Section 472.470

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2018   

  472.470.  Fiduciary, legal duties — authority over user's digital assets and property — request to terminate user's account. — 1.  The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

  (1)  The duty of care;

  (2)  The duty of loyalty; and

  (3)  The duty of confidentiality.

  2.  A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

  (1)  Except as otherwise provided in section 472.415, is subject to the applicable terms-of-service agreement;

  (2)  Is subject to other applicable law, including copyright law;

  (3)  In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

  (4)  May not be used to impersonate the user.

  3.  A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

  4.  A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access.

  5.  A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:

  (1)  Has the right to access the property and any digital asset stored in it; and

  (2)  Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access.

  6.  A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

  7.  A fiduciary of a user may request a custodian to terminate the user's account.  A request for termination shall be in writing, in either physical or electronic form, and accompanied by:

  (1)  If the user is deceased, a certified copy of the death certificate of the user;

  (2)  A certified copy of the letter of testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and

  (3)  If requested by the custodian for the purpose of identifying the correct account of the correct user:

  (a)  A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

  (b)  Evidence linking the account to the user; or

  (c)  A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision.

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(L. 2018 H.B. 1250)