Title 3B, Title 3B: ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

3B:14-59. Deposit in names of two or more trustees; liability of payee, holder or bank When a deposit is made in a bank in the names of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or truste…

3B:14-6. Penalty for failure of removed or discharged fiduciary to account or deliver assets A fiduciary who fails to account as provided by N.J.S. 3B:14-7 or who fails to comply with the provisions of N.J.S. 3B:14-5, or any order entered thereunder, shall be liable to a fine not…

3B:14-60. Cases not provided for in article In any case not provided for in this article, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, commercial transactions and banking, shall continue to apply. L.1981, c.…

3B:14-61. Uniformity of interpretation The article shall be so interpreted and construed as to effectuate its general purpose to make uniform laws of those states which enact it. L.1981, c. 405, s. 3B:14-61, eff. May 1, 1982.

3B:14-61.1 Short title. 1. Short Title. This act shall be known and may be cited as the "Uniform Fiduciary Access to Digital Assets Act." L.2017, c.237, s.1.

3B:14-61.10 Disclosure of other digital assets of principal. 10. Disclosure of Other Digital Assets of Principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority o…

3B:14-61.11 Disclosure of digital assets held in trust when trustee is original user. 11. Disclosure of Digital Assets Held in Trust When Trustee is Original User. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an ori…

3B:14-61.12 Disclosure of contents of electronic communications held in trust when trustee not original user. 12. Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or prov…

3B:14-61.13 Disclosure of other digital assets held in trust when trustee not original user. 13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall…

3B:14-61.14 Disclosure of digital assets to guardian of incapacitated person. 14. Disclosure of Digital Assets to Guardian of Incapacitated Person. a. After an opportunity for a hearing under N.J.S.3B:12-1 et seq., the court may grant a guardian access to the digital assets of an…

3B:14-61.15 Fiduciary and designated recipient duty and authority. 15. Fiduciary and Designated Recipient Duty and Authority. a. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of c…

3B:14-61.16 Custodian compliance and immunity. 16. Custodian Compliance and Immunity. a. Not later than 60 days after receipt of the information required under sections 7 through 15 of this act, a custodian shall comply with a request under this act from a fiduciary or designated…

3B:14-61.17 Uniformity of application and construction. 17. Uniformity of Application and Construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact…

3B:14-61.18 Relation to electronic signatures in global and national commerce act. 18. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.7001 e…

3B:14-61.2 Definitions. 2. Definitions. As used in this act: "Account" means an arrangement under a terms-of-service in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. "Agent" means an att…

3B:14-61.3 User's residence in State, inapplicability of act to employers' digital assets. 3. User's Residence in State; Inapplicability of Act to Employers' Digital Assets. a. This act applies to a custodian if the user resides in this State or resided in this State at the time …

3B:14-61.4 User direction for disclosure of digital assets. 4. User Direction for Disclosure of Digital Assets. a. A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including th…

3B:14-61.5 Terms-of-service agreement. 5. Terms-of-Service Agreement. a. This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. b. This act does not give a fiduciary or designated recipi…

3B:14-61.6 Procedure for disclosing digital assets. 6. Procedure for Disclosing Digital Assets. a. When disclosing digital assets of a user under this act, the custodian shall either: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fid…

3B:14-61.7 Disclosure of content of electronic communications of deceased user. 7. Disclosure of Content of Electronic Communications of Deceased User. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodi…

3B:14-61.8 Disclosure of other digital assets of deceased user. 8. Disclosure of Other Digital Assets of Deceased User. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate …

3B:14-61.9 Disclosure of content of electronic communications of principal. 9. Disclosure of Content of Electronic Communications of Principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by …

3B:14-62. Abandonment of real property may be authorized A fiduciary of or any person interested in an estate or a trust may apply to the court for a judgment or order directing the fiduciary to abandon any improved or unimproved real property that is an asset of the estate or tr…

3B:14-63. Directions of court when abandonment ordered If the fiduciary is ordered to abandon real property: a. The court may direct the fiduciary to refrain from (1) Paying any arrearages of real property taxes and assessments and those thereafter assessed, (2) Paying water rent…

3B:14-64. Order approving abandonment of real property by fiduciary and authorizing conveyance of title Where it appears that a fiduciary in good faith and in the exercise of a reasonable discretion has abandoned real property by refraining from paying real property taxes, assess…

3B:14-65. Public liability after abandonment but before being divested of title Whenever a fiduciary, trust or estate abandons any real property pursuant to this article, the fiduciary, trust or estate shall remain liable for injury or damage to persons or property arising out of…

3B:14-7. Account of removed or discharged fiduciary A removed or discharged fiduciary shall, within 60 days after removal or discharge or within a shorter or longer period as the court may direct, state and settle his account before the Superior Court for all the assets of the es…

3B:14-8. "Engaged in war service" defined For the purposes of this article, a fiduciary or person named to act as fiduciary shall be deemed to be engaged in war service if in time of war: a. He is a member of the armed forces of the United States or of any of its allies or has be…

3B:14-9. Appointment of substitute for fiduciary engaged in war service If a person is named to act as a fiduciary in a will or in any instrument creating a trust, who has not accepted the appointment or has not qualified, or if a person acting as a fiduciary is engaged in war se…