reglab/housing_qa huggingface dataset:
VA Code § 64.2-108.1 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-108.1. References to former sections, articles, or chapters

When any will, trust instrument, power of attorney, or other instrument refers to a section of the Code that, at the time the reference was made in the will, trust instrument, power of attorney, or other instrument, had been repealed and transferred in the same or a modified form to a new section, article, or chapter in Title 64.2, the reference shall be construed to refer to the latter in the absence of any intent to the contrary.2013, c. 89.
VA Code § 64.2-108.2 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-108.2. Provision in certain trust void

A. For purposes of this section, "medical assistance" and "medical assistance benefits" mean benefits payable under the state plan for medical assistance services.B. Except as provided in subsection C, a provision in any inter vivos trust created for the benefit of the grantor that provides directly or indirectly for the suspension, termination, or diversion of the principal, income, or other beneficial interest of the grantor in the event that he should apply for medical assistance or require medical, hospital, or nursing care or long-term custodial, nursing, or medical care shall be against public policy and ineffective as against the Commonwealth. The assets of the trust, both principal and interest, shall be distributed as though no such application had been made. The provisions of this subsection shall apply without regard to the irrevocability of the trust or the purpose for which the trust was created.C. Subsection B shall not apply to any trust with a corpus of $25,000 or less. If the corpus of any such trust exceeds $25,000, $25,000 of the trust shall be exempt from the provisions of subsection B. However, if the grantor has created more than one trust as described in subsection B, the $25,000 exemption shall be prorated among the trusts. Further, if the grantor made uncompensated transfers, as defined in § 20-88.02, within 30 months of applying for Medicaid benefits and no payments were ordered pursuant to subsection D of § 20-88.02, the $25,000 exemption under this subsection shall not apply.D. The exemption provided by subsection C shall not apply to any trust created on or after August 11, 1993.E. To the extent any trust created between August 11, 1993, and July 1, 1994 would but for subsection D be entitled to the exemption provided by subsection C, the grantor may revoke such trust notwithstanding any irrevocability in the terms of such trust. Nothing contained in this subsection shall be construed to authorize the grantor to effect the vested rights of any beneficiary of such trust without the express written consent of such beneficiary.F. The provisions of subsection B shall not apply to an irrevocable inter vivos trust to the extent it is created for the purpose of paying the grantor's funeral and burial expenses and is funded in an amount and manner allowable as a resource in determining eligibility for medical assistance benefits. In the event any amount remains in the trust upon payment of the funeral or burial arrangements provided to or on behalf of such individual, the Commonwealth shall receive all amounts remaining in such trust up to an amount equal to the total medical assistance paid on behalf of the individual.1993, c. 701, § 55-19.5; 1994, c. 692; 1998, c. 735; 2019, c. 712.
VA Code § 64.2-117 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-117. Applicability

A. This article applies to:1. A fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017;2. A personal representative acting for a decedent who died before, on, or after July 1, 2017;3. A conservatorship proceeding commenced before, on, or after July 1, 2017;4. A guardianship proceeding commenced before, on, or after July 1, 2017; and5. A trustee acting under a trust created before, on, or after July 1, 2017.B. This article applies to a custodian if the user resides in the Commonwealth or resided in the Commonwealth at the time of the user's death.C. This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.2017, cc. 33, 80.
VA Code § 64.2-118 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-118. User direction for disclosure of digital assets

A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.B. If a user has not used an online tool to give direction under subsection A or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.C. A user's direction under subsection A or B overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.2017, cc. 33, 80.
VA Code § 64.2-119 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-119. Terms-of-service agreement

A. This article does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.B. This article does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.C. A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under § 64.2-118.2017, cc. 33, 80.
VA Code § 64.2-120 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-120. Procedure for disclosing digital assets

A. When disclosing digital assets of a user under this article, the custodian may, at its sole discretion:1. Grant a fiduciary or designated recipient full access to the user's account;2. Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or3. Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.B. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this article.C. A custodian need not disclose under this article a digital asset deleted by a user.D. If a user directs or a fiduciary requests a custodian to disclose under this article some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:1. A subset limited by date of the user's digital assets;2. All of the user's digital assets to the fiduciary or designated recipient;3. None of the user's digital assets; or4. All of the user's digital assets to the court for review in camera.2017, cc. 33, 80.
VA Code § 64.2-121 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-121. Disclosure of content of electronic communications of deceased user

