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Bill

H 4639

An Act for uniform fiduciary access to digital assets

194th Legislature (2025-2026) Introduced by Jay Livingstone and 1 co-sponsor

Massachusetts bill standardizes fiduciary access to digital assets, enabling executors and guardians to manage accounts and inheritance after death or incapacity.

Read second and ordered to a third reading
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Bill Summary · H 4639

Legislative bill overview

H 4639 establishes a uniform legal framework allowing fiduciaries (executors, trustees, guardians, power-of-attorney holders) to access and manage digital assets of the people they represent. The bill likely adopts or adapts the Uniform Fiduciary Access to Digital Assets Act, a model law developed by the Uniform Law Commission to standardize how states handle this increasingly common issue.

Why is this important

Digital assets—email accounts, social media profiles, cryptocurrency, cloud storage, online banking—now represent significant portions of many people's estates and financial lives, yet most states lack clear legal mechanisms for fiduciaries to access them after death or incapacity. Without such laws, families often face locked accounts, inability to pay bills, lost inheritance, and prolonged probate disputes. Massachusetts adopting uniform standards would protect families and reduce costly litigation.

Potential points of contention

  • Privacy vs. access: Tech companies and privacy advocates may resist requirements to grant fiduciaries broad account access, citing user privacy and terms-of-service agreements
  • Definition disputes: Unclear boundaries around what counts as "digital assets" (social media legacy accounts? cryptocurrency wallets? work email?) could create implementation challenges
  • Fiduciary liability: Questions about who bears responsibility if digital assets are compromised, deleted, or mismanaged during the access/transfer process

Compiled from official sources — confirm details with the bill’s official record.

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