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This entry was published on 2016-10-07
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SECTION 13-A-2.4
Procedure for disclosing digital assets
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13-A, PART 2
§ 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 tasks with which the fiduciary
or designated recipient is charged; or

(3) provide a fiduciary or designated recipient a copy in a record of
any digital asset that, on the date the custodian received the request
for disclosure, the user could have accessed if the user were alive and
had full capacity and access to the account.

(b) A custodian may assess a reasonable administrative charge for the
cost of disclosing digital assets under this article.

(c) A custodian need not disclose under this article a digital asset
deleted by a user.

(d) If a user directs or a fiduciary requests a custodian to disclose
under this article some, but not all, of the user's digital assets, the
custodian need not disclose the assets if segregation of the assets
would impose an undue burden on the custodian. If the custodian believes
the direction or request imposes an undue burden, the custodian or
fiduciary may seek an order from the court to disclose:

(1) a subset limited by date of the user's digital assets;

(2) all of the user's digital assets to the fiduciary or designated
recipient;

(3) none of the user's digital assets; or

(4) all of the user's digital assets to the court for review in
camera.