New York estate planning attorney Robert Friedman discusses remote signing, notarization and witnessing of estate planning documents.
Good Morning. I am Bob Friedman, Attorney with Friedman & Ranzenhofer, and PC.Welcome to the October 9th, 2020 edition of the Legal Survival Channel: Today’s Legal News You Can Use.
Gov. Andrew Cuomo’s Executive Order of October 5, 2020 extended until November 4, 2020, the executive order of April 7, 2020 that permitted remote signing, notarization and witnessing. of documents such as :
- powers of attorney,
- living wills,
- burial designation forms, and
- healthcare proxies
For the purposes of Estates Powers and Trusts Law (EPTL) 3-2.1(a)(2), EPTL 3-2.1(a)(4), Public Health Law 2981(2)(a), Public Health Law 4201(3), Article 9 of the Real Property Law, General Obligations Law 5-1514(9)(b), and EPTL 7-1.17, the act of witnessing that is required under these New York State laws is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
1. The person requesting that his or her signature be witnessed, if not personally known to the witness, must present valid photo ID to the witness during the video conference, not merely transmit it prior to or after;
2. The video conference must allow for direct interaction between the person and the witness, and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
3. The witnesses must receive a legible copy of the signature pages, which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
4. The witness may sign the transmitted copy of the signature pages and transmit the same back to the person; and
5. The witness may repeat the witnessing of the original signature pages as of the date of execution provided the witness receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.
For your safety, Friedman & Ranzenhofer PC has been offering remote or drive-up no-contact document signing during the COVID-19 crisis. These are the easy steps to have your Will, power of attorney and health care proxy/living will prepared:
- Complete the Will Information Sheet (“WIS”) or call 716.541.3405 and request that the WIS be mailed to you.
- Return the WIS to us either electronically via online form, by scanned email, fax 716-542-4090 or by mail to POB 31, Akron, NY 14001.
- When we receive your WIS, we will call you or email you to schedule an initial telephone conference.
- During the telephone conference, we will advise you when the documents will be mailed to you and the total fees which can be paid by check or any credit card at WNY-Lawyers.com.
For further information and updates, see our Covid-19 Estate Planning web page.Subscribe To Our YouTube Channel