Bill > S1048

This bill establishes the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act, which provides a comprehensive legal framework for how fiduciaries (such as executors, trustees, agents with power of attorney, and conservators) can access a person's digital assets after their death or in cases of incapacitation. The legislation defines digital assets broadly as electronic records in which an individual has a right or interest, and creates a structured process for accessing these assets, including email accounts, social media profiles, and other online accounts. The bill allows users to specify their preferences for digital asset access through online tools or in legal documents like wills or powers of attorney, giving priority to the most recent directive. Fiduciaries are granted access to digital assets with specific limitations, ensuring they cannot impersonate the user and must act within the scope of their legal duties. The law also provides protections for custodians (like email providers) by offering them immunity from liability when complying with disclosure requests in good faith and giving them the right to request court verification. Importantly, the act does not override existing terms of service agreements and aims to balance the privacy rights of users with the practical needs of estate management in the digital age.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1048