Indiana § 32-39-2-12 Duties and authority of fiduciary with respect to digital assets of
decedent, protected person, principal, or settlor

Indiana Statutes

§ 32-39-2-12 — Duties and authority of fiduciary with respect to digital assets of decedent, protected person, principal, or settlor

Indiana·Title 32 PROPERTY·Art. 39 REVISED UNIFORM FIDUCIARY ACCESS TO·Ch. 2 Fiduciary's Access to Digital Assets

(a)The legal duties imposed on a fiduciary charged with managing tangible property, including:

(1)the duty of care;

(2)the duty of loyalty; and

(3)the duty of confidentiality; also apply to a fiduciary charged with managing digital assets.

(b)A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

(1)except as otherwise provided in section 1 of this chapter, is subject to the applicable terms of service;

(2)is subject to other applicable law, including copyright law;

(3)is limited by the scope of the fiduciary's duties; and

(4)may not be used to impersonate the user.

(c)A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset:

(1)in which the decedent, protec

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The legal duties imposed on a fiduciary
charged with managing tangible property, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality;
also apply to a fiduciary charged with managing digital assets.
(b) A fiduciary's or designated recipient's authority with respect to
a digital asset of a user:
(1) except as otherwise provided in section 1 of this chapter, is
subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent,
protected person, principal, or settlor has the right to access any digital
asset:
(1) in which the decedent, protected person, principal, or settlor
had a right or interest; and
(2) that is not held by a custodian or subject to a terms-of-service
agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an
authorized user of the property of the decedent, protected person,
principal, or settlor for the purpose of applicable computer fraud and
unauthorized computer access laws, including IC 24-4.8-2, IC 24-5-22,
IC 35-43-1-7, IC 35-43-1-8, IC 35-43-2-3, and IC 35-45-13.
(e) A fiduciary with authority over the tangible, personal property
of a decedent, protected person, principal, or settlor:
(1) has the right to access the property and any digital asset stored
in the property; and
(2) is an authorized user for the purpose of computer fraud and
unauthorized computer access laws, including IC 24-4.8-2, IC 24-5-22, IC 35-43-2-3, and IC 35-45-13.
(f) A custodian may disclose information in an account to a
fiduciary of the user when the information is required to terminate an
account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request that a custodian terminate the
user's account. A request for termination must be in writing, in either
physical or electronic form, and must be accompanied by:
(1) if the user is deceased, a certified or authenticated copy of the
death certificate of the user;
(2) a copy of:
(A) the letters (as defined in IC 29-1-1-3(a)(21)) of the personal
representative or of the order of no supervision or order of
unsupervised administration issued to the personal
representative under IC 29-1-7.5;
(B) the court order;
(C) the power of attorney; or
(D) the trust;
giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber
identifier or account identifier assigned by the custodian to
identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that the user had a specific account
with the custodian, identifiable by the information specified in
clause (A).

Indiana § 32-39-2-12 (Duties and authority of fiduciary with respect to digital assets of decedent, protected person, principal, or settlor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.