Montana Code 72-31-412. Disclosure of other digital assets held in trust when trustee not original user
72-31-412. Disclosure of other digital assets 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, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
Terms Used In Montana Code 72-31-412
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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 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
- 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;
(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.