MS HB351

Establishes the Revised Uniform Fiduciary Access to Digital Assets Act (2017) to regulate fiduciary access to digital assets, including email accounts, social media, and electronic communications of deceased individuals, incapacitated persons, and principals under power of attorney.

Allows users to direct custodians via online tools to disclose or prohibit disclosure of digital assets; such directions override conflicting provisions in wills, trusts, powers of attorney, and terms-of-service agreements if the online tool allows modification or deletion at any time.

Requires custodians to disclose digital assets to personal representatives, agents, trustees, and conservators within 60 days upon receipt of proper documentation (death certificate, letters testamentary, power of attorney, court orders, etc.).

Imposes standard fiduciary duties (care, loyalty, confidentiality) on fiduciaries managing digital assets and authorizes them to access, manage, and terminate digital asset accounts subject to applicable law and terms-of-service agreements.

Provides custodians immunity from liability for good-faith compliance with the act and amends existing Mississippi Code sections to confirm fiduciaries' authority to exercise rights under this new digital assets law.