Introducing DART® by Allegis Law: Protecting Your Digital Legacy with a Digital Asset Revocable Trust

DART® by Allegis Law: Protecting Your Digital Legacy with a Digital Asset Revocable Trust

Introduction to DART

• Brief overview of Allegis Law’s commitment to innovation and client-focused legal solutions.
  
• Introduce DART®, Digital Asset Revocable Trust, as a trademarked product developed to streamline legal strategy, risk assessment, or dispute resolution.
  
• One-sentence preview: This post explains what DART® is, when it should be used, and how it helps clients make more informed legal decisions. 

What Is DART®?

Define DART®,  Digital Asset Revocable Trust. Include: 

Explain what types of assets may be included:

• Cryptocurrency and NFTs
  
• Online financial accounts
  
• Intellectual property stored digitally
  
• Social media, email, cloud storage
  
• Domain names and digital business assets
  
• Highlight what makes DART® unique: legally sound, flexible, and built to evolve with digital needs
• Describe its key components or process phases
• Note its trademarked status and proprietary development by Allegis Law.

(Utilize this information when describing what DART is: Digital Asset Revocable Trust (DART™): A revocable living trust tailored for digital assets, allowing the grantor to retain control during their lifetime and avoid probate upon death (26 U.S.C. § 671). DARTs facilitate the management of cryptocurrencies, NFTs, and DAO tokens by granting trustees powers to access wallets, execute smart contracts, track basis (26 CFR § 1.1012-1), allocate income/principal (Unif. Principal & Income Act § 401), and comply with tax reporting, such as Form 1099-DA (26 CFR § 1.6045-1). For DAOs, DARTs include governance provisions for voting or managing partnership or C-corp interests, with DNI allocations under IRC § 643 (26 U.S.C. § 704; 26 U.S.C. § 11; 26 U.S.C. § 643(a)). The trustee must title digital assets to the trust (e.g., naming the trust as wallet owner) to ensure effectiveness (Diehl, R., “Revocable Trusts: The Most Common Trusts in Estate Planning,” Kiplinger, 2024). DARTs are effective in community property states like California, where spousal rights and basis adjustments require coordination (Cal. Fam. Code § 760; 26 U.S.C. § 1014(b)(6)).

How DART® Works

• Step-by-step overview of how the DART® process is initiated and implemented through Allegis Law:
  
  1. Inventory and categorization of digital assets
     
  2. Trust creation and digital asset assignment
     
  3. Naming and authorizing digital fiduciaries
     
  4. Ongoing support and amendment options

5. Use this information: “(b) Trustee Powers Regarding Digital Assets. The Trustee is authorized to Manage Digital Assets and Digital Devices held by the revocable trust, as provided in the Generalized Digital Asset Power, with additional powers tailored for a Digital Asset Revocable Trust (DART™). As a grantor trust, all income, deductions, and credits from Digital Assets (e.g., cryptocurrency gains, staking rewards) are attributed to the trust maker for tax purposes. These powers facilitate probate avoidance and ensure effective administration during the trust maker’s lifetime and after death. For personal Digital Assets, the Trustee may manage intellectual property and coordinate tax elections to mitigate tax consequences.”
   

• Optional: Include a simple graphic showing the DART® lifecycle or flow.

Why Allegis Law Created DART®

• Share the firm’s experience handling estate plans where digital assets created confusion or conflict.
  
• Describe how DART® is designed specifically for those with significant digital asset holdings.
  
• Reinforce Allegis Law’s role as an innovator in estate planning for digital assets.
  

Design your DART® Today

• Invite readers to schedule a consultation with Rustin Diehl, estate planning attorney about integrating DART® into their estate plan.
• Include link to https://allegislaw.com/general-consultation