Public-domain · open source
OpenJurist

Me. Rev. Stat. tit. 18-C, § 10-108

Disclosure of other digital assets of deceased user

PL 2019, c. 417, Pt

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the representative gives the custodian:

1. Written request. A written request for disclosure in physical or electronic form;

2. Death certificate. A copy of the death certificate of the user;

3. Letters of appointment or court order. A copy of the letters of appointment of the personal representative or court order; and

4. Information requested by custodian. If requested by the custodian:

A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

B. Evidence linking the account to the user;

C. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

D. A finding by the court that:

(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph A; or

(2) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Official source: Maine Legislature. Reproduced from public-domain Maine statutes; confirm against the official source for the current text. Not legal advice.