§ 638.1 Short title
§ 638.2 Definitions
§ 638.3 Applicability
§ 638.4 User direction for disclosure of digital assets
§ 638.5 Terms-of-service agreement
§ 638.6 Procedure for disclosing digital assets
§ 638.7 Disclosure of content of electronic communications of deceased user
§ 638.8 Disclosure of other digital assets of deceased user
§ 638.9 Disclosure of content of electronic communications of principal
§ 638.10 Disclosure of other digital assets of principal
§ 638.11 Disclosure of digital assets held in trust when trustee is original user
§ 638.12 Disclosure of contents of electronic communications held in trust when trustee not original user
§ 638.13 Disclosure of other digital assets held in trust when trustee not original user
§ 638.14 Disclosure of digital assets to conservator or guardian of a ward
§ 638.15 Fiduciary duty and authority
§ 638.16 Custodian compliance and immunity
§ 638.17 Uniformity of application and construction
§ 638.18 Relation to Electronic Signatures in Global and National Commerce Act
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Terms Used In Iowa Code > Chapter 638 - Fiduciary Access to Digital Assets

  • 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.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • 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.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • 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.
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • 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
  • property: includes personal and real property. See Iowa Code 4.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Trustee: A person or institution holding and administering property in trust.