Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

1. (1) A written request for disclosure in physical or electronic form;
2. (2) A certified copy of the trust instrument or a certification of the trust under KRS 386B.10-120;
3. (3) A certification by the trustee, under penalty of perjury, that the trust exists and the

4. (4) trustee is a currently acting trustee of the trust; and If requested by the custodian:

   1. (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
   2. (b) Evidence linking the account to the trust.

Effective: July 15, 2020

History: Created 2020 Ky. Acts ch. 63, sec. 12, effective July 15, 2020.