(1) When disclosing digital assets of a user under ORS § 119.006 to 119.081, the custodian may, in the custodian’s sole discretion:

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

(a) Grant a fiduciary or designated recipient full access to the user’s account;

(b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under ORS § 119.006 to 119.081.

(3) A custodian need not disclose under ORS § 119.006 to 119.081 a digital asset deleted by a user.

(4) If a user directs, or a fiduciary requests, a custodian to disclose some, but not all, of the user’s digital assets under ORS § 119.006 to 119.081, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:

(a) A subset limited by date of the user’s digital assets;

(b) All of the user’s digital assets to the fiduciary or designated recipient;

(c) None of the user’s digital assets; or

(d) All of the user’s digital assets to the court for review in camera. [2016 c.19 § 6]

[1977 c.666 § 21; 1979 c.448 § 1; repealed by 1997 c.99 § 54]