reglab/housing_qa huggingface dataset:
MT Code § 72-31-405 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-405. Procedure for disclosing digital assets

  72-31-405. Procedure for disclosing digital assets. (1) When disclosing digital assets of a user under this part, the custodian may at its sole discretion:   (a) grant a fiduciary or designated recipient full access to the user's account;   (b) 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   (c) 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.   (2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part.   (3) A custodian need not disclose under this part a digital asset deleted by a user.   (4) If a user directs or a fiduciary requests a custodian to disclose under this part 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:   (a) a subset limited by date of the user's digital assets;   (b) all of the user's digital assets to the fiduciary or designated recipient;   (c) none of the user's digital assets; or   (d) all of the user's digital assets to the court for review in camera.   History: En. Sec. 5, Ch. 286, L. 2017.
MT Code § 72-31-406 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-406. Disclosure of content of electronic communications of deceased user

  72-31-406. Disclosure of content of electronic communications of deceased user. If a deceased user consented 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 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 letter of appointment of the representative or a collection of personal property 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; and   (5) if requested by the custodian:   (a) a number, user name, 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 subsection (5)(a);   (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., as amended, 47 U.S.C. 222, as amended, 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.   History: En. Sec. 6, Ch. 286, L. 2017.
MT Code § 72-31-407 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-407. Disclosure of other digital assets of deceased user

  72-31-407. 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, 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 collection of personal property affidavit or court order; and   (4) if requested by the custodian:   (a) a number, user name, 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 subsection (4)(a); or   (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.   History: En. Sec. 7, Ch. 286, L. 2017.
MT Code § 72-31-408 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-408. Disclosure of content of electronic communications of principal

  72-31-408. 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 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, under penalty of perjury, that the power of attorney is in effect; and   (4) if requested by the custodian:   (a) a number, user name, 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.   History: En. Sec. 8, Ch. 286, L. 2017.
MT Code § 72-31-409 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-409. Disclosure of other digital assets of principal

  72-31-409. 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, 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 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, user name, 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.   History: En. Sec. 9, Ch. 286, L. 2017.
MT Code § 72-31-410 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-410. Disclosure of digital assets held in trust when trustee is original user

  72-31-410. 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.   History: En. Sec. 10, Ch. 286, L. 2017.
MT Code § 72-31-411 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-411. Disclosure of contents of electronic communications held in trust when trustee not original user

  72-31-411. 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 72-38-1013 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, user name, 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.   History: En. Sec. 11, Ch. 286, L. 2017.
MT Code § 72-31-412 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-412. Disclosure of other digital assets held in trust when trustee not original user

  72-31-412. 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 72-38-1013;   (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, user name, 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.   History: En. Sec. 12, Ch. 286, L. 2017.
MT Code § 72-31-413 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-413. Disclosure of digital assets to conservator of protected person

  72-31-413. Disclosure of digital assets to conservator of protected person. (1) After an opportunity for a hearing under 72-5-408, the court may grant a conservator access to the digital assets of a protected person.   (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue 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 gives the custodian:   (a) a written request for disclosure in physical or electronic form;   (b) a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and   (c) if requested by the custodian:   (i) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or   (ii) evidence linking the account to the protected person.   (3) A conservator with general authority to manage the assets of a protected person 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 must be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.   History: En. Sec. 13, Ch. 286, L. 2017.
MT Code § 72-31-414 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-414. Fiduciary duty and authority

  72-31-414. Fiduciary duty and authority. (1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:   (a) the duty of care;   (b) the duty of loyalty; and   (c) the duty of confidentiality.   (2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:   (a) except as otherwise provided in 72-31-405, is subject to the applicable terms of service;   (b) is subject to other applicable law, including copyright law;   (c) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and   (d) may not be used to impersonate the user.   (3) 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.   (4) 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 45-6-311.   (5) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:   (a) has the right to access the property and any digital asset stored in it; and   (b) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including 45-6-311.   (6) 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.   (7) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:   (a) if the user is deceased, a certified copy of the death certificate of the user;   (b) a certified copy of the letter of appointment of the representative or a collection of personal property affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and   (c) if requested by the custodian:   (i) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;   (ii) evidence linking the account to the user; or   (iii) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subsection (7)(c)(i).   History: En. Sec. 14, Ch. 286, L. 2017.
MT Code § 72-31-415 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-415. Custodian compliance and immunity

  72-31-415. Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under 72-31-406 through 72-31-414, a custodian shall comply with a request under this part 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.   (2) An order under subsection (1) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702, as amended.   (3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this part.   (4) A custodian may deny a request under this part 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.   (5) This part does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this part to obtain a court order which:   (a) specifies that an account belongs to the protected person or principal;   (b) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and   (c) contains a finding required by law other than this part.   (6) (a) Except as provided in subsection (6)(b), a custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part.   (b) The immunity in subsection (6)(a) does not apply to actions against the state or a political subdivision of the state.   History: En. Sec. 15, Ch. 286, L. 2017.
MT Code § 72-31-416 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-416. Uniformity of application and construction

  72-31-416. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   History: En. Sec. 16, Ch. 286, L. 2017.
MT Code § 72-31-417 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-417. Relation to Electronic Signatures in Global and National Commerce Act

  72-31-417. Relation to Electronic Signatures in Global and National Commerce Act. This part 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).   History: En. Sec. 17, Ch. 286, L. 2017.
MT Code § 72-33-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 1. General Provisions (Repealed)|72-33-101. Repealed

  72-33-101. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 1, Ch. 685, L. 1989.
MT Code § 72-33-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 1. General Provisions (Repealed)|72-33-102. Repealed

  72-33-102. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 2, Ch. 685, L. 1989.
MT Code § 72-33-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 1. General Provisions (Repealed)|72-33-103. Repealed

  72-33-103. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 3, Ch. 685, L. 1989.
MT Code § 72-33-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 1. General Provisions (Repealed)|72-33-104. Repealed

  72-33-104. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 4, Ch. 685, L. 1989.
MT Code § 72-33-105 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 1. General Provisions (Repealed)|72-33-105. Repealed

  72-33-105. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 5, Ch. 685, L. 1989.
MT Code § 72-33-106 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 1. General Provisions (Repealed)|72-33-106. Repealed

  72-33-106. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 6, Ch. 685, L. 1989.
MT Code § 72-33-107 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 1. General Provisions (Repealed)|72-33-107. Repealed

  72-33-107. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 8, Ch. 685, L. 1989.
MT Code § 72-33-108 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 1. General Provisions (Repealed)|72-33-108. Repealed

  72-33-108. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 7, Ch. 685, L. 1989; amd. Sec. 1, Ch. 688, L. 1991; amd. Sec. 68, Ch. 18, L. 1995.
MT Code § 72-33-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts (Repealed)|72-33-201. Repealed

  72-33-201. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 9, Ch. 685, L. 1989.
MT Code § 72-33-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts (Repealed)|72-33-202. Repealed

  72-33-202. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 10, Ch. 685, L. 1989.
MT Code § 72-33-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts (Repealed)|72-33-203. Repealed

  72-33-203. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 11, Ch. 685, L. 1989.
MT Code § 72-33-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 33. Trust Code General Provisions (Repealed)|Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts (Repealed)|72-33-204. Repealed

  72-33-204. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 12, Ch. 685, L. 1989.