On July 1, 2016, Indiana adopted the Revised Uniform Fiduciary Access to Digital Assets Act. The Act authorizes the utilization of an online tool to direct the user’s custodian to disclose or not disclose the user’s digital assets. The online tool allows the user to modify or delete directions at all times, so a user’s online direction detailing disclosure overrides a contrary direction in the user’s will, trust, power of attorney, or other record. So, for example, a direction made under the online tool will trump the specified agent under a power of attorney or any other estate planning document.
See Senate Bill 253, Indiana General Assembly 2016 Session.
Special thanks to Keith Huffman (Attorney, Dale, Huffman, & Babcock Lawyers) for bringing this Article to my attention.
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