If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of electronic communications sent or received by the user if the representative gives the custodian:1. A written request for disclosure in physical or electronic form;2. A certified copy of the death certificate of the user;3. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order;4. Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and5. If requested by the custodian:a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;b. Evidence linking the account to the user; orc. A finding by the court that (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision a; (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or other applicable law; (iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.2017, cc. 33, 80.
VA Code § 64.2-122 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-122. Disclosure of other digital assets of deceased user

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:1. A written request for disclosure in physical or electronic form;2. A certified copy of the death certificate of the user;3. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order; and4. If requested by the custodian:a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;b. Evidence linking the account to the user;c. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; ord. A finding by the court that (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision a or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.2017, cc. 33, 80.
VA Code § 64.2-123 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-123. Disclosure of content of electronic communications of principal

To the extent that a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:1. A written request for disclosure in physical or electronic form;2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;3. A certification by the agent that the power of attorney is in effect; and4. If requested by the custodian:a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; orb. Evidence linking the account to the principal.2017, cc. 33, 80.
VA Code § 64.2-124 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-124. Disclosure of other digital assets of principal

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:1. A written request for disclosure in physical or electronic form;2. An original or copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;3. A certification by the agent that the power of attorney is in effect; and4. If requested by the custodian:a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; orb. Evidence linking the account to the principal.2017, cc. 33, 80.
VA Code § 64.2-125 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-125. Disclosure of digital assets held in trust when trustee is original user

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.2017, cc. 33, 80.
VA Code § 64.2-126 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-126. Disclosure of contents of electronic communications held in trust when trustee is 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 the content of electronic communications sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust 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 § 64.2-804 that includes consent to disclosure of the content of electronic communications to the trustee;3. A certification by the trustee that the trust exists and the trustee is a currently acting trustee of the trust; and4. If requested by the custodian:a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; orb. Evidence linking the account to the trust.2017, cc. 33, 80.
VA Code § 64.2-127 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-127. Disclosure of other digital assets held in trust when trustee is 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 catalog 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 § 64.2-804;3. A certification by the trustee that the trust exists and the trustee is a currently acting trustee of the trust; and4. If requested by the custodian:a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; orb. Evidence linking the account to the trust.2017, cc. 33, 80.
VA Code § 64.2-128 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-128. Disclosure of digital assets to conservator or guardian of protected person

A. After an opportunity for a hearing under Chapter 20 (§ 64.2-2000 et seq.), the court may grant a conservator or guardian access to the digital assets of a protected person.B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalog of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or guardian gives the custodian:1. A written request for disclosure in physical or electronic form;2. A certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and3. If requested by the custodian:a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; orb. Evidence linking the account to the protected person.C. A conservator with general authority to manage the assets of a protected person or a guardian with specific authority granted by the court may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person's property.2017, cc. 33, 80.
VA Code § 64.2-129 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-129. Fiduciary duty and authority

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:1. The duty of care;2. The duty of loyalty; and3. The duty of confidentiality.B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:1. Except as otherwise provided in § 64.2-118, is subject to the applicable terms-of-service agreement;2. Is subject to other applicable law, including copyright law;3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and4. May not be used to impersonate the user.C. A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.D. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized computer-access laws, including Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2.E. A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor:1. Has the right to access the property and any digital asset stored in it; and2. Is an authorized user for the purposes of computer-fraud and unauthorized computer-access laws, including Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2.F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.G. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:1. If the user is deceased, a certified copy of the death certificate of the user;2. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and3. If requested by the custodian:a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;b. Evidence linking the account to the user; orc. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision a.2017, cc. 33, 80.
VA Code § 64.2-130 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-130. Custodian compliance and immunity

A. Not later than 60 days after receipt of the information required under §§ 64.2-121 through 64.2-129, a custodian shall comply with a request under this article from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.B. An order under subsection A directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.C. A custodian may notify the user that a request for disclosure or to terminate an account was made under this article.D. A custodian may deny a request under this article from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.E. This article does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this article to obtain a court order that:1. Specifies that an account belongs to a protected person or principal;2. Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and3. Contains a finding required by law other than this article.F. A custodian and its officer, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this article.2017, cc. 33, 80.
VA Code § 64.2-131 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-131. Uniformity of application and construction

In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.2017, cc. 33, 80.
VA Code § 64.2-132 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 1 - Definitions and General Provisions|§ 64.2-132. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).2017, cc. 33, 80.