§ 32-39-2-3 — Custodian's disclosure of user's digital assets

Indiana § 32-39-2-3

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

Text

(a) When disclosing digital assets of a user
under this chapter, the custodian, at the custodian's sole discretion,
may:
(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 of a record
of any digital asset that, on the date on which the custodian
received the request for disclosure, the user could have accessed
if the user:
(A) were alive;
(B) had full capacity; and
(C) had access to the account.
(b) A custodian may assess a reasonable administrative charge for
the cost of disclosing digital assets under this chapter.
(c) A custodian need not disclose under this chapter a digital asset
that has been deleted by a user.
(d) Subject to subsection (e), if:
(1) a user directs a custodian to disclose to a fiduciary or
designated recipient; or
(2) a fiduciary or designated recipient requests disclosure by a
custodian of;
some, but not all, of the user's digital assets under this chapter, the
custodian need not disclose the digital assets if segregation of the
digital assets would impose an undue burden on the custodian.
(e) If a custodian believes that a direction or request for the
disclosure of some but not all of a user's digital assets as described in
subsection (d) would impose an undue burden on the custodian, the
custodian or fiduciary may seek an order from a court for the custodian:
(1) to disclose:
(A) a subset of the user's digital assets limited by date of the
user's digital assets;
(B) all of the user's digital assets; or
(C) none of the user's digital assets;
to the fiduciary or designated recipient; or
(2) to disclose all of the user's digital assets to the court for review
in camera.

Legislative History

As added by P.L.137-2016, SEC.14.