California Fiduciary Access to Digital Assets Act
9
Revised Uniform Fiduciary Access to Digital Assets Act (2016) Mina N. Sirkin, Esq. SIRKIN LAW GROUP, P.C. 21550 Oxnard St. #300 Woodland Hills, CA 91367 818-340-4479 MSirkin@ SirkinLaw.com Probate Attorney Los Angeles Copyright 2016 Mina Sirkin
-
Upload
mina-sirkin-trust-litigation-attorney -
Category
Law
-
view
139 -
download
1
Transcript of California Fiduciary Access to Digital Assets Act
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
Probate Attorney Los Angeles
Copy
right
201
6 M
ina
Sirk
in
Copy
right
201
6 M
ina
Sirk
in
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.
Copy
right
201
6 M
ina
Sirk
in
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.
Copy
right
201
6 M
ina
Sirk
in
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
Copy
right
201
6 M
ina
Sirk
in
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
Copy
right
201
6 M
ina
Sirk
in
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
Copy
right
201
6 M
ina
Sirk
in
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
Copy
right
201
6 M
ina
Sirk
in
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
Copy
right
201
6 M
ina
Sirk
in
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
[email protected] Angeles Probate Lawyer
