22 Guam Code Ann. § 5007
Terms Used In 22 Guam Code Ann. § 5007
- 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.
- 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.
- 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
- Probate: Proving a will
(a) a written request for disclosure in physical or electronic form;
(b) a certified copy of the death certificate of the user;
(c) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order;
(d) unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(e) if requested by the custodian:
COL9222017
15 Guam Code Ann. ESTATES AND PROBATE CH. 50 REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
(1) a number, username, 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:
(A) the user had a specific account with the custodian, identifiable by the information specified in Subparagraph (1);
(B) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable law;
(C) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(D) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.