List the digital-asset facts in the estate file
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each account the file names, any designated recipient the file names, and any terms-of-service direction the file already contains, with the page. Write no request to a custodian and decide no right of access.
- What the lawyer must review
- You decide what the personal representative may ask for. Section 871(h) defines a digital asset as an electronic record in which an individual has a right or interest, and it excludes an underlying asset or liability unless that asset or liability is itself an electronic record. Section 871(g) defines a designated recipient as a person the user chose with an online tool. Section 880(a) applies the duties of care, loyalty, and confidentiality to management of digital assets. Section 880(b)(1) makes the fiduciary's authority subject to the terms-of-service agreement except as § 873 provides, and § 880(b)(4) says the authority may not be used to impersonate the user. Section 880(c)(1) gives access to a digital asset not held by a custodian or subject to a terms-of-service agreement, and § 880(c)(2) does not require a custodian to share passwords. Open § 873 and the disclosure sections before you demand the content of a communication.
- Written for / version
- United States versionUSCth
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.