Idaho Code 15-14-115 – Fiduciary Duty and Authority

(1) The legal duties imposed on a fiduciary charged with managing tangible personal property apply to the management of digital assets, including:

(a) The duty of care;

(b) The duty of loyalty; and

(2) A fiduciary‘s or designated recipient‘s authority with respect to a digital asset of a user:

(a) Is subject to the applicable terms of service agreement governing the account, except as otherwise provided in section 15-14-104, Idaho Code;

(b) Is subject to other applicable laws, including copyright law;

(d) May not be used to impersonate the user.

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Terms Used In Idaho Code 15-14-115

Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. See Idaho Code 15-14-102
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Court: means the court in this state having jurisdiction in matters relating to the content of this chapter. See Idaho Code 15-14-102
Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Idaho Code 15-14-102
Decedent: A deceased person.
Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Idaho Code 15-14-102
Digital asset: means an electronic record in which an individual has a right or interest. See Idaho Code 15-14-102
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Idaho Code 15-14-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fiduciary: A trustee, executor, or administrator.
Fiduciary: means an original, additional or successor personal representative, conservator, agent or trustee. See Idaho Code 15-14-102
Fraud: Intentional deception resulting in injury to another.
Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Idaho Code 15-14-102
Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity. See Idaho Code 15-14-102
Personal property: All property that is not real property.
Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
Personal representative: means an executor, administrator, special administrator or person that performs substantially the same function under the law of this state other than this chapter. See Idaho Code 15-14-102
Principal: means an individual who grants authority to an agent in a power of attorney. See Idaho Code 15-14-102
Property: includes both real and personal property. See Idaho Code 73-114
Protected person: means an individual for whom a conservator has been appointed. See Idaho Code 15-14-102
Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Idaho Code 15-14-102
User: means a person that has an account with a custodian. See Idaho Code 15-14-102

(3) A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms of service agreement.

(4) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including section 18-2202, Idaho Code.

(5) A fiduciary with authority over the tangible personal property of a decedent, protected person, principal or settlor:

(a) Has the right to access the property and any digital asset stored in it; and

(b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including section 18-2202, Idaho Code.

(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(7) A fiduciary of a user may request a custodian to terminate the user’s account. A request for account termination must be in writing, in either physical or electronic form, and accompanied by:

(a) If the user is deceased, a certified copy of the death certificate of the user;

(b) A certified copy of the letter of appointment of the personal representative or a small estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account; and

(i) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

(ii) Evidence linking the account to the user; or

(iii) An order of the court finding that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (i) of this paragraph.