Montana Code 72-31-411. Disclosure of contents of electronic communications held in trust when trustee not original user
72-31-411. Disclosure of contents of electronic communications held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
Terms Used In Montana Code 72-31-411
- 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 Montana Code 72-31-402
- Court: means the district court having jurisdiction in matters relating to the content of this part. See Montana Code 72-31-402
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Montana Code 72-31-402
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 72-31-402
- Electronic communication: has the meaning set forth in 18 U. See Montana Code 72-31-402
- 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 Montana Code 72-31-402
- User: means a person that has an account with a custodian. See Montana Code 72-31-402
(1)a written request for disclosure in physical or electronic form;
(2)a certified copy of the trust instrument or a certification of the trust under 72-38-1013 that includes consent to disclosure of the content of electronic communications to the trustee;
(3)a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4)if requested by the custodian:
(a)a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(b)evidence linking the account to the trust.