US Lawyer Database

18-C §10-108. Disclosure of other digital assets of deceased user

§10-108. 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 catalog of electronic communications sent or received by the user and digital assets, other than the content […]

18-C §10-109. Disclosure of content of electronic communications of principal

§10-109. 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 of electronic communications […]

18-C §10-110. Disclosure of other digital assets of principal

§10-110. 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 catalog of electronic communications sent or […]

18-C §10-114. Disclosure of digital assets to conservator of protected person

§10-114. Disclosure of digital assets to conservator of protected person 1.  Court order granting access.  After an opportunity for a hearing under Article 5, Part 4, the court may grant a conservator access to the digital assets of a protected person.   [PL 2019, c. 417, Pt. A, §107 (NEW).] 2.  Disclosure by custodian.  Unless […]

18-C §10-115. Fiduciary duty and authority

§10-115. Fiduciary duty and authority 1.  Fiduciary’s legal duties.  The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:   A. The duty of care;   [PL 2019, c. 417, Pt. A, §107 (NEW).] B. The duty of loyalty; and   [PL 2019, c. 417, […]

18-C §10-116. Custodian compliance and immunity

§10-116. Custodian compliance and immunity 1.  Disclose or terminate upon request; court order.  Not later than 60 days after receipt of the information required under sections 10‑107 to 10‑115, 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 […]

18-C §10-117. Uniformity of application and construction

§10-117. Uniformity of application and construction In applying and construing this 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.   [PL 2019, c. 417, Pt. A, §107 (NEW).] SECTION HISTORY PL 2019, c. 417, Pt. A, §107 (NEW).