Maryland Statutes
Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act
Section 15-614 - Rights and Duties of Fiduciaries

(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 § 15–603 of this subtitle, is subject to the applicable terms of service;
        (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, protected person, principal, or settlor has the right to access a 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.
    (d)    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 § 7–302 of the Criminal Law Article.
    (e)    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 the digital assets stored in it; and
        (2)    Is an authorized user for the purpose of computer–fraud and unauthorized–computer–access laws, including § 7–302 of the Criminal Law Article.
    (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)    (1)    A fiduciary of a user may request a custodian to terminate the user’s account.
        (2)    The fiduciary shall submit the request for termination to the custodian in writing, in either physical or electronic form, accompanied by:
            (i)    If the user is deceased, a copy of the death certificate of the user;
            (ii)    A copy of the letters of administration of the personal representative or court order appointing a special administrator, power of attorney, or trust granting the fiduciary authority over the account; and
            (iii)    If requested by the custodian:
                1.    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
                2.    Evidence linking the account to the user; or
                3.    A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in item 1 of this item.

Structure Maryland Statutes

Maryland Statutes

Estates and Trusts

Title 15 - Fiduciaries

Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act

Section 15-601 - Definitions

Section 15-602 - Exclusions

Section 15-603 - Direction to Disclose Information

Section 15-604 - Right to Access Digital Assets

Section 15-605 - Disclosure of Digital Assets

Section 15-606 - Deceased Users -- Disclosures to Personal Representative

Section 15-607 - Deceased Users -- Disclosure of Catalogue of Electronic Communications to Personal Representative

Section 15-608 - Disclosures by Custodian by Agent; Requirements

Section 15-609 - Disclosures by Custodian by Agent -- Catalogue of Electronic Communications

Section 15-610 - Disclosure of Digital Assets of Account Held in Trust -- to Original User Trustee

Section 15-611 - Disclosure of Content of Electronic Communication of User -- to Trustee Not Original User; Requirements

Section 15-612 - Disclosure of Catalogue of Electronic Communication and Assets of User -- to Trustee Not Original User; Requirements

Section 15-613 - Disclosures to Guardians of Protected Persons

Section 15-614 - Rights and Duties of Fiduciaries

Section 15-615 - Compliance With Request for Disclosure of Assets or Termination of Account From Fiduciary or Designated Recipient

Section 15-616 - Construction With Revised Uniform Fiduciary Access to Digital Assets Act as Adopted by Other States

Section 15-617 - Construction With Federal Electronic Signatures in Global and National Commerce Act

Section 15-618 - Applicability

Section 15-619 - Severability

Section 15-620 - Short Title