reglab/housing_qa huggingface dataset:
WV Code § 44-5B-9 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-9. 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:(a) A written request for disclosure in physical or electronic form;(b) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;(c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and(d) If requested by the custodian:(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or(2) Evidence linking the account to the principal.
WV Code § 44-5B-10 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-10. 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:(a) A written request for disclosure in physical or electronic form;(b) 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;(c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and(d) If requested by the custodian:(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or(2) Evidence linking the account to the principal.
WV Code § 44-5B-11 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-11. Disclosure of Digital Assets Held in Trust When Trustee Is Original User

Unless otherwise ordered by the court or provided in a trust instrument, 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.
WV Code § 44-5B-12 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-12. 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 instrument, 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:(a) A written request for disclosure in physical or electronic form;(b) A certified copy of the trust instrument or a certification of the trust under §44D-10-1013 of this code that includes consent to disclose the content of electronic communications to the trustee;(c) 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(d) If requested by the custodian:(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or(2) Evidence linking the account to the trust.
WV Code § 44-5B-13 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-13. 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 §44D-10-1013 of this code;(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.
WV Code § 44-5B-14 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-14. Disclosure of Digital Assets to Conservator of Protected Person

(a) After an opportunity for a hearing under §44A-1-1 et seq. of this code, the court may grant a conservator 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 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:(1) A written request for disclosure in physical or electronic form;(2) A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; 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 protected person; or(B) Evidence linking the account to the protected person.(c) 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.
WV Code § 44-5B-15 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-15. 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) Except as otherwise provided in §44-5B-4 of this code, is subject to the applicable terms of service;(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) 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 the provisions of §61-3C-1 et seq. of this code.(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; and(2) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including the provisions of §61-3C-1 et seq. of this code.(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 must 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, court order, power of attorney, or trust instrument 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 §44-5B-15(g)(1) of this code.
WV Code § 44-5B-16 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-16. Custodian Compliance and Immunity

(a) Not later than 60 days after receipt of the information required under §44-5B-7 through §44-5B-15 of this code, 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 §44-5B-16(a) of this code directing compliance must 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 §44-5B-1 et seq. of this code 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 §44-5B-1 et seq. of this code to obtain a court order which:(1) Specifies that an account belongs to the protected person or principal; (2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and (3) Contains a finding required by law other than this article.(f) 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 article.
WV Code § 44-5B-17 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-17. 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.
WV Code § 44-5B-18 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-18. 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. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U. S. C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U. S. C. Section 7003(b).
WV Code § 44-5B-19 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-19. Severability

If any provision of §44-5B-1 et seq. of this code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
WV Code § 44-6-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 6. Investments by Fiduciaries|§44-6-1. Fiduciaries to Put Money Out at Interest

(a) Executors, administrators, guardians, curators, committees or trustees may, by direction of the circuit court of the county, where they were appointed or qualified, put out at interest all moneys in their hands which they are or may be lawfully required to retain, whether it belongs to minors, legatees or other person or persons, upon security, and for the length of time, as the court will allow, and if the security so taken, bona fide and without fraud, proves insufficient, it is the loss of the beneficiaries entitled thereto; and it is the duty of the executors, administrators, guardians, curators, committees or trustees, in cases where the estates in their hands may be materially benefited thereby, to make application to the circuit court for direction, and in case they neglect so to do they are accountable for the interest that might have been made thereby; but if no person who may be willing to take the money at interest, giving the security, can be found by the executors, administrators, guardians, curators, committees or trustees, then the executors, administrators, guardians, curators, committees or trustees, in those cases, are accountable for the principal money only, until it can be put out at interest as aforesaid; but in any case where executors, administrators, guardians, curators, committees or trustees use the money of the estates which come to their hands, they are accountable not only for the principal, but also for the interest thereon.(b) This section does not apply to a trust or a trustee.
WV Code § 44-6-3 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 6. Investments by Fiduciaries|§44-6-3. Authority for Investment

When any fiduciary desires the authority or direction of the circuit court with respect to the investment of any funds in his hands, he shall file his petition in the circuit court of the county in which he qualified, setting out fully the facts, and verifying such petition by his affidavit. Ten days’ notice of the time fixed for the hearing on the petition shall be served on the beneficiaries of such trust funds, who shall be made defendants thereto, and, for any who may be under disability, a guardian ad litem shall be appointed. Such guardian ad litem shall answer the petition under oath, and be present at the hearing and represent the interests of the person or persons for whom he shall have been appointed guardian ad litem. The matters arising on such petition may be heard upon affidavits, or depositions duly taken and returned, or upon oral testimony. The court upon the hearing may make such order in relation to the investment of the trust funds as may be to the best interests of the beneficiaries thereof. Such petition may be filed, and the hearing thereon had, by the judge of the court in vacation, as well as by the court in term time.
WV Code § 44-6-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 6. Investments by Fiduciaries|§44-6-4. Beneficiaries May Have Fiduciary Instructed by Court as to Investments

