Section 33-28-4. – Proceeding for elective share — Time limit.
§ 33-28-4. Proceeding for elective share — Time limit. (a) If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the elective share unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary […]
Section 33-27.1-13. – Disclosure of other digital assets held in trust when trustee is not original user.
§ 33-27.1-13. 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 who or that is not an original user of an account, a catalogue of electronic communications sent […]
Section 33-27.1-14. – Disclosure of digital assets to guardian or conservator of protected person.
§ 33-27.1-14. Disclosure of digital assets to guardian or conservator of protected person. (a) After an opportunity for a hearing under chapter 15 of title 33, the court may grant a guardian or conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, […]
Section 33-27.1-15. – Fiduciary duty and authority.
§ 33-27.1-15. 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 […]
Section 33-27.1-16. – Custodian compliance and immunity.
§ 33-27.1-16. Custodian compliance and immunity. (a) Not later than sixty (60) days after receipt of the information required under §§ 33-27.1-7 through 33-27.1-15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the […]
Section 33-27.1-17. – Uniformity of application and construction.
§ 33-27.1-17. 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 of Section.P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
Section 33-27.1-18. – Relation to Electronic Signatures in Global and National Commerce Act.
§ 33-27.1-18. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act. 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in […]
Section 33-27.1-19. – Severability.
§ 33-27.1-19. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History […]
Section 33-28-1. – Elective share.
§ 33-28-1. Elective share. (a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this chapter, to take an elective share equal to: (1) The life estate and allowance in an intestate’s real estate titled in the name of the […]
Section 33-28-2. – Right of election personal to surviving spouse — Incapacitated surviving spouse.
§ 33-28-2. Right of election personal to surviving spouse — Incapacitated surviving spouse. (a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the probate court pursuant to § 33-28-4(a). If the election is not exercised by the surviving […]