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IC 32-39-2-9 — Disclosure of contents of electronic communications held in trust to trustee that is not an original user

Chapter 2. Fiduciary's Access to Digital Assets

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Section text

Sec. 9. Unless otherwise ordered by a court, directed by the user, or provided in the 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 user or a 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 of the content of the electronic communication in physical or electronic form; (2) a certified copy of the trust instrument or a certification of the trust under IC 30-4-4-5 that includes consent to disclosure to the trustee of the content of electronic communications carried, maintained, processed, received, or stored in the account of the trust; (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 identifier or account identifier assigned by the custodian to identify the trust's account; or (B) evidence linking the account to the trust.

As added by P.L.137-2016, SEC.14.

Source: official publisher (2026 edition)

Sections citing IC 32-39-2-9

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