Revised Uniform

Fiduciary Access to Digital Assets Act (2016)

Mina N. Sirkin, Esq.SIRKIN LAW GROUP, P.C.

21550 Oxnard St. #300Woodland Hills, CA 91367

818-340-4479MSirkin@SirkinLaw.com

Probate Attorney Los Angeles

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What is a Digital Asset?• PROBATE CODE SECTIONS 870-883

• Electronic record in which an individual has an interest.

• It is NOT the underlying asset or liability, unless the asset or liability is itself an electronic record.

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Who can get the information?• Executor• Administrator• Trustee• Special Administrator• Someone with substantially the same function• Agent under a Power of Attorney

• ***The legislature forgot to add the term Conservator.

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Important Dates• For all fiduciaries acting under a will BEFORE or AFTER 1/1/17• Personal Representatives of persons who died before or after

1/1/17• Trustee of a trust created before or after 1/1/17• Custodian of the digital asset if the user resided in Ca or

resided in at the time of death

• DOES NOT APPLY TO: Digital assets of an employer used by an employee

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Three Methods & Priorities• 1. User sets up permissions in an ONLINE TOOL

• 2. If no ONLINE TOOL, then look to Will, Trust, Power of Attorney, or other record

• 3. Default: If no direction in the Will, Trust or Power of Attorney, then look to the terms-of-service agreement in the account

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What will the account Custodian Disclose?• Some will give full access• Some will give just the outer shell or meta data• Some will give part access

EXCEPT:• Not required to disclose any information if it causes undue

burden• Can charge a reasonable administrative charge to get the

information• Not required to give you anything the user deleted

• Remedy: Court instructions via a petition

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How to get the information?• Written request for disclosure in physical or electronic form• Death Certificate• Letter of Appointment from the Court• Copy of of Will/Trust or Power of attorney or Consent by User• Account number, username, address• Evidence linking the account to the user, or to the trust

• WHAT YOU WILL GET:• Catalogue of electronic communications of the user

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Duties of Digital Fiduciary• Duty of loyalty• Duty of Care• Duty of Confidentiality• Still subject to the user-service- agreement• Fiduciary may not impersonate the user

• Custodian does not have to share user passwords or protected devices

• Fiduciary can request that the account be terminated, if the user is deceased, but must present documents

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About

Mina N. SirkinCalifornia Board Certified Specialist Attorney i

Estate Planning, Probate & Trust LawSIRKIN LAW GROUP, P.C.21550 Oxnard St. #300

Woodland Hills, CA 91367 Tel: 818.340.4479

Msirkin@SirkinLaw.comLos Angeles Probate Lawyer