Indiana Code 32-39-2-3. Custodian’s disclosure of user’s digital assets
(1) grant a fiduciary or designated recipient full access to the user’s account;
Terms Used In Indiana Code 32-39-2-3
- 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 Indiana Code 32-39-1-2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- court: means :
Indiana Code 32-39-1-7
- custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
- designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Indiana Code 32-39-1-9
- digital asset: means an electronic record in which an individual has a right or interest. See Indiana Code 32-39-1-10
- Fiduciary: A trustee, executor, or administrator.
- fiduciary: means :
Indiana Code 32-39-1-14
- record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Indiana Code 32-39-1-23
- user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27
(3) provide a fiduciary or designated recipient a copy of a record of any digital asset that, on the date on which the custodian received the request for disclosure, the user could have accessed if the user:
(A) were alive;
(B) had full capacity; and
(C) had access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) A custodian need not disclose under this chapter a digital asset that has been deleted by a user.
(d) Subject to subsection (e), if:
(1) a user directs a custodian to disclose to a fiduciary or designated recipient; or
(2) a fiduciary or designated recipient requests disclosure by a custodian of;
some, but not all, of the user’s digital assets under this chapter, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian.
(e) If a custodian believes that a direction or request for the disclosure of some but not all of a user’s digital assets as described in subsection (d) would impose an undue burden on the custodian, the custodian or fiduciary may seek an order from a court for the custodian:
(1) to disclose:
(A) a subset of the user’s digital assets limited by date of the user’s digital assets;
(B) all of the user’s digital assets; or
(C) none of the user’s digital assets;
to the fiduciary or designated recipient; or
(2) to disclose all of the user’s digital assets to the court for review in camera.
As added by P.L.137-2016, SEC.14.