The original instrument was prepared by Angela Lockett De Jean. The following
digest, which does not constitute a part of the legislative instrument, was prepared
by McHenry Lee.
DIGEST
Peacock (SB 461)
Present law provides that a succession representative is a fiduciary with respect to the succession,
and shall have the duty of collecting, preserving, and managing the property of the succession in
accordance with law. He shall act at all times as a prudent administrator, and shall be personally
responsible for all damages resulting from his failure so to act.
Present law provides that a nonresident succession representative may execute a power of
attorney appointing a resident of the state to represent him in all acts of his administration. A
resident succession representative who will be absent from the state temporarily similarly may
appoint an agent to act for him during his absence. In either case, the power of attorney
appointing the agent shall be filed in the record of the succession proceeding.
Proposed law provides that subject to any restrictions provided in a valid testament of a decedent
or a contrary order of a court of competent jurisdiction, a succession representative shall have the
power and authority to take control of, handle, conduct, continue, distribute, or terminate any
digital account of the decedent.
Proposed law provides that, except as provided in proposed law, any person that electronically
stores, maintains, manages, controls, operates or administers the digital accounts of a decedent
shall transfer, deliver, or provide a succession representative access or possession of any digital
account of a decedent within 30 days after receipt of letters testamentary, letters of
administration, or letters of independent administration evidencing the appointment of the
succession representative.
Proposed law provides that La. R.S. 6:325 or R.S. 6:767 will exclusively govern how federally
insured financial institutions provide Internet or other electronic access to an authorized
succession representative for the administration of a decedent's estate.
Proposed law provides that it supersedes any contrary provision in the terms and conditions of
any service agreement and a succession representative shall be considered an authorized user
with lawful consent of the decedent for purposes of accessing or possessing the decedent's digital
accounts.
Proposed law provides that for purposes of proposed law, the term "digital account" includes any
account of the decedent on any social networking Internet website, web log Internet website,
microblog service Internet website, short message service Internet website, electronic mail
service Internet website, financial account Internet website, or any similar electronic services or
records, together with any words, characters, codes, or contractual rights necessary to access such digital assets and any text, images, multimedia information, or other personal property stored by
or through such digital account.
Proposed law provides that the authority provided in proposed law shall be specifically subject to
copyright law and shall not increase the scope of the license granted in the terms of service of any
digital account. Proposed law further provides that the agent, representative or fiduciary shall be
personally responsible for any infringement of third party copyrights that occurs in the transfer or
distribution of any digital account or its contents.
Effective August 1, 2014.
(Amends C.C.P. Art. 3191)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed
bill
1. Provides that subject to any restrictions provided in a valid testament of a
decedent or a contrary order of a court of competent jurisdiction, a succession
representative shall have the power and authority to take control of, handle,
conduct, continue, distribute, or terminate any digital account of the decedent.
2. Provides that the authority provided in proposed law shall be specifically subject
to copyright law and shall not increase the scope of the license granted in the
terms of service of any digital account. Also provides that the agent,
representative or fiduciary shall be personally responsible for any infringement of
third party copyrights that occurs in the transfer or distribution of any digital
account or its contents.
Senate Floor Amendments to engrossed bill
1. Changes the information evidencing the appointment of the succession
representative relative to the transfer, delivery, or access to digital accounts of the
decedent.
2. Requires how federally insured financial institutions provide Internet or other
electronic access to a succession representative.
3. Makes technical changes.