Texas Estates Code 2001.202 – Authority to Terminate Account
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(a) 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.
(b) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in physical or electronic form, and accompanied by:
(1) if the user is deceased, a certified copy of the death certificate of the user; and
(2) one of the following giving the fiduciary authority over the account:
(A) a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order;
(B) a power of attorney; or
(C) the trust instrument.
Terms Used In Texas Estates Code 2001.202
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(c) In addition to the items required to accompany a termination request under Subsection (b), the fiduciary shall provide the following if requested by the custodian:
(1) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(2) evidence linking the account to the user; or
(3) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in Subdivision (1).