Ohio Code 2137.11 – 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 all of the following:
Terms Used In Ohio Code 2137.11
- 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 Ohio Code 2137.01
- Content of an electronic communication: means information concerning the substance or meaning of the communication that meets all of the following conditions:
(1) It has been sent or received by a user. See Ohio Code 2137.01
- Court: means the probate court for all matters in which the court has exclusive jurisdiction under section 2101. See Ohio Code 2137.01
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Ohio Code 2137.01
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Ohio Code 2137.01
- 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.
- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes an original, additional, and successor trustee and a cotrustee. See Ohio Code 2137.01
- User: means a person that has an account with a custodian. See Ohio Code 2137.01
(A) A written request for disclosure in physical or electronic form;
(B) Either a copy of the trust instrument that includes consent to disclosure of the content of electronic communications to the trustee and a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust or a certification of the trust under section 5810.13 of the Revised Code that includes a statement that the trust authorizes disclosure of the content of electronic communications to the trustee;
(C) If requested by the custodian, either of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account;
(2) Evidence linking the account to the trust.