§44-5B-1. Short Title
This article may be cited as the West Virginia Uniform Fiduciary Access to Digital Assets Act.
§44-5B-10. 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 received by the principal and digital assets, other […]
§44-5B-11. Disclosure of Digital Assets Held in Trust When Trustee Is Original User
Unless otherwise ordered by the court or provided in a trust instrument, 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 the trustee and the content of electronic communications.
§44-5B-12. Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User
Unless otherwise ordered by the court, directed by the user, or provided in a trust instrument, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by […]
§44-5B-13. Disclosure of Other Digital Assets Held in Trust When Trustee 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 an original or successor user and stored, carried, or maintained by the custodian in an […]
§44-5B-14. Disclosure of Digital Assets to Conservator of Protected Person
(a) After an opportunity for a hearing under §44A-1-1 et seq. of this code, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or […]
§44-5B-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;
§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-18. Relation to Electronic Signatures in Global and National Commerce Act
This article 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 Section 101(c) of that act, 15 U. S. C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of […]
§44-5B-19. Severability
If any provision of §44-5B-1 et seq. of this code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
§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-8. 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 of electronic communications of the user, if the personal […]
§44-5B-9. 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 gives the custodian: (a) A written request for disclosure […]