News & Analysis as of

Estate Planning Notarization

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Ruder Ware

Nothing to Prove: Making the Case for Self-Proving Affidavits

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In the beginning of the COVID-19 pandemic, I wrote a blog post on how to create a valid will in Wisconsin.  At the time, we were all stuck at home by government order, and many clients signed their wills without a notary...more

Foster Swift Collins & Smith

Executing Estate Planning Documents Outside of Attorney's Office

Occasionally clients will request, for one reason or another, that I mail them the originals of the estate planning documents I prepared for them so that they can have them executed outside of my office at a bank or some...more

Proskauer Rose LLP

Wealth Management Update - May 2022

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The May Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 3.0%, a sharp increase from the April rate of 2.2%. The May applicable federal rate (“AFR”) for use with a sale to a...more

Dentons

Will Signing During COVID

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COVID has caused a lot of changes in our everyday lives and is changing the way many of us do business. While many things can be done remotely by telephone or over video-chat, certain tasks are best accomplished in person....more

Robins Kaplan LLP

The Robins Kaplan Spotlight - VOL. 5, NO. 2 Summer 2020

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The Spotlight is the result of ongoing collaboration between our national trial practice and estate planning groups, with the goal of providing a forum to discuss the latest news and other issues impacting the trusts and...more

Smith Debnam Narron Drake Saintsing & Myers,...

Signing Requirements of Health Care Powers of Attorney and Advance Directives Under NC S704

On May 4, 2020, the North Carolina General Assembly and Governor Roy Cooper signed into law Senate Bill 704 (NC S704). Two essential estate planning documents were part of NC S704 – health care powers of attorney and advance...more

Obermayer Rebmann Maxwell & Hippel LLP

Remote Notarization for Certain Estate Planning Documents During Coronavirus Emergency

During the healthcare crisis caused by COVID-19, Pennsylvania and New Jersey have temporarily suspended their requirement that notaries be physically present at the execution of certain estate planning documents. For many...more

Pierce Atwood LLP

COVID-19: Massachusetts Allows Remote Notarization

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On April 27, 2020, Massachusetts Governor Charlie Baker signed into law an emergency measure to authorize Massachusetts notaries public to use real-time electronic video conferencing to perform “an acknowledgement,...more

Miller Canfield

Estate Planning During the COVID-19 Pandemic

Miller Canfield on

Governor Whitmer signed Michigan Executive Order No 2020-41 on April 8, 2020, allowing the use of virtual platforms to "enable and encourage the use of electronic signatures, remote notarizations, remote witness attestations...more

Williams Mullen

Signing Estate Planning Documents during the COVID-19 Pandemic

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One of the most common questions being asked of estate planning attorneys lately is: “Is it possible to sign my will during the COVID-19 quarantine?” The same question can be asked with respect to other common estate planning...more

McGuireWoods LLP

Proving a Real Signature in a Surreal World: Notarization Concerns in a Pandemic (Part 2)

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On April 6, 2020, McGuireWoods issued an alert analyzing issues facing attorneys, clients and notaries in the execution of documents during a global pandemic. The alert also provided a summary of state legislation and...more

Amundsen Davis LLC

6 Estate Planning Steps To Take In Your Free Time

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If you’re like me, sheltering in place amid COVID-19 has given you more time to think and more time to address the things you’ve been meaning to do for some time. With so much uncertainty and so much out of our control,...more

Pierce Atwood LLP

COVID-19: Maine Modifies Notarization and Acknowledgement Requirements

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On Wednesday, April 8, 2020, Governor Janet Mills issued an Executive Order suspending the requirement that a person whose oath is being taken be physically present at the same location as the notary public and any witnesses,...more

Winstead PC

Notary Services In A World of Social Distancing: Online Notarization

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Fiduciary relationships often require a party to notarize a document. For example, a party may need to or want to use notary services for each of the following: a person may execute new trust or estate documents, a...more

Troutman Pepper

PA Order Permitting Remote Online Notarization of Estate Planning Documents Creates Confusion

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The stay-at-home order in Pennsylvania due to COVID-19 has created logistical challenges for estate practitioners whose clients are trying to execute estate planning documents. ...more

Ruder Ware

How Do You Create a Valid Will in Wisconsin?

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In our blog post on estate planning in the midst of the global COVID-19 pandemic, Melissa Kampmann and I noted that it isn’t possible to create a valid will in Wisconsin without two witnesses, and it isn’t the best practice...more

King & Spalding

COVID-19 Update: Electronic Signatures in the Middle East

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Working remotely and travel restrictions as a result of the Covid-19 outbreak present new challenges to traditional ways of conducting business, particularly when it comes to execution of documents and concluding contracts...more

Seyfarth Shaw LLP

Key Considerations Regarding Electronic Signatures, Remote Online Notarizations and Electronic Recording in Commercial Real Estate...

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States across the country have taken measures to prevent the spread of COVID-19, including implementing closures of non-essential businesses. The increase of individuals working from home has prompted the commercial real...more

BakerHostetler

The COVID-19 Pandemic Raises the Importance of Understanding Whether and When Documents May be Signed Electronically and Witnessed...

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As millions of people are under mandatory or voluntary restrictions limiting their in-person interactions with others in order to reduce the spread of COVID-19 and are dependent more than ever on remote technology and virtual...more

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