California Passes Revised Uniform Fiduciary Access to Digital Assets Act

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On September 24, 2016, the Governor of California approved the California Revised Uniform Fiduciary Access to Digital Assets Act, which “would authorize a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.”

It allows a person to “use an online tool to give directions to the custodian of his or her digital assets regarding the disclosure of those assets.” If a person has not used the online tool, s/he can give direction in a will, trust, power of attorney, or other record.

The bill requires the custodian of the digital assets to comply with the person’s request for disclosure of the digital assets and to terminate an account. The bill gives custodians an immunity from liability for an act or omission if done in good faith compliance.

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