§ 32-39-2-1 User direction concerning disclosure of digital asset
§ 32-39-2-2 Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary’s access
§ 32-39-2-3 Custodian’s disclosure of user’s digital assets
§ 32-39-2-4 Disclosure to personal representative of content of deceased user’s electronic communication
§ 32-39-2-5 Disclosure to personal representative of deceased user’s other digital assets
§ 32-39-2-6 Disclosure to principal’s attorney in fact of content of principal’s electronic communications
§ 32-39-2-7 Disclosure to principal’s attorney in fact of principal’s other digital assets
§ 32-39-2-8 Disclosure of digital assets held in trust to trustee that is an original user
§ 32-39-2-9 Disclosure of contents of electronic communications held in trust to trustee that is not an original user
§ 32-39-2-10 Disclosure of other digital assets held in trust to trustee that is not an original user
§ 32-39-2-11 Disclosure of digital assets to guardian of protected person
§ 32-39-2-12 Duties and authority of fiduciary with respect to digital assets of decedent, protected person, principal, or settlor
§ 32-39-2-13 Custodian compliance with request for disclosure of digital assets or termination of account; immunity from liability
§ 32-39-2-14 Consideration of need for uniformity among enacting states
§ 32-39-2-15 Relation to Electronic Signatures in Global and National Commerce Act
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Terms Used In Indiana Code > Title 32 > Article 39 > Chapter 2 - Fiduciary's Access to Digital Assets

  • 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
  • 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.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • attorney in fact: includes an attorney in fact granted authority under a durable power of attorney or a nondurable power of attorney. See Indiana Code 32-39-1-3
  • carries: means engages in the transmission of an electronic communication. See Indiana Code 32-39-1-4
  • catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Indiana Code 32-39-1-5
  • content of an electronic communication: means information concerning the substance or meaning of the communication that:

    Indiana Code 32-39-1-6

  • 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
  • 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 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
  • electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-39-1-11
  • electronic communication: has the meaning set forth in Indiana Code 32-39-1-12
  • 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 :

    Indiana Code 32-39-1-14

  • Fraud: Intentional deception resulting in injury to another.
  • guardian: means a person appointed by a court to manage the estate of a living individual. See Indiana Code 32-39-1-15
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Indiana Code 32-39-1-16
  • online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Indiana Code 32-39-1-17
  • person: means :

    Indiana Code 32-39-1-18

  • personal representative: means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article. See Indiana Code 32-39-1-19
  • 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
  • power of attorney: means a record that grants an attorney in fact authority to act in the place of a principal. See Indiana Code 32-39-1-20
  • principal: means an individual who grants authority to an attorney in fact in a power of attorney. See Indiana Code 32-39-1-21
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • protected person: means an individual for whom a guardian has been appointed. See Indiana Code 32-39-1-22
  • 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
  • terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Indiana Code 32-39-1-25
  • Trustee: A person or institution holding and administering property in trust.
  • trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Indiana Code 32-39-1-26
  • user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27