(7) 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 all of the following:
(a) If the user is deceased, a certified copy of the death certificate of the user.
(b) Any of the following that grants the fiduciary authority over the user's account:
1. A certified copy of the letters of appointment of a personal representative.
2. A certified copy of the letters of special administration.
3. A certified copy of a summary proceeding order under s. 867.01 or 867.02.
3m. An original or copy of an affidavit under s. 867.03.
4. An original or copy of an application under s. 867.046.
5. An original or copy of a power of attorney and a certification by the agent that the power of attorney is in effect.
6. A certification of the trust under s. 701.1013.
(c) If requested by the custodian, any of the following:
1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
2. Evidence linking the account to the user.
3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subd. 1.
(8) (a) A fiduciary has no duty to review any digital property of a decedent, settlor, principal, or protected person or to secure or preserve any digital property that is not in the possession of the fiduciary, unless any of the following applies:
1. The fiduciary has knowledge, or has reason to believe, that the decedent's estate, settlor's trust, principal, or protected person has digital property of economic value.
2. The fiduciary receives a written request from a beneficiary who has an interest in the digital property of the decedent's estate, settlor's trust, principal, or protected person.
(b) A fiduciary's reasonable efforts to review, secure, or preserve digital property satisfy a duty to review, secure, or preserve digital property under par. (a).
(c) If a fiduciary reviews, secures, or preserves a portion of the digital property of a decedent, settlor, principal, or protected person and the fiduciary does not have a duty to do so, the reviewing, securing, or preserving of a portion of digital property does not give rise to a duty to review, secure, or preserve the remaining portion of the digital property of the decedent, settlor, principal, or protected person.
(d) Unless a fiduciary has a duty to review, secure, or preserve digital property under par. (a), a fiduciary is not liable for failing to review, secure, or preserve any digital property of a decedent, settlor, principal, or protected person.
711.13 Marital property classification of digital property. Chapter 766 governs the classification of digital property of a user who is married.
711.14 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
711.15 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act,
15 USC 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 USC 7003 (b).
711.16 Applicability
. (1) This chapter applies to all of the following:
(a) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this paragraph .... [LRB inserts date].
(b) A personal representative acting for a decedent who died before, on, or after the effective date of this paragraph .... [LRB inserts date].
(c) A guardianship or conservatorship proceeding, whether pending in a court or commenced before, on, or after the effective date of this paragraph .... [LRB inserts date].
(d) A trustee acting under a trust created before, on, or after the effective date of this paragraph .... [LRB inserts date].
(2) This chapter applies to a custodian only if the user resides in this state or resided in this state at the time of the user's death.
(3) This chapter does not apply to digital property of an employer used by an employee in the ordinary course of the employer's business.
300,13
Section
13. 766.01 (15) of the statutes is amended to read:
766.01 (15) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including digital property, as defined in s. 711.03 (10).
300,14
Section
14. 851.27 of the statutes is amended to read:
851.27 Property. "Property" means any interest, legal or equitable, in real or personal property, without distinction as to kind, including money, rights of a beneficiary under a contractual arrangement, choses in action, digital property, as defined in s. 711.03 (10), and anything else that may be the subject of ownership.
300,15
Section
15. 853.18 (1) (d) of the statutes is created to read:
853.18 (1) (d) Directions provided in an online tool, as defined in s. 711.03 (18).
300,16
Section
16. 853.32 (2) (title) of the statutes is amended to read:
853.32 (2) (title) Disposition of tangible personal property and digital property.
300,17
Section
17. 853.32 (2) (a) of the statutes is renumbered 853.32 (2) (a) 1.
300,18
Section
18. 853.32 (2) (a) 2. of the statutes is created to read:
853.32 (2) (a) 2. A reference in a will to another document that lists digital property, as defined in s. 711.03 (10), not otherwise specifically disposed of in the will disposes of that digital property if the other document describes the digital property and the distributees with reasonable certainty and is signed and dated by the decedent. The court may enforce a document that is not dated but that fulfills all of the other requirements under this paragraph.
300,19
Section
19. 943.70 (1) (h) of the statutes is amended to read:
943.70 (1) (h) "Property" means anything of value, including but not limited to financial instruments, information, electronically produced data, digital property, as defined in s. 711.03 (10), computer software, and computer programs.
