REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT IS A GOOD IDEA, BUT ITS REACH MAY BE LIMITED
When I last wrote about it nearly a year and a half ago, 19 states, including Arizona, had enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA for you acronym mavens). I pointed out at the time that California had not adopted the RUFADAA, and that unless California adopts the RUFADAA or something like it, its adoption in other states may not do much good. That’s because California is where many of the companies holding your digital assets (e.g. Google and Facebook) are located.
Another whole aspect of handling digital assets involves platforms like Github, that are designed for individuals and companies to develop and store code. Those are digital assets that have real value.
As of this writing, 37 states and the U.S. Virgin Islands have adopted the RUFADAA, but California still hasn’t adopted it. Perhaps California has similar legislation, but if not, I don’t know how Google and Facebook, not to mention Github, are going to react to fiduciaries’ attempts to retrieve digital assets in their control.
The fact that the RUFADAA has been adopted in Arizona but not in California is another reason to use (Arizona based) GoDaddy for email, domain registration, and web hosting.
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The contents of this blog, this web site, and any writings by me that are linked here, are all my personal commentary. None of it is intended to be legal advice for your situation.