(1)  This chapter does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user.

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Terms Used In Utah Code 75-11-105

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75-11-102
  • Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75-11-102
  • Fiduciary: A trustee, executor, or administrator.
  • Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 75-11-102
  • User: means a person that has an account with a custodian. See Utah Code 75-11-102
(2)  This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

(3)  A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms of service agreement if the user has not provided direction under Section 75-11-104.

Enacted by Chapter 16, 2017 General Session

Technically renumbered for proper placement.

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