☰ Revisor of Missouri

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2018 bottom

  472.405.  Definitions. — As used in sections 472.400 to 472.490, the following terms mean:

  (1)  "Access", includes view, marshal, manage, copy, distribute, or delete;

  (2)  "Account", an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user;

  (3)  "Agent", an attorney-in-fact granted authority under a durable or nondurable power of attorney;

  (4)  "Carries", engages in the transmission of electronic communications;

  (5)  "Catalogue of electronic communications", information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person;

  (6)  "Conservator", a person appointed by a court to have the care and custody of the estate of a minor or a disabled person.  A "limited conservator" is one whose duties or powers are limited.  The term "conservator", as used in sections 472.400 to 472.490, includes limited conservator unless otherwise specified or apparent from the context;

  (7)  "Content of an electronic communication", information concerning the substance or meaning of the communication which:

  (a)  Has been sent or received by a user;

  (b)  Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and

  (c)  Is not readily accessible to the public;

  (8)  "Court", any court with competent jurisdiction within this state;

  (9)  "Custodian", a person that carries, maintains, processes, receives, or stores a digital asset of a user;

  (10)  "Designated recipient", a person chosen by a user using an online tool to administer digital assets of the user;

  (11)  "Digital asset", an electronic record in which an individual has a right or interest.  The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record;

  (12)  "Electronic", relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

  (13)  "Electronic communication", has the same meaning as set forth in 18 U.S.C. Section 2510(12), as amended;

  (14)  "Electronic communication service", a custodian that provides to a user the ability to send or receive an electronic communication;

  (15)  "Fiduciary", an original, additional, or successor personal representative, conservator, agency, or trustee;

  (16)  "Information", data, text, images, videos, sounds, codes, computer programs, software, databases, or the like;

  (17)  "Online tool", an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person;

  (18)  "Person", an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity;

  (19)  "Personal representative", executor or administrator, including an administrator with the will annexed, an administrator de bonis non, an administrator pending contest, an administrator during minority or absence, and any other type of administrator of the estate of a decedent whose appointment is permitted, or any person who performs substantially the same function under the law of Missouri, including without limitation an affiant who has filed a small estate affidavit under section 473.097.  It does not include an executor de son tort;

  (20)  "Power of attorney", a record that grants an agent authority to act in the place of a principal;

  (21)  "Principal", an individual who grants authority to an agent in a power of attorney;

  (22)  "Protected person", an individual for whom a conservator has been appointed, including a protectee, a disabled person, and an individual for whom an application for the appointment of a conservator is pending;

  (23)  "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

  (24)  "Remote computing service", a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Section 2510(14), as amended;

  (25)  "Terms-of-service agreement", an agreement that controls the relationship between a user and a custodian;

  (26)  "Trustee", a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another, including an original, additional, and successor trustee, and a co-trustee;

  (27)  "User", a person that has an account with a custodian;

  (28)  "Will", includes a testamentary instrument, a codicil, a testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.

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(L. 2018 H.B. 1250)


---- end of effective   28 Aug 2018 ----

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