§44-5B-16. Custodian Compliance and Immunity
(a) Not later than 60 days after receipt of the information required under §44-5B-7 through §44-5B-15 of this code, a custodian shall comply with a request under this article from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may […]
§44-5B-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.
§44-5B-2. Definitions
In this article: “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney; “Carries” means engages in the transmission […]
§44-5B-3. Applicability
(a) This article applies to: (1) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this article;
§44-5B-4. User Direction for Disclosure of Digital Assets
(a) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding […]
§44-5B-5. 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 the user for whom, […]
§44-5B-6. 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;
§44-5B-7. 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 personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: (a) A written request […]
§44-5B-1. Short Title
This article may be cited as the West Virginia Uniform Fiduciary Access to Digital Assets Act.