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View Top 50 Searches. View Top 50 National. Section 1 of the Act clarifies section of title The clarification is deemed advisable in light of the U.
Delaware Code Annotated | LexisNexis Store
Rameker holding that a similar exemption in the federal bankruptcy laws did not apply to an inherited IRA. Section 2 of the Act i creates a procedure, similar to the procedure in place in several other states including Alaska, Arkansas, New Hampshire, North Dakota and Ohio, for validating a will, while the testator is still living, against challenges predicated upon undue influence, mistake, incapacity or other grounds; and ii creates a similar procedure for validating the exercise of a power of appointment by an instrument other than a will.
Section of title 12 provides a similar procedure for validating trusts including revocable trusts that often in effect serve as will substitutes. The public policy considerations implicated by such a statute are described in a recent article: Glen R. LD HP is to study the issues involved in digital assets. To see the full text of the proposal, click here. Maryland Proposed law: SB Estates and Trusts — Personal Representative — Administration of Internet-Based Accounts Description: Authorizing a personal representative to take control of, conduct, continue, or terminate an account of a decedent on a social networking Web site, micro-blogging or short message service website, or electronic mail service website.
Michigan Proposed law: HB Description: Probate; wills and estates; personal representative; give power to control the online mail, social media, and similar accounts of the deceased. Date introduced: September 20, Status: Unknown.
Delaware Code Annotated
Nebraska Proposed law: LB Description: This bill provides the personal representative of a deceased individual the power to take control of or terminate any accounts or message services that are considered digital assets. The power can be limited by will or court order.
- State Laws Governing Digital Death.
- I Left My Haunt in San Francisco (From the Files of the BSI Book 3).
- Advance Directive Form.
Date introduced: January 5, Status: Indefinitely postponed as of April 18, Date introduced: February 18, Status: Approved June 1, Effective October 1, Date introduced: January 3, Status: Tabled as of January 30, New Jersey Proposed law: A Description: Authorizes executor or administrator to take control of online accounts of deceased person.
Date introduced: March 12, Status: The proposal for digital accounts was removed from the final version of the law, which was signed by the Governor on June 12, Date introduced: January 21, Status: Failed April 9, Oklahoma Name of law: HB Description: An act relating to probate procedure; authorizing an executor or administrator to have control of certain social networking, micro-blogging or e-mail accounts of the deceased; providing for codification; and providing an effective date.
Allows provisions in a will or a formal order to control access.
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Status: Effective November 1, Requires custodian of digital accounts and digital assets to transfer, deliver or provide access to accounts or electronic copies of assets to personal representative, conservator or settlor upon written request. Pennsylvania Proposed law: HB Description: An act amending Title 20 Decedents, Estates and Fiduciaries of the Pennsylvania Consolidated Statutes, in administration and personal representatives, providing for power over decedent account on social networking website, micro-blogging or short message service website or e-mail service website. Date introduced: August 23, Status: Unknown.
Status: Effective May 1, Enables a fiduciary to gain access to the digital accounts and digital assets of the person or estate to whom he owes a fiduciary duty upon making a written request to the custodian of the digital accounts and digitals assets and submitting proof of the fiduciary relationship.
West's® Delaware Code Annotated
Date introduced: January 7, Status: Unknown. Digital estate planing and digital asset legislation is developing and changing very quickly.
Though we make every effort to keep this list as up-to-date as possible, there may be information that is not current. Alabama No legislation. Alaska No legislation. Arizona No legislation. Arkansas No legislation. California No legislation.
Colorado No legislation. No legislation.