reglab/housing_qa huggingface dataset:
14 V.S.A. § 3556
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3556. Procedure for disclosing digital assets

§ 3556. Procedure for disclosing digital assets|(a) When disclosing digital assets of a user under this chapter, the custodian may in 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; or (3) 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 chapter.(c) A custodian need not disclose under this chapter a digital asset deleted by a user.(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter 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; or (4) all of the user's digital assets to the court for review in camera. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3557
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3557. Disclosures of content of electronic communications of deceased user

§ 3557. Disclosures of content of electronic communications of deceased user|If a deceased user consented, or if 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 an electronic communication 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 certificate of appointment of a fiduciary; (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; and (5) 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; or (C) a finding by the court that:  (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (5); (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. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3558
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3558. Disclosure of other digital assets of deceased user

§ 3558. 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 catalogue of electronic communications sent or received by the user, and digital assets of the user other than the content of electronic communications, 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 certificate of appointment of fiduciary; and (4) 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; or (D) a finding by the court that:  (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (4); or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3559
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3559. Disclosure of content of electronic communications of principal

§ 3559. Disclosure of content of electronic communications of principal|To the extent 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 the content of the electronic communication to the agent 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, under penalty of perjury, that the power of attorney is in effect; and (4) 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; or (B) evidence linking the account to the principal. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3560
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3560. Disclosure of other digital assets of principal

§ 3560. 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 catalogue of electronic communications sent or received by the principal, and digital assets of the principal other than the content of electronic communications, if the agent gives the custodian:  (1) a written request for disclosure in physical or electronic form; (2) an original or a 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, under penalty of perjury, that the power of attorney is in effect; and (4) 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; or (B) evidence linking the account to the principal. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3561
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3561. Disclosure of digital assets held in trust when trustee is original user

§ 3561. 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 catalogue of electronic communications of the trustee and the content of electronic communications. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3562
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3562. Disclosure of contents of electronic communications held in trust when trustee not original user

§ 3562. Disclosure of contents of electronic communications held in trust when trustee 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 an electronic communication 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 14A V.S.A. § 1013 that includes consent to disclosure of the content of electronic communications to the trustee; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) 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; or (B) evidence linking the account to the trust. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3563
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3563. Disclosure of other digital assets held in trust when trustee not original user

§ 3563. Disclosure of other digital assets held in trust when trustee 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 catalogue 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 14A V.S.A. § 1013; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) 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; or (B) evidence linking the account to the trust. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3564
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3564. Disclosure of digital assets to guardian of person under guardianship

§ 3564. Disclosure of digital assets to guardian of person under guardianship|(a) After an opportunity for a hearing under 14 V.S.A. § 3068, the court may grant a guardian access to the digital assets of a person under guardianship.(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a person under guardianship, and any digital assets other than the content of electronic communications in which the person under guardianship has a right or interest, if the 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 guardian authority over the digital assets of the person under guardianship; and (3) 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 person under guardianship; or (B) evidence linking the account to the person under guardianship.    (c) A guardian with general authority to manage the assets of a person under guardianship may request a custodian of the digital assets of the person under guardianship to suspend or terminate an account of the person under guardianship for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the guardian authority over the protected person's property. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3565
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3565. Fiduciary duty and authority

§ 3565. 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; and (3) the duty of confidentiality.   (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:  (1) is subject to the applicable terms of service, except as otherwise provided in section 3554 of this title; (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; and (4) shall not be used to impersonate the user.   (c) A fiduciary with authority over the property of a decedent, person under guardianship, principal, or settlor has the right to access any digital asset in which the decedent, person under guardianship, 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, person under guardianship, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including 13 V.S.A. § 4102.(e) A fiduciary with authority over the tangible, personal property of a decedent, person under guardianship, principal, or settlor:  (1) has the right to access the property and any digital asset stored in it; and (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including 13 V.S.A. § 4102.   (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 certificate of appointment of fiduciary, court order, power of attorney, or trust giving the fiduciary authority over the account; and (3) 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; or (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (3). (Added 2017, No. 13, § 1.)
14 V.S.A. § 3566
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3566. Custodian compliance and immunity

