. Technically, the heirs own it immediately upon death, subject to debts and taxes of the estate. But, sometimes is not clear who the heirs are. The probate process decides who exactly are the heirs and places an executor in charge to sort out all those debts and taxes. So, the heirs own the house, but if it is not clear who the heirs are, then you kind of need to wait to see who really owns it. Understandably, this is a bit confusing. We’ll cover common questions on who owns the property...
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E336 Risks of Being an Executor
Anthony S. Park
What are the risks of being an executor? An executor has a lot of power and responsibility during probate, but is correspondingly accountable for everything that happens within the estate. We’ll cover how an executor has risk of even personal liability, how long that risk lasts, and how an executor can protect himself from these risks. Executor personally liable for debts and taxes The executor has personal liability for debts, taxes, and anything wrong with the estate. If an executor makes an error, the court’s first reaction is to deny payment of the executor's commission. If the...
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E335 Why a Letter of Instruction for Bitcoin Inheritance Will Fail
Anthony S. Park
A letter of instruction will likely fail for your bitcoin inheritance plan and should have only a marginal role in your plan, if any. Search for “bitcoin inheritance” and you will probably find lots of people advising you to write a letter of instruction for your heirs. We talked about this and even provided a . Now, having spent a bit more time delving into different approaches to bitcoin inheritance, we’re de-emphasizing a letter of instruction. Note: this applies to self-custodied bitcoin, not held through a third-party. Educate your heirs A letter of instruction is a subcategory the...
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E334 Why Hire a Professional Trustee?
Anthony S. Park
I do serve as a professional trustee, not just executor, or our Solo Ager clients. We’ll cover why our Solo Ager clients are looking for a professional trustee, why they don’t use banks, and how much it costs to hire a professional trustee. Disputes between trustee and beneficiary Why are our Solo Ager clients looking for a professional trustee? The main reason is because of potential disputes between the trustee and the beneficiaries. Unfortunately, this kind of conflict is very common, even more so than between heirs and executors. A trust creates a much longer relationship: an estate...
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E333 Seller Credit When Selling Probate Real Estate
Anthony S. Park
This happens when the buyer agrees to a higher contract price, but the seller also agrees to credit back a set amount to the buyer, so the net purchase price is lower. For example, if the buyer wants the house for $250,000, they would set the contract price at $300,000 with a side agreement that the seller would credit $50,000 on the closing statement, effectively making the price $250,000. Why not just a price reduction? Co-ops (and sometimes condos and homeowners’ associations) want the closing price to be (artificially) higher to maintain their average price per square foot. They don’t...
info_outlineA deadman’s switch is a seemingly elegant and trustless solution for bitcoin inheritance. But if you think it through, it currently has too many problems to work securely.
A deadman’s switch is a protocol or mechanism where, if the creator misses a periodic check-in (ex. push a button every 3 months, reply to a monthly email, etc.), it's assumed the creator has died and will trigger an event.
Types of bitcoin dead man switches
With the first type of deadman's, upon failure to press the button, a pre-loaded transaction executes. Imagine that you set up your E*Trade account to sell a certain number of shares for a certain amount. Similarly, everything is “loaded up” in your bitcoin deadman’s switch, and the pre-loaded transaction automatically executes if the check-in is missed. What happens if you miss the check-in not because you are dead, but because you forgot? It all depends how you set up your plan. So it would be wise to have multiple check-ins required before the event is triggered.
With another type of bitcoin deadman’s switch, upon failure to press the button, a secret gets delivered. The secret may be your seed phrase or pass phrase, and gets delivered by email, telegram, or phone call or sms text. to your heir or executor.
Problems with a deadman’s switch that executes a bitcoin transaction
First, this creates a beneficiary problem. Even in non-bitcoin scenarios, people name beneficiaries on their accounts in order to bypass probate and distribute the account directly to the beneficiary without any supervision.
The problem with naming beneficiaries on your life insurance, IRA, etc. is that people often forget who their beneficiaries are and they forget to update their beneficiary designations. Maybe they named an ex-girlfriend or a since-disowned relative.
Bitcoin is also ever-changing and could be worth way more or less at the time of your death. You won’t know for sure how much your beneficiary will receive from this pre-loaded transaction. That’s a hard thing to try to keep up to date.
If you forget about this pre-loaded transaction and it’s not up to date, it probably conflicts with the rest of your estate plan. Say your plan was for Alice, Bob, and Charlie to each get a third of your wealth. You figure that your stocks are worth about 1/3, your bitcoin is about 1/3, and your house is about 1/3. It seems clever enough to leave one of those to each of the beneficiaries, right? What happens if the assets fluctuate wildly in value in the remaining years until your death? Now your heirs won’t receive equal shares of your wealth like you intended.
Another problem is that your bitcoin is stuck in the UTXO, which is a problem for creating pre-loaded transactions. You can’t move the UTXO without setting up a new deadman’s switch. It’s like having a bank account that can only have a beneficiary designation as long as you never withdraw or deposit into that account. You can never move the account to another bank. This only makes sense for the portion of your bitcoin that you plan to keep in deep cold storage. It's like a treasure chest that you bury.
The last problem with this plan is that the transaction must execute to an heir’s wallet. What if your heir doesn't have a bitcoin wallet? Even if you set up a wallet for them, will they know how to use it? Do they know how to secure their seed phrase? You can set up a custody wallet on an exchange like Coinbase, Kraken, or Gemini. But most bitcoiners with self-custody don’t want their bitcoin going into a third-party wallet for their heirs.
Problems with a deadman switch that delivers a bitcoin secret
This plan has horrible operational security. You must write the secret (seed phrase, pass phrase, PIN) on a hot (online) computer. You must be able to trust the service’s servers, encryption, etc. And remember that the secret will be delivered via email, telegram, phone call, or sms text. This plan does everything you’re told not to do with self-custody operational security.
You could instead use a multisig or shard your seed and give pieces to different people. But if you use those solutions, then you don’t even need a deadman’s switch. Why add another layer of complexity to a complex situation?
A deadman’s switch seems attractive, because you don't have to trust anyone. But if you walk mentally through the scenario, you can see that using a deadman’s switch isn’t a great solution. Probate is a complicated process and adding bitcoin to the mix brings a whole new level of complexity. To learn more, check out my book, “How Probate Works,” available on Amazon.
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