Stewart: The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?

Yi W. Stewart, on the NY Trusts  Estates Litigation Blog, has written an article about obtaining disclosure of a decedent’s digital assets.  Her article begins as follows:

Since the last post to this blog on the evolving issue of access to a decedent’s digital assets (Death and Digital Content: Protecting Digital Assets After the Death of a User, March 29, 2019), New York Courts have issued a series of decisions that generally followed the leads of the Serrano and White decisions (as discussed in An Update on a Fiduciary’s Access to the Digital Records of a Decedent, December 19, 2017). This post provides (1) a summary of the legislative intent behind Article 13-A of the EPTL (“Administration of Digital Assets”), (2) a survey of the recent published decisions, (3) tips on applying for disclosure of a decedent’s digital assets, and (4) a discussion of the definition of “electronic communication.”

To see full article, click: The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving? | New York Trusts & Estates Litigation

Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal..

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