Michigan Laws 700.1004 – Disclosure of user’s digital assets; use of online tool to direct digital custodian; contrary provision
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Terms Used In Michigan Laws 700.1004
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Michigan Laws 700.1002
- Digital custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Michigan Laws 700.1002
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 700.1002
- Online tool: means an electronic service provided by a digital custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the digital custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Michigan Laws 700.1002
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Michigan Laws 700.1002
- 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
- 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 Michigan Laws 700.1002
- Terms-of-service agreement: means an agreement that controls the relationship between a user and a digital custodian. See Michigan Laws 700.1002
- Trust: means that term as defined in section 1107 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
- User: means a person that has an account with a digital custodian. See Michigan Laws 700.1002
(1) A user may use an online tool to direct the digital custodian to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the contents of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an online tool to give direction under subsection (1) or if the digital custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user.
(3) A user’s direction under subsection (1) or (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms-of-service agreement.