{"data":{"id":"us-mt/72-31-414","jurisdiction":"us-mt","citation":"72-31-414","heading":"Fiduciary duty and authority.","body":"(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:\n(a) the duty of care;\n(b) the duty of loyalty; and\n(c) the duty of confidentiality.\n(2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:\n(a) except as otherwise provided in 72-31-405, is subject to the applicable terms of service;\n(b) is subject to other applicable law, including copyright law;\n(c) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and\n(d) may not be used to impersonate the user.\n(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.\n(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.\n(5) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:\n(a) has the right to access the property and any digital asset stored in it; and\n(b) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including 45-6-311.\n(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.\n(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:\n(a) if the user is deceased, a certified copy of the death certificate of the user;\n(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\n(c) if requested by the custodian:\n(i) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\n(ii) evidence linking the account to the user; or\n(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).","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 31. MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES","Part 4. Revised Uniform Fiduciary Access to Digital Assets Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0040/section_0140/0720-0310-0040-0140.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:25Z","sha256":"266e0a5ecda75a7333df5ca4399212d11547339a757a80ebde41c364ab1ccbcb","source_id":"us-mt","stale":false,"prev":"us-mt/72-31-413","next":"us-mt/72-31-415"},"notice":"GroundRules: Original legal text. Not legal advice."}