Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary's access
Ind. Code § 32-39-2-2
in effectSec. 2. (a) This article does not change or impair a right of:
(1) a custodian; or
(2) a user;
under a terms-of-service agreement to access and use digital assets of the user.
(b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by the user:
(1) for whom the fiduciary or designated recipient acts;
(2) who is represented by the fiduciary or designated recipient; or
(3) whose estate the fiduciary represents or acts for.
(c) A fiduciary's access to a user's digital assets may be modified or eliminated:
(1) by the user;
(2) by federal law; or
(3) by a terms-of-service agreement;
if the user has not given a direction under section 1(a) of this chapter or allowed or prohibited disclosure through a will, trust, power of attorney, or other record under section 1(b) of this chapter.
As added by P.L.137-2016, SEC.14.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/32Fetched: 10/17/2026