Effective - 28 Aug 2018
472.475. Time period to comply with disclosure requests — denial of request — court order for disclosure or termination — immunity from liability, when. — 1. Not later than sixty days after receipt of the information required under sections 472.430 to 472.470, a custodian shall comply with a request under sections 472.400 to 472.490 from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
2. An order under subsection 1 of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. Section 2702, as amended.
3. A custodian may notify the user that a request for disclosure or to terminate an account was made under sections 472.400 to 472.490.
4. A custodian may deny a request under sections 472.400 to 472.490 from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
5. Sections 472.400 to 472.490 do not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under such sections to obtain a court order which:
(1) Specifies that an account belongs to the protected person or principal;
(2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) Contains a finding required by law other than as provided under sections 472.400 to 472.490.
6. A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with sections 472.400 to 472.490.
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(L. 2018 H.B. 1250)
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 472 - Probate Code — General Provisions
Section 472.005 - Application, when — effect on pending proceedings and rights.
Section 472.010 - Definitions.
Section 472.013 - Fraud under probate code — remedy — procedure.
Section 472.020 - Jurisdiction of probate division of circuit court.
Section 472.025 - State may be party to proceedings — service.
Section 472.030 - Powers of court — executions, when returnable — service of process.
Section 472.050 - Court open, when — sessions — time for acts.
Section 472.060 - Disqualification of judge.
Section 472.070 - Powers of clerk.
Section 472.080 - Documents filed with court, form — content.
Section 472.090 - Objections to petition, form.
Section 472.100 - Notice — court may require — how delivered.
Section 472.110 - Proof of service.
Section 472.120 - Amendment of proof of service.
Section 472.130 - Waiver of notice.
Section 472.135 - Waiver of legal requirements, when — limitation on waiver.
Section 472.140 - Record kept — adversary probate proceeding defined.
Section 472.150 - Vacation and modification of judgments.
Section 472.160 - Appeal — when — grounds for.
Section 472.180 - Time for appeal.
Section 472.190 - Appeals stayed or consolidated, when.
Section 472.210 - Appeals, procedure.
Section 472.290 - Rules of evidence to apply — exceptions — specific rules.
Section 472.320 - Independent administration of decedents' estates — application of probate code.
Section 472.330 - Approval of act or transaction in best interests of estate.
Section 472.335 - Power of court to confirm and validate acts — acts included.
Section 472.400 - Citation of law.
Section 472.405 - Definitions.
Section 472.410 - Applicability.
Section 472.430 - Disclosure to personal representative of user's estate, when.
Section 472.435 - Catalogue of electronic communications disclosed to personal representative, when.
Section 472.440 - Disclosure to agent, when.
Section 472.445 - Catalogue of electronic communications, disclosure to agent, when.
Section 472.450 - Disclosures to trustee.
Section 472.455 - Content of electronic communication, disclosure to trustee, when.
Section 472.460 - Catalogue of electronic communications, disclosure to trustee, when.
Section 472.465 - Conservator access, opportunity for hearing — disclosures to conservator, when.
Section 472.480 - Construction of act, considerations.