Illinois Compiled Statutes 755 ILCS 70/6 – Procedure for disclosing digital assets
Current as of: 2024 | Check for updates
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(a) When disclosing digital assets of a user under this Act, the custodian may at its sole discretion:
(1) grant a fiduciary or designated recipient full
(1) grant a fiduciary or designated recipient full
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access to the user’s account;
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(2) grant a fiduciary or designated recipient partial
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access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
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(3) provide a fiduciary or designated recipient a
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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.
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(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this Act.
(c) A custodian need not disclose under this Act a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this Act some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the 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:
(1) a subset limited by date of the user’s digital
Terms Used In Illinois Compiled Statutes 755 ILCS 70/6
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fiduciary: A trustee, executor, or administrator.
(c) A custodian need not disclose under this Act a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this Act some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the 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:
(1) a subset limited by date of the user’s digital
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assets;
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(2) all of the user’s digital assets to the fiduciary
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or designated recipient;
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(3) none of the user’s digital assets; or
(4) all of the user’s digital assets to the court for
(4) all of the user’s digital assets to the court for
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review in camera.
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