Revised Uniform Fiduciary Access to Digital Assets Act Signed Into Law
By: Stefanie L. Pate, Esq.
On July 30, 2020, the Revised Uniform Fiduciary Access to Digital Assets Act, also known as Act 72 of 2020 (“Act 72”), was signed into law. Act 72 allows fiduciaries, including executors and administrators of estates, agents under powers of attorney and guardians, access to the digital assets of the decedent, principal or ward.
Digital assets include emails, text messages, social media posts, digital photos, online financial records and other electronic data. Act 72 also addresses a fiduciary’s access to digital assets that are held by a custodian or subject to a terms of service agreement, such as a social media account.
A fiduciary can be given permission to access digital assets in estate planning documents such as Wills, Trusts and Powers of Attorney. Alternatively, if permission is not expressly granted in estate planning documents, the fiduciary must obtain a court order to access digital assets.
Estate planning documents should be updated to reflect the enactment of Act 72. Please contact Stefanie Pate or a member of the Estates & Trusts Practice Group to discuss.
Leech Tishman’s Estates & Trusts Practice Group is engaged in the development of practical, effective estate planning and business succession planning for individuals, families, businesses, non-profit organizations, and private foundations.
If you have any questions regarding Act 72 or any other estate and trust matters, please contact Stefanie L. Pate, a Partner in Leech Tishman’s Pittsburgh, PA office. Stefanie can be reached at 412.261.1600 or firstname.lastname@example.org.
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Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in alternative dispute resolution, aviation & aerospace, bankruptcy & creditors’ rights, cannabis, construction, corporate, employee benefits, employment, energy, environmental, estates & trusts, family law, government relations, immigration, insurance coverage, intellectual property, international legal matters, litigation, real estate, and taxation. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York, Sarasota and Wilmington, DE.