US Lawyer Database

13-A-2.3 – Terms-of-Service Agreement

§ 13-A-2.3 Terms-of-service agreement (a) This article does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This article does not give a fiduciary or a designated recipient any new or expanded rights other than those held by […]

13-A-2.4 – Procedure for Disclosing Digital Assets

§ 13-A-2.4 Procedure for disclosing digital assets (a) When disclosing digital assets of a user under this article, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the […]

13-A-3.1 – Disclosure of Content of Electronic Communications of Deceased User

§ 13-A-3.1 Disclosure of content of electronic communications of deceased user If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the executor, administrator or personal representative of the estate of the user the content of an electronic communication sent or […]

13-A-3.2 – Disclosure of Other Digital Assets of Deceased User

§ 13-A-3.2 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 executor, administrator or personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, […]

13-3.6 – Disaffirmance of Fraudulent Acts by Personal Representative and Others

§ 13-3.6 Disaffirmance of fraudulent acts by personal representative and others A fiduciary may, for the benefit of creditors or others interested in property held in trust, treat as void any act done, or disposition or agreement made in fraud of the rights of any creditor, including himself, interested in such property, and a person […]

13-4.1 – Definitions

§ 13-4.1 Definitions As used in this part unless the context otherwise requires: (a) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (b) “Devisee” […]

13-4.2 – Registration in Beneficiary Form; Sole or Joint Tenancy Ownership

§ 13-4.2 Registration in beneficiary form; sole or joint tenancy ownership Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary […]

13-4.3 – Applicable Law

§ 13-4.3 Applicable law A security may be registered in beneficiary form if the form is authorized by this or a similar law of the state of organization of the issue or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or […]

13-4.4 – Origination of Registration in Beneficiary Form

§ 13-4.4 Origination of registration in beneficiary form A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

13-4.5 – Form of Registration in Beneficiary Form

§ 13-4.5 Form of registration in beneficiary form Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD”, or by the words “pay on death” or the abbreviation “POD”, after the name of the registered owner and before the name of the beneficiary.