Indiana Code 32-39-2-2. Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary’s access
(1) a custodian; or
Terms Used In Indiana Code 32-39-2-2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
- designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Indiana Code 32-39-1-9
- fiduciary: means :
Indiana Code 32-39-1-14
- Fiduciary: A trustee, executor, or administrator.
- record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Indiana Code 32-39-1-23
- terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Indiana Code 32-39-1-25
- user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27
under a terms-of-service agreement to access and use digital assets of the user.
(b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by the user:
(1) for whom the fiduciary or designated recipient acts;
(2) who is represented by the fiduciary or designated recipient; or
(3) whose estate the fiduciary represents or acts for.
(c) A fiduciary’s access to a user’s digital assets may be modified or eliminated:
(1) by the user;
(2) by federal law; or
(3) by a terms-of-service agreement;
if the user has not given a direction under section 1(a) of this chapter or allowed or prohibited disclosure through a will, trust, power of attorney, or other record under section 1(b) of this chapter.
As added by P.L.137-2016, SEC.14.