2017 New York Laws
EPT - Estates, Powers & Trusts
Article 13-A - Administration of Digital Assets Summary of Article
Part 4 - Fiduciary Duty and Authority, Compliance and Immunity
13-A-4.1 - Fiduciary Duty and Authority

13-A-4.1 Fiduciary duty and authority
(a)  The  legal  duties  imposed  on a fiduciary charged with managing
  tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary's or designated recipient's authority with respect  to
  a digital asset of a user:
(1)  except  as  otherwise provided in section 13-A-2.2, is subject to
  the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) in the case of a  fiduciary,  is  limited  by  the  scope  of  the
  fiduciary's duties; and
(4) may not be used to impersonate the user.
(c)  A fiduciary with authority over the property of a decedent, ward,
  principal, or settlor has the right to access any digital asset in which
  the decedent, ward, principal, or settlor had a right  or  interest  and
  that  is  not  held  by  a  custodian  or  subject to a terms-of-service
  agreement.
(d) A fiduciary acting within the scope of the fiduciary's  duties  is
  an  authorized user of the property of the decedent, ward, principal, or
  settlor   for   the   purpose   of   applicable    computer-fraud    and
  unauthorized-computer-access   laws,   including  this  state's  law  on
  unauthorized computer access.
(e) A fiduciary with authority over the tangible, personal property of
  a decedent, ward, principal, or settlor;
(1) has the right to access the property and any digital asset  stored
  in it; and
(2)  is  an  authorized  user  for  the  purpose of computer-fraud and
  unauthorized-computer-access  laws,  including  this  state's   law   on
  unauthorized computer access.
(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.
(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:
(1)  if  the  user is deceased, a copy of the death certificate of the
  user;
(2) a certified copy of the letter of  appointment  of  the  executor,
  administrator, or personal representative or a small-estate affidavit or
  court  order, power of attorney, or trust giving the fiduciary authority
  over the account; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account
  identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that the user had a specific  account  with
  the custodian, identifiable by the information specified in item (A).