MI HB5034

Establishes the "Fiduciary Access to Digital Assets Act" allowing fiduciaries (personal representatives, conservators, agents, trustees) and designated recipients to access deceased or incapacitated persons' digital assets held by digital custodians.

Permits users to direct digital custodians via online tools to disclose or prohibit disclosure of digital assets to designated recipients, with online directions overriding contrary provisions in wills, trusts, powers of attorney, or terms-of-service agreements.

Requires digital custodians to disclose digital assets to fiduciaries within 56 days upon receipt of proper documentation, including death certificates, letters of authority, powers of attorney, or court orders as applicable.

Establishes different disclosure levels: personal representatives and conservators generally receive catalogues of electronic communications and non-content digital assets; access to actual email and message content requires specific user consent or court order.

Applies fiduciary duties of care, loyalty, and confidentiality to digital asset management and provides immunity from liability for fiduciaries and digital custodians acting in good faith under the act; takes effect June 27, 2016.