The Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act establishes a comprehensive legal framework that allows fiduciaries to access the digital assets of individuals who are deceased or incapacitated. It defines essential terms such as "digital asset," "custodian," and "fiduciary," and delineates the rights and responsibilities of fiduciaries, including personal representatives, agents, and conservators. The Act empowers users to direct custodians regarding the disclosure or withholding of their digital assets through an online tool, which takes precedence over conflicting instructions in wills or other legal documents. It also outlines the procedures custodians must follow when disclosing digital assets, including the necessary documentation required from fiduciaries.
Furthermore, the bill introduces new provisions that grant fiduciaries the right to access tangible personal property and associated digital assets, while requiring custodians to disclose account information necessary for account termination. It mandates that fiduciaries provide a certified death certificate and proof of authority when requesting account termination, and custodians must comply with these requests within 60 days, with court intervention available if compliance is not met. The bill also ensures custodian compliance and immunity from liability when acting in good faith, emphasizes uniform application across states, and includes a severability clause to maintain enforceability of remaining provisions if any part is invalidated. The Act is set to take effect one year after its passage.