Does owning an NFT give me the copyright to the art?

Usually not. Most NFT purchases convey ownership of the token and a limited license to the underlying work, with the copyright staying with the creator unless expressly assigned. We read the actual terms and, where the value warrants, negotiate or document the commercial rights so what transfers is what you think you own.

How do I leave NFTs and tokenized assets to my heirs?

With a trust structure that moves the token out of public probate, assigns the associated commercial rights, and gives a capable fiduciary secure access. Transferring the token alone can strand the value; we structure the keys, the rights, and the instructions as one plan.

How are NFTs valued for estate and tax purposes?

Through a documented methodology suited to thin, volatile markets — comparable sales, liquidity discounts, and qualified appraisals where warranted. Illiquid digital assets invite IRS scrutiny, so the valuation has to be defensible, not a round number.

Can I enforce resale royalties on my NFTs?

On-chain royalty mechanisms are inconsistent and many marketplaces have stopped honoring them, so code alone is unreliable. Where royalties matter, we draft the off-chain agreements that create enforceable contractual obligations rather than depending on the smart contract.

What about fractionalized or tokenized real-world assets?

Fractional interests in tokenized real estate or art raise both succession and securities questions. We draft trust structures to hold and distribute fractional ownership and flag where the arrangement implicates securities rules, coordinating that analysis rather than glossing over it.

Practice - Crypto and digital assets - NFT succession

NFT & Tokenized-Asset Succession

Non-fungible tokens and tokenized real-world assets represent a fusion of immense speculative value and complex intellectual property rights. Transferring these assets across generations requires more than just moving a token; it requires the legal assignment of underlying commercial rights, smart contract governance, and defensible valuation methodologies. We draft the specific trust mechanisms that transfer both the token and its associated rights together.

Begin the matter Review the steps

Matter: Token succession
Register: Transactional
Counsel: Christopher Moye

NFT succession

The token is not the right

Owning the NFT does not guarantee commercial rights to the underlying art.

The problem

Inheriting an NFT can mean inheriting a token without the rights that made it valuable.

Owning the token and owning the underlying intellectual property are different things — most NFT terms grant limited rights, and on-chain royalty mechanisms often fail across marketplaces. Passing these assets down means transferring the keys, the commercial rights, and a defensible valuation together, or the heir receives far less than the collection was worth.

Principles Â· 01

How we draft the matter.

Every engagement is composed against these commitments. They shape the protections we add, the questions we ask, and the document that leaves the file.

Â§ 01

The token is not the right

Owning the NFT does not guarantee commercial rights to the underlying art. We draft IP assignments designed to travel with the token.

Â§ 02

Valuation is a legal argument

Illiquid digital assets invite IRS scrutiny. We establish the defensible valuation methodologies required for tax compliance.

Â§ 03

Smart contract limitations

On-chain royalty mechanisms often fail across platforms. We draft the off-chain agreements that enforce secondary-market obligations.

What we watch Â· 02

What can break the matter.

These are the terms, structures, and practical risks that usually decide whether the work holds when the file is tested.

COLLECTORCREATOR

Commercial Rights Assignment

Structuring the legal transfers necessary to ensure that heirs inherit not just the token, but the lucrative commercial licensing rights attached to it.

FAMILY OFFICEEXECUTOR

Illiquid Asset Valuation

Partnering with tailored appraisers to establish defensible, documented tax valuations for highly speculative or thinly traded digital assets.

INVESTORHNW

Fractionalized Asset Trusts

Drafting tailored trust structures to manage and eventually distribute fractionalized ownership in tokenized real estate or fine art.

The work Â· 03

Four steps. One engagement.

Each step is concrete; each step has a deliverable. The scope is defined, the matter moves, and the file closes.

01
Asset & Rights Inventory
We map your tokenized holdings and audit the underlying smart contracts and terms of service to confirm actual IP ownership.
02
Succession Structuring
We draft the specific trust mechanisms required to hold and transfer NFTs without exposing the assets to public probate.
03
Valuation Modeling
We establish the valuation frameworks and retain the necessary appraisal professionals to preempt IRS challenges.
04
Fiduciary Instruction
We provide explicit, legally binding instructions to your executors on how to securely access, manage, or liquidate the collection.

Proof

What stands behind the work.

What stands behind the work — credentials and representative engagements, stated plainly.

Authorship

Tokenized-asset succession matters are handled by Christopher Moyé, Esq., who authors the firm's published writing on digital-asset and art-law planning.

Scope of practice

Commercial-rights assignment for NFTs, succession trusts for tokenized assets, off-chain royalty enforcement, and qualified valuation.

How the work is run

We start by auditing the smart contracts and terms of service to confirm what rights actually exist before structuring the transfer.

Common questions

Questions clients ask.

Plain answers to the questions that come up most. If yours is not here, send the facts — we answer in writing.

Does owning an NFT give me the copyright to the art?: Usually not. Most NFT purchases convey ownership of the token and a limited license to the underlying work, with the copyright staying with the creator unless expressly assigned. We read the actual terms and, where the value warrants, negotiate or document the commercial rights so what transfers is what you think you own.
How do I leave NFTs and tokenized assets to my heirs?: With a trust structure that moves the token out of public probate, assigns the associated commercial rights, and gives a capable fiduciary secure access. Transferring the token alone can strand the value; we structure the keys, the rights, and the instructions as one plan.
How are NFTs valued for estate and tax purposes?: Through a documented methodology suited to thin, volatile markets — comparable sales, liquidity discounts, and qualified appraisals where warranted. Illiquid digital assets invite IRS scrutiny, so the valuation has to be defensible, not a round number.
Can I enforce resale royalties on my NFTs?: On-chain royalty mechanisms are inconsistent and many marketplaces have stopped honoring them, so code alone is unreliable. Where royalties matter, we draft the off-chain agreements that create enforceable contractual obligations rather than depending on the smart contract.
What about fractionalized or tokenized real-world assets?: Fractional interests in tokenized real estate or art raise both succession and securities questions. We draft trust structures to hold and distribute fractional ownership and flag where the arrangement implicates securities rules, coordinating that analysis rather than glossing over it.