N.Y. Estates, Powers & Trusts Law Section 13-A-2.3
Terms-of-service agreement

§ 13-A-2.3 Terms-of-service agreement (a) This article 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 article does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

(c)

A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 13-A-2.2.

Source: Section 13-A-2.3 — Terms-of-service agreement, https://www.­nysenate.­gov/legislation/laws/EPT/13-A-2.­3 (updated Oct. 7, 2016; accessed Feb. 28, 2026).

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Verified:
Feb. 28, 2026

Last modified:
Oct. 7, 2016

§ 13-A-2.3. Terms-of-service agreement's source at nysenate​.gov

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