There is a newer version
of
the New York Laws
2019 New York Laws
EPT - Estates, Powers and Trusts
Article 13-A - Administration of Digital Assets Summary of Article
Part 3 - Disclosure of Digital Assets to Fiduciary
13-A-3.6 - Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User
Universal Citation: NY Est Pow & Trusts L § 13-A-3.6 (2019)
§ 13-A-3.6 Disclosure of contents of electronic communications held in
trust when trustee not original user
Unless otherwise ordered by the court, directed by the user, or
provided in a trust, a custodian shall disclose to a trustee that is not
an original user of an account the content of an electronic
communication sent or received by an original or successor user and
carried, maintained, processed, received, or stored by the custodian in
the account of the trust if the trustee gives the custodian: (a) a written request for disclosure in physical or electronic form;
(b) a copy of the trust instrument that includes consent to disclosure
of the content of electronic communications to the trustee;
(c) a certification by the trustee, under penalty of perjury, that the
trust exists and the trustee is a currently acting trustee of the trust;
and
(d) if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account
identifier assigned by the custodian to identify the trust's account; or
(2) evidence linking the account to the trust.
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