N.Y. Estates, Powers and Trusts Law 13-A-3.2 – Disclosure of other digital assets of deceased user
§ 13-A-3.2 Disclosure of other digital assets of deceased user
Terms Used In N.Y. Estates, Powers and Trusts Law 13-A-3.2
- 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.
- 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.
- Executor: A male person named in a will to carry out the decedent
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the executor, administrator or 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 executor, administrator or personal representative gives the custodian:
(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 letter of appointment of the executor, administrator, or personal representative or a small-estate affidavit or court order; and
(d) if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) evidence linking the account to the user;
(3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(4) a finding by the court that:
(A) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (1); or
(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.