In order to be able to seize these assets, traceability must be taken into account, which is the possibility of knowing the course of the transfers through the blockchainand the anonymity. The first scenario allows that, having the original address, it is possible to know what happened to the assets and with which addresses they interacted.
If the holder of the cryptocurrencies resorts to a exchange to trade cryptocurrencies, the company must identify the client as required by the Financial Information Unit. If during the trial the victim finds out later, they will be able to seize them later by requesting a judge to demand that the exchange seize or auction the assets.
In case you have a private wallet, it is impossible to order the transfer. However, if the person is proven to have those assets, they may be prevented from transferring them or charged with damages for concealing the asset.
In case of death of the owner, the holders would become the heirs. In the event that the wallet is private, they must have the key or address so that they can be included in the will. For this it is essential to have the passwords and security words. If they are in an exchange, the transfer will be ordered by the intervening judge.
In the case of a divorce they are considered own if they are the product of an inheritance or community property, which are effectively divisible in equal parts.
Source: Ambito