72-31-412. Disclosure of other digital assets held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under 72-38-1013;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) evidence linking the account to the trust.
History: En. Sec. 12, Ch. 286, L. 2017.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 31. Miscellaneous Provisions Relating to Fiduciaries
Part 4. Revised Uniform Fiduciary Access to Digital Assets Act
72-31-403. User direction for disclosure of digital assets
72-31-404. Terms-of-service agreement
72-31-405. Procedure for disclosing digital assets
72-31-406. Disclosure of content of electronic communications of deceased user
72-31-407. Disclosure of other digital assets of deceased user
72-31-408. Disclosure of content of electronic communications of principal
72-31-409. Disclosure of other digital assets of principal
72-31-410. Disclosure of digital assets held in trust when trustee is original user
72-31-412. Disclosure of other digital assets held in trust when trustee not original user
72-31-413. Disclosure of digital assets to conservator of protected person
72-31-414. Fiduciary duty and authority
72-31-415. Custodian compliance and immunity
72-31-416. Uniformity of application and construction
72-31-417. Relation to Electronic Signatures in Global and National Commerce Act