Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 186, § 1, effective August 10.
Section 1511 provides that trustees who are original users can access all digital assets held in the trust. There should be no question that a trustee who is the original user will have full access to all digital assets. This includes the content of electronic communications, as access to content is presumed with respect to assets for which the trustee is the initial user. A trustee may have title to digital assets when the trustee opens an account as trustee; under those circumstances, the trustee can access the content of each digital asset that is in an account for which the trustee is the original user, not necessarily each digital asset held in the trust.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Part 15 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 15-1-1504. User Direction for Disclosure of Digital Assets
§ 15-1-1505. Terms-of-Service Agreement
§ 15-1-1506. Procedure for Disclosing Digital Assets
§ 15-1-1507. Disclosure of Content of Electronic Communications of Deceased User
§ 15-1-1508. Disclosure of Other Digital Assets of Deceased User
§ 15-1-1509. Disclosure of Content of Electronic Communications of Principal
§ 15-1-1510. Disclosure of Other Digital Assets of Principal
§ 15-1-1511. Disclosure of Digital Assets Held in Trust When Trustee Is Original User
§ 15-1-1513. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User
§ 15-1-1514. Disclosure of Digital Assets to Conservator of Protected Person
§ 15-1-1515. Fiduciary Duty and Authority
§ 15-1-1516. Custodian Compliance and Immunity
§ 15-1-1517. Uniformity of Application and Construction
§ 15-1-1518. Relation to Electronic Signatures in Global and National Commerce Act