Illinois Compiled Statutes 755 ILCS 70/8 – Disclosure of other digital assets of deceased user
Current as of: 2024 | Check for updates
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Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
(1) a written request for disclosure in physical or
(1) a written request for disclosure in physical or
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electronic form;
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(2) a certified copy of the death certificate of the
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user;
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(3) a certified copy of the letter of appointment of
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the representative or a court order; and
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(4) if requested by the custodian:
(A) a number, username, address, or other unique
Terms Used In Illinois Compiled Statutes 755 ILCS 70/8
- 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.
(A) a number, username, address, or other unique
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subscriber or account identifier assigned by the custodian to identify the user’s account;
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(B) evidence linking the account to the user;
(C) an affidavit stating that disclosure of the
(C) an affidavit stating that disclosure of the
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user’s digital assets is reasonably necessary for administration of the estate; or
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(D) a finding by the court that:
(i) the user had a specific account with the
(i) the user had a specific account with the
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custodian, identifiable by the information specified in subparagraph (A); or
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(ii) disclosure of the user’s digital assets
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is permitted under this Act and reasonably necessary for administration of the estate.
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