§ 13-A-2.4 — Procedure for disclosing digital assets

New York § 13-A-2.4

• Jurisdiction: New York
• Law EPT: Estates, Powers & Trusts
• Part 2: Applicability; Procedure For Disclosure; User Directions
• Art. 13-A: Administration of Digital Assets Summary of Article

Text

§ 13-A-2.4 Procedure for disclosing digital assets\n (a) When disclosing digital assets of a user under this article, the\ncustodian may at its sole discretion:\n (1) grant a fiduciary or designated recipient full access to the\nuser's account;\n (2) grant a fiduciary or designated recipient partial access to the\nuser's account sufficient to perform the tasks with which the fiduciary\nor designated recipient is charged; or\n (3) provide a fiduciary or designated recipient a copy in a record of\nany digital asset that, on the date the custodian received the request\nfor disclosure, the user could have accessed if the user were alive and\nhad full capacity and access to the account.\n (b) A custodian may assess a reasonable administrative charge for the\ncost of disclosing digital assets under this article.\n (c) A custodian need not disclose under this article a digital asset\ndeleted by a user.\n (d) If a user directs or a fiduciary requests a custodian to disclose\nunder this article some, but not all, of the user's digital assets, the\ncustodian need not disclose the assets if segregation of the assets\nwould impose an undue burden on the custodian. If the custodian believes\nthe direction or request imposes an undue burden, the custodian or\nfiduciary may seek an order from the court to disclose:\n (1) a subset limited by date of the user's digital assets;\n (2) all of the user's digital assets to the fiduciary or designated\nrecipient;\n (3) none of the user's digital assets; or\n (4) all of the user's digital assets to the court for review in\ncamera.\n