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Connecticut General Statutes Title 45A. Probate Courts and Procedure § 45a-334p. Fiduciary duty and authority

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) 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.

(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

(1) Except as otherwise provided in section 45a-334e, 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.

(c) A fiduciary with authority over the property of a decedent, conserved person, principal or settlor has the right to access any digital asset in which the decedent, conserved 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.

(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, conserved person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251.

(e) A fiduciary with authority over the tangible, personal property of a decedent, conserved 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, but not limited to, section 53a-251.

(f) 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.

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

(1) A certified copy of the death certificate of the user if the user is deceased;

(2) A certified copy of any one or more of the following that gives the fiduciary authority over the account:

(A) A certificate of appointment as executor;

(B) A certificate of appointment as conservator;

(C) A power of attorney; or

(D) A trust; and

(3) If requested by the custodian:

(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 a court that the user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision.

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Cite this article: FindLaw.com - Connecticut General Statutes Title 45A. Probate Courts and Procedure § 45a-334p. Fiduciary duty and authority - last updated January 01, 2025 | https://codes.findlaw.com/ct/title-45a-probate-courts-and-procedure/ct-gen-st-sect-45a-334p/

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