§ 700.1001 Short title
§ 700.1002 Definitions
§ 700.1003 Applicability
§ 700.1004 Disclosure of user’s digital assets; use of online tool to direct digital custodian; contrary provision
§ 700.1005 Access and use of digital assets; change or impairment of right of digital custodian or user under terms-of-service agreement; new or expanded rights; modification or elimination of access to digital
§ 700.1006 Disclosure of digital assets by digital custodian; requirements
§ 700.1007 Disclosure of deceased user’s electronic communications to personal representative; procedure
§ 700.1008 Disclosure of other digital assets of deceased user to personal representative
§ 700.1009 Disclosure of content of electronic communications sent or received by principal
§ 700.1010 Disclosure of other digital assets of principal
§ 700.1011 Disclosure of content of electronic communication held in trust when trustee is original user
§ 700.1012 Disclosure of content of electronic communication when trustee not original user
§ 700.1013 Disclosure of other digital assets held in trust when trustee not original user
§ 700.1014 Disclosure of protected person’s digital assets to conservator
§ 700.1015 Duties and authority of fiduciary
§ 700.1016 Digital custodian; compliance; liability; immunity
§ 700.1017 Limiting, eliminating, or modifying powers of personal representative; court order
§ 700.1018 Electronic signatures in global and national commerce act; effect

Terms Used In Michigan Laws > Chapter 700 > Act 59 of 2016

  • 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.
  • Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See Michigan Laws 700.1002
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Carries: means engaging in the transmission of an electronic communication. See Michigan Laws 700.1002
  • 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
  • Conservator: means a person that is appointed by a court to manage all or part of the estate of a protected person. See Michigan Laws 700.1002
  • Content of an electronic communication: means information concerning the substance or meaning of an electronic communication to which all of the following apply:

    (i) The information has been sent or received by a user. See Michigan Laws 700.1002

  • Court: means the probate court or, when applicable, the circuit court. See Michigan Laws 700.1002
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • 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
  • Developmental disability: means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 700.1002
  • Digital asset: means an electronic record in which a user has a right or interest. 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
  • Electronic communication: means that term as defined in 18 USC 2510. See Michigan Laws 700.1002
  • Electronic communication service: means a digital custodian that provides to a user the ability to send or receive an electronic communication. See Michigan Laws 700.1002
  • Fiduciary: means a person who is an original, additional, or successor personal representative, conservator, agent, or trustee. See Michigan Laws 700.1002
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: means that term as defined in section 1104 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Michigan Laws 700.1002
  • Legally incapacitated individual: means that term as defined in section 1105 of the estates and protected individuals code, 1998 PA 386, MCL 700. 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
  • Minor: 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
  • 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
  • Person: 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
  • Personal property: All property that is not real property.
  • 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
  • Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Michigan Laws 700.1002
  • Principal: means a person that grants authority to an agent in a power of attorney. See Michigan Laws 700.1002
  • Proceeding: 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
  • Protected individual: 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
  • Protected person: includes any of the following:

    (i) A protected individual. See Michigan Laws 700.1002

  • 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
  • Remote-computing service: means a digital custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system. See Michigan Laws 700.1002
  • Settlor: means that term as defined in section 7103 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
  • Special fiduciary: means a special fiduciary appointed by the court under sections 1308, 1309, 7704, 7815, and 7901 of the estates and protected individuals code, 1998 PA 386, MCL 700. 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
  • Trustee: 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