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IN SB0308
Bill
AI Summary
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Enacts the Uniform Fiduciary Access to Digital Assets Act, effective July 1, 2015, granting fiduciaries authority to access, control, and copy digital assets of decedents, protected persons, and principals.
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Allows personal representatives, guardians, agents, and trustees to access electronic communications, catalogues of communications, and other digital assets subject to fiduciary duties and court oversight.
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Voids terms of service agreement provisions that restrict fiduciary access to digital assets if the restriction was not separately acknowledged by the account holder after June 30, 2015, declaring such provisions against Indiana public policy.
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Requires fiduciaries to provide certified copies of appointment letters, court orders, or trust documents to custodians when requesting access, with custodians having 60 days to comply or face court enforcement.
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Provides immunity from liability for custodians and their agents who act in good faith complying with the Act, and establishes penalties for persons demanding trust instruments beyond what is required.
Legislative Description
Uniform Fiduciary Access to Digital Assets Act. Enacts the Uniform Fiduciary Access to Digital Assets Act, drafted by the National Conference of Commissioners on Uniform State Laws. Vests fiduciaries with the authority to access, control, or copy digital assets. Makes conforming amendments.
Last Action
First Reading: referred to Committee on Judiciary
1/8/2015