Illinois Compiled Statutes 755 ILCS 70/15 – Fiduciary duty and authority
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(a) (Blank).
(b) A fiduciary‘s or designated recipient’s authority with respect to a digital asset of a user:
(1) except as otherwise provided in Section 4, is
(b) A fiduciary‘s or designated recipient’s authority with respect to a digital asset of a user:
Terms Used In Illinois Compiled Statutes 755 ILCS 70/15
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- 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.
- Fiduciary: A trustee, executor, or administrator.
- Personal property: All property that is not real property.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) except as otherwise provided in Section 4, is
subject to the applicable terms of service;
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(2) is subject to other applicable law, including
copyright law;
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(3) in the case of a fiduciary, is limited by the
scope of the fiduciary’s duties under Illinois law; and
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(4) may not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, person with a disability, principal, or settlor has the right to access any digital asset in which the decedent, person with a disability, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, person with a disability, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including Subdivision 30 of Article 17 of the Criminal Code of 2012, and may challenge the validity of an online tool in court when requesting an order directing compliance with this Act.
(e) A fiduciary with authority over the tangible, personal property of a decedent, person with a disability, principal, or settlor:
(1) has the right to access the property and any
(c) A fiduciary with authority over the property of a decedent, person with a disability, principal, or settlor has the right to access any digital asset in which the decedent, person with a disability, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, person with a disability, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including Subdivision 30 of Article 17 of the Criminal Code of 2012, and may challenge the validity of an online tool in court when requesting an order directing compliance with this Act.
(e) A fiduciary with authority over the tangible, personal property of a decedent, person with a disability, principal, or settlor:
(1) has the right to access the property and any
digital asset stored in it; and
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(2) is an authorized user for the purpose of
computer-fraud and unauthorized-computer-access laws, including Subdivision 30 of Article 17 of the Criminal Code of 2012.
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(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) if the user is deceased, a certified copy of the
(g) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) if the user is deceased, a certified copy of the
death certificate of the user;
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(2) a certified copy of the letter of appointment of
the representative or a small-estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and
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(3) if requested by the custodian:
(A) a number, username, address, or other unique
(A) a number, username, address, or other unique
subscriber or account identifier assigned by the custodian to identify the user’s account;
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(B) evidence linking the account to the user; or
(C) a finding by the court that the user had a
(C) a finding by the court that the user had a
specific account with the custodian, identifiable by the information specified in subparagraph (A).
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