72-31-404. Terms-of-service agreement. (1) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.

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Terms Used In Montana Code 72-31-404

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Montana Code 72-31-402
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Montana Code 72-31-402
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means an original, additional, or successor personal representative, conservator, agent, or trustee. See Montana Code 72-31-402
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Montana Code 72-31-402
  • User: means a person that has an account with a custodian. See Montana Code 72-31-402

(2)This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

(3)A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under 72-31-403.