Michigan Laws 700.1008 – Disclosure of other digital assets of deceased user to personal representative
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 700.1008
- Account: means an arrangement under a terms-of-service agreement in which the digital custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Michigan Laws 700.1002
- 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.
- Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Michigan Laws 700.1002
- Court: means the probate court or, when applicable, the circuit court. 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
- 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.
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Michigan Laws 700.1002
- Letters: means that term as described in section 1105 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
- Personal representative: means that term as defined in section 1106 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
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a digital custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the personal representative gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A copy of the death certificate of the user.
(c) A certified copy of the letters of authority of the personal representative, a small-estate affidavit, or a court order.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the user’s account.
(ii) Evidence linking the account to the user.
(iii) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
(iv) A finding of the court that:
(A) The user had a specific account with the digital custodian, identifiable by the information specified in subparagraph (i).
(B) Disclosure of the contents of electronic communications of a user is reasonably necessary for administration of the estate.