Do you have digital assets in your Texas estate?

The Texas Revised Uniform Fiduciary Access to Digital Assets Act was added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.Digital assets are electronic records in which someone has a personal interest or right. They include electronic communications and records such as emails, text messages, online photographs, documents stored in a cloud, electronic bank statements, and other electronic communications or records. The advent of certain technologies has created challenges, particularly to a person who is tasked with managing the digital assets of someone who has either lost capacity or died.The purpose of S.B. 1193 is twofold. First, it provides fiduciaries the legal authority to manage digital assets and electronic communications in the same manner that they manage tangible assets and accounts. S.B. 1193 specifies when a fiduciary may access the content of digital assets and electronic communications, and when only a catalog of the property…

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