{"data":{"id":"us-ne/neb.-rev.-stat.-30-515","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 30-515","heading":"Neb. Rev. Stat. § 30-515","body":"(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:\n\n(1) the duty of care;\n\n(2) the duty of loyalty; and\n\n(3) the duty of confidentiality.\n\n(b) A fiduciary’s or designated recipient's authority with respect to a digital asset of a user:\n\n(1) except as otherwise provided in section 30-504 , is subject to the applicable terms-of-service agreement;\n\n(2) is subject to other applicable law, including copyright law;\n\n(3) in the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and\n\n(4) may not be used to impersonate the user.\n\n(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.\n\n(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 Computer Crimes Act and section 86-2,104 .\n\n(e) A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor:\n\n(1) has the right to access the property and any digital asset stored in it; and\n\n(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including the Computer Crimes Act and section 86-2,104 .\n\n(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.\n\n(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:\n\n(1) if the user is deceased, a certified copy of the death certificate of the user;\n\n(2) a certified copy of the letter of appointment of the representative or a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and\n\n(3) if requested by the custodian:\n\n(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;\n\n(B) evidence linking the account to the user; or\n\n(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (3)(A) of this subsection.","path":["NE Code","Chapter 30"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-515","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:21Z","sha256":"878facf8194ce1bf5670bba3dacac9817cc12843eca708440856492df75fd604","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-30-514","next":"us-ne/neb.-rev.-stat.-30-516"},"notice":"GroundRules: Original legal text. Not legal advice."}