The circuit court of the county where any fiduciary qualified, or the judge of such court in vacation, may, on the application of any person interested in the estate or trust in charge of such fiduciary, after ten days’ notice to such fiduciary and all other persons interested therein, authorize or require the fiduciary to sell and transfer any securities, or any other personal estate or effects, held by him in his fiduciary capacity, and to invest the proceeds of such sale, and also any other moneys in his hands, in other securities, or in any other manner that shall to the court be deemed best for the interests of all concerned therein; and such circuit court or judge may make such further orders, and give such directions, as the case may require, for managing, investing and disposing of the estate and effects in the hands of the fiduciary.
WV Code § 44-6-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 6. Investments by Fiduciaries|§44-6-5. Application to Circuit Court for Directions Regarding Estate Held to Meet a Contingency

Whenever, under the provisions of a will, it shall be necessary for the personal representative to retain in his hands the personal estate, or any part thereof, after all just claims are discharged, as where money or some other thing is directed to be paid at a distant period, or upon a contingency, the circuit court of the county in which such personal representative qualified, or the judge of such court in vacation, shall have the power, on the application of such personal representative, or of a party interested, after ten days’ notice to all parties interested in the retained funds or estate, to decree and give directions thereto; and in any such case it shall be the duty of such personal representative to make such application to such court, or judge thereof in vacation; and such court, or judge thereof in vacation, shall have full power to decree or direct what part of the personal estate shall be retained or appropriated for the purpose, in what manner it shall be disposed of, how the legacy or benefit intended by the will shall be secured to the person to be entitled at a future period or contingency, how the necessary part of the personal estate to be appropriated for the purpose shall be prevented from being unproductive, and how it shall be applied, agreeably to the intent of the will or the construction of law, in case the contingency shall not take place.
WV Code § 44-6-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 6. Investments by Fiduciaries|§44-6-6. Establishment of Common Trust Funds; Investments

(a) Any bank or trust company qualified to act as fiduciary in this state may establish common trust funds for the purpose of furnishing, or making available, investments to itself as fiduciary, or to itself and others, as cofiduciaries, and may, as such fiduciary or cofiduciary, invest funds which it lawfully holds for investment in interests in such common trust funds, if such investment is not prohibited by the instrument, judgment, decree or order creating its fiduciary status or relationship, and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciaries to such investment: Provided, That unless such fiduciary acquiring or holding any interest in any common trust fund is specifically permitted by the instrument, judgment, decree or order creating the fiduciary status or relationship to invest in securities other than those described in section two of this article, or any amendments or reenactments thereof, such common trust funds shall be invested only in those securities described in said section two and subject to the limitations and conditions of said section, and any amendments or reenactments thereof, except that a common trust fund or funds may be established for the purchase of securities of the type described in said section two without regard to the percentage limitation specified in subparagraph (1), subdivision (h) of said section two, in which event the funds invested by a fiduciary in interests in such last mentioned common trust fund or funds shall not exceed the percentage limitation specified in said subparagraph (1), subdivision (h) unless a larger investment is permitted by the instrument, judgment, decree or order creating the fiduciary status or relationship.(b) Any bank or trust company qualified to act as a fiduciary in this state may establish and maintain common trust funds for the collective investment of funds held in any fiduciary capacity by it or by any bank or trust company qualified to act as fiduciary in this state which is owned or controlled by a bank holding company which owns or controls such establishing bank or trust company. Any such commonly owned or controlled bank or trust company may, as fiduciary or cofiduciary with others, invest funds which it holds in common trust funds so established and maintained. The restrictions contained in subsection (a) of this section shall apply to the establishment, maintenance and investment of common trust funds under this subsection.
WV Code § 44-6-7 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 6. Investments by Fiduciaries|§44-6-7. Accounting Required of Fiduciaries as to Common Trust Funds

Unless ordered by a court of competent jurisdiction, the bank or trust company operating such common trust fund, as provided for in section six of this article, shall not be required to render an accounting with regard to such fund, before any commissioner of accounts, but it may, by application to the circuit court of the county in which is located the principal place of business of said bank or trust company, secure the approval of an accounting in such condition as the court may fix: Provided, however, That nothing herein shall be interpreted as relieving any fiduciary acquiring, holding or disposing of an interest in any common trust fund from making an accounting as required by law with respect of such interest.
WV Code § 44-6-8 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 6. Investments by Fiduciaries|§44-6-8. How §§44-6-6 to 44-6-8 Cited; Purpose; Provisions Severable

This act, being said sections six, seven and eight of this article, may be cited as the “Uniform Common Trust Fund Act”. It shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which have or may hereafter enact it, or similar legislation. It shall apply to fiduciary relationship, or status, now in existence or hereafter established. If any of its provisions or the application thereof to any person or circumstance be held invalid, such invalidity shall not affect the other provisions or applications which can be given effect without the invalid provision or application, and to this end its provisions are declared to be severable.