395A.060 Procedure for disclosing digital assets.

274 words·~1 min read·/ky/chapter-395a/395a-060

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)When disclosing digital assets of a user under this chapter, the custodian may at its

sole discretion:

(a)Grant a fiduciary or designated recipient full access to the user's account;

(b)Grant a fiduciary or designated recipient partial access to the user's account

sufficient to perform the tasks with which the fiduciary or designated recipient

is charged; or

(c)Provide a fiduciary or designated recipient a copy in a record of any digital

asset that, on the date the custodian received the request for disclosure, the

user could have accessed if the user were alive and had full capacity and

access to the account.

(2)A custodian may assess a reasonable administrative charge for the cost of disclosing

digital assets under this chapter, unless the user would have had access to those

digital assets for free or for no additional charge.

(3)A custodian need not disclose under this chapter a digital asset deleted by a user.

(4)If a user directs or a fiduciary requests a custodian to disclose under this chapter

some, but not all, of the user's digital assets, the custodian need not disclose the

assets if segregation of the assets would impose an undue burden on the custodian.

If the custodian believes the direction or request imposes an undue burden, the

custodian or fiduciary may seek an order from the court to disclose:

(a)A subset limited by date of the user's digital assets;

(b)All of the user's digital assets to the fiduciary or designated recipient;

(c)None of the user's digital assets; or

(d)All of the user's digital assets to the court for review in camera.