58-4808 Disclosure of other digital assets of deceased user.
58-4808. Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content […]
58-4809 Disclosure of content of electronic communications of principal.
58-4809. Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent […]
58-4810 Disclosure of other digital assets of principal.
58-4810. Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or […]
58-4811 Disclosure of digital assets held in trust when trustee is original user.
58-4811. Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of […]
58-4812 Disclosure of contents of electronic communications held in trust when trustee is not original user.
58-4812. Disclosure of contents of electronic communications held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or […]
58-4813 Disclosure of other digital assets held in trust when trustee is not original user.
58-4813. Disclosure of other digital assets held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by […]
58-4814 Disclosure of digital assets to guardian or conservator of ward or conservatee.
58-4814. Disclosure of digital assets to guardian or conservator of ward or conservatee. (a) After an opportunity for a hearing under K.S.A. 59-3050 et seq., and amendments thereto, the court may grant a guardian or conservator access to the digital assets of a ward or conservatee. (b) Unless otherwise ordered by the court or directed […]
58-4815 Fiduciary duty and authority.
58-4815. Fiduciary duty and authority. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset […]
58-4816 Custodian compliance and immunity.
58-4816. Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under K.S.A. 2021 Supp. 58-4807 through 58-4815, and amendments thereto, a custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails […]
58-4817 Uniformity of application and construction.
58-4817. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2017, ch. 19, § 17; July 1.