§ 3566. Custodian compliance and immunity|(a) Not later than 60 days after receipt of the information required by sections 3557-3565 of this title, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to the court for an order directing compliance.(b) An order under subsection (a) of this section 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 chapter.(d) A custodian may deny a request under this chapter 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 chapter shall not limit a custodian's ability to obtain, or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain, a court order that:  (1) specifies that an account belongs to the person under guardianship or the principal; (2) specifies that there is sufficient consent from the person under guardianship or the principal to support the requested disclosure; and (3) contains a finding required by law other than this chapter.   (f) A custodian and its officers, employees, and agents shall be immune from liability for any act or omission done in good faith compliance with this chapter. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3567
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3567. Uniformity of application and construction

§ 3567. Uniformity of application and construction|In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2017, No. 13, § 1.)
14 V.S.A. § 3568
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act|§ 3568. Relation to electronic signatures in Global and National Commerce Act

§ 3568. Relation to electronic signatures in Global and National Commerce Act|This chapter 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 Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b). (Added 2017, No. 13, § 1.)
14 V.S.A. § 101
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 101. Short title

§ 101. Short title|This title may be cited as the Vermont Trust Code. (Added 2009, No. 20, § 1.)
14 V.S.A. § 102
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 102. Scope

§ 102. Scope|(a) This title applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. Except as provided in subsection (b) of this section, this title shall not apply to trusts described in the following provisions of Vermont Statutes Annotated: 3 V.S.A. chapter 16; 6 V.S.A. chapter 151; 8 V.S.A. chapters 103, 204, and 222; 10 V.S.A. chapters 11A, 12, and 59; 11A V.S.A. chapter 7; 15 V.S.A. chapter 11; 16 V.S.A. chapters 55, 90, and 131; 18 V.S.A. chapters 121, 177, and 225; 21 V.S.A. chapter 9; 24 V.S.A. chapters 65, 119, 125, and 133; 27 V.S.A. chapter 7; 28 V.S.A. chapter 11; 29 V.S.A. chapter 16; and 30 V.S.A. chapters 84 and 91; but section 1013 of this title (certification of trust) shall apply to all such trusts.(b) Section 1013 of this title (certification of trust) shall apply to all trusts described in subsection (a) of this section. (Added 2009, No. 20, § 1; amended 2009, No. 92 (Adj. Sess.), § 4; 2009, No. 132 (Adj. Sess.), § 11, eff. May 29, 2010.)
14 V.S.A. § 104
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 104. Knowledge

§ 104. Knowledge|(a) Subject to subsection (b) of this section, a person has knowledge of a fact if the person:  (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know it.   (b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information. (Added 2009, No. 20, § 1.)
14 V.S.A. § 105
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 105. Default and mandatory rules

§ 105. Default and mandatory rules|(a) Except as otherwise provided in the terms of the trust, this title governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.(b) The terms of a trust prevail over any provision of this title except:  (1) the requirements for creating a trust; (2) the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries; (3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve; (4) the power of the Probate Division of the Superior Court to modify or terminate a trust under sections 410 through 416 of this title; (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in chapter 5 of this title; (6) the power of the Probate Division of the Superior Court under section 702 of this title to require, dispense with, or modify or terminate a bond; (7) the power of the Probate Division of the Superior Court under subsection 708(b) of this title to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high; (8) the effect of an exculpatory term under section 1008 of this title; (9) the rights under sections 1010 through 1013 of this title of a person other than a trustee or beneficiary; (10) periods of limitation for commencing a judicial proceeding; (11) the power of the Probate Division of the Superior Court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and (12) the subject matter jurisdiction of the Probate Division of the Superior Court and venue for commencing a proceeding as provided in sections 203 and 204 of this title. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 106
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 106. Common law of trusts; principles of equity

§ 106. Common law of trusts; principles of equity|The common law of trusts and principles of equity supplement this title, except to the extent modified by this title or another statute of this state. (Added 2009, No. 20, § 1.)