The Florida Fiduciary Access to Digital Assets Act by Juan C. Antúnez

In his post, Juan C. Antúnez comments on a new Florida law – passed as Senate Bill No. 494 – that makes it easier for personal representatives to gain access to digital data after an accountholder passes. Antúnez explains,

The Florida Fiduciary Access to Digital Assets Act accomplishes two purposes. First, it provides fiduciaries the legal authority to manage digital assets and electronic communications in the same manner that they manage tangible assets and accounts. The act distinguishes between when a fiduciary may access the content of digital assets and electronic communications and when the fiduciary may only access a catalog of the digital property. Second, the act provides custodians of digital assets and electronic communications the legal authority they need to interact with the fiduciaries of their users while honoring the user’s privacy expectations for his or her personal communications. Most importantly, a custodian is granted immunity from liability for acts or omissions done in good faith compliance with the provisions of the new act.

Read the full post here: The Florida Fiduciary Access to Digital Assets Act

Posted by Allison Trupp, Associate Editor, Wealth Strategies Journal

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