Me. Stat. tit. 18-C § 10-108

Current through 131st (2023-2024) Legislature Chapter 684
Section 10-108 - Disclosure of other digital assets of deceased user

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: [2019, c. 417, Pt. A, §107(NEW).]

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

[2019, c. 417, Pt. A, §107(NEW).]

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

[2019, c. 417, Pt. A, §107(NEW).]

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

[2019, c. 417, Pt. A, §107(NEW).]

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; [2019, c. 417, Pt. A, §107(NEW).]
B. Evidence linking the account to the user; [2019, c. 417, Pt. A, §107(NEW).]
C. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or [2019, c. 417, Pt. A, §107(NEW).]
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. [2019, c. 417, Pt. A, §107(NEW).]

[2019, c. 417, Pt. A, §107(NEW).]

18-C M.R.S. § 10-108

Added by 2019, c. 417,§ A-107, eff. 6/20/2019.