COVID 19 Fully Remote Wills and Trusts
The COVID-19 outbreak has many people thinking about whether their affairs are in order. Even as we come into a new chapter with many people vaccinated and numbers going down, the last year and a half has been sobering. We have all come to think more concretely about mortality, and about the chances of getting sick and spending a week or more in the hospital without the ability to make informed decisions or manage our financial and legal affairs.
The good news is we have all learned new ways to do things during the pandemic. One of these is fully remote witnessing and notarization of documents. This was passed in an emergency bill in April, 2020, which will continue in effect until after the Governor declares the COVID-19 State of Emergency over.
At slnlaw, we have taken full advantage of this opportunity during 2020 and into 2021. We have finalized estate plans of all sizes for individuals and families without them ever having to leave their home. As we start to resume more traditional in-person meetings, and offer a signing experience at our offices, we will continue to make the virtual option available for convenience and safety for as long as the law allows us to do so.
The good news is we have all learned new ways to do things during the pandemic. One of these is fully remote witnessing and notarization of documents. This was passed in an emergency bill in April, 2020, which will continue in effect until after the Governor declares the COVID-19 State of Emergency over.
At slnlaw, we have taken full advantage of this opportunity during 2020 and into 2021. We have finalized estate plans of all sizes for individuals and families without them ever having to leave their home. As we start to resume more traditional in-person meetings, and offer a signing experience at our offices, we will continue to make the virtual option available for convenience and safety for as long as the law allows us to do so.
Remote Wills- How Does it Work?In Massachusetts, your will must be witnessed by two adults who are not beneficiaries in order to be valid. It does not have to be notarized, but having a notary attest to the witness signatures makes it a "self-proving will." This means your family will not have to get the testimony of the witnesses later on in order to probate your will.
After we work with you to identify and draft the documents you want, and get your final approval, we will arrange the signing. All of the preparation, including your review of documents and conversations with our attorneys and staff, can take place by phone or via video-conference. In ordinary times, you would then come into our office to sign the documents, and we would have staff members serve as the necessary witnesses and notary public. The revised procedure is simple from your perspective. We will send you hard copies of your final documents, then arrange a video conference with you, the attorney, and two witnesses. After we watch you sign and confirm your identity, you will return the documents to us in a prepaid overnight envelope we provide you, and we will get the witness and notary signatures. Once all of the signatures are complete, we will overnight you the signed originals and retain a copy for our files. All Parts of Your Comprehensive Estate Plan Can Be Done RemotelyThe first thing on your mind right now may be just a will. In the midst of a pandemic, many people's priority is making sure they have the basic instructions in place, including distribution of assets and guardianship for minor children.
The truth is, however, there is no reason you can't address your entire estate plan during this time. You may even have more time than you usually do to talk with your spouse about planning, locate information important to the planning process, and really invest some thought into your needs and goals. You should know that you can do all of this remotely. We can speak with you by phone or video conference to get a full picture about your family and your goals, and recommend the best set of documents to meet your needs. Any kind of trust can be drafted and signed using the same process as your will. The same is true for health care proxies, durable powers of attorney, and other estate planning documents. |
Need Remote Estate Planning Services?
Jenna Ordway
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Free Remote Power of Attorney: A Simple Way to Start
Like so many things about this pandemic, virtual signing of legal documents is a new experience in Massachusetts. You may be wondering how it will work, and whether we can truly provide the same service without any in-person meetings.
That is why we are offering a free, no-obligation "test drive" of the process. If you have a free consultation with us and want to try it out, we will prepare and finalize a durable power of attorney for you, free of charge. The durable power of attorney is a critical document in a health care crisis, as it authorizes someone you trust to make financial decisions for you if you get sick and are unable to do so. This is our gift to you, as well as your opportunity to see how the virtual signing works in real time.
It may be tempting to go online to put an interim plan in place. The reality is that very few online sources are a good substitute for an attorney with experience drafting Massachusetts estate plans. An estate planning attorney knows how to ask you the right questions to identify the right plan for you, answer your questions about how the various pieces work, and walk you through the process to make sure it is done right.
The good news is now that Governor Baker has signed the remote notary bill, you can have the best of both worlds. You can access qualified legal advice and full legal services without leaving your home.
That is why we are offering a free, no-obligation "test drive" of the process. If you have a free consultation with us and want to try it out, we will prepare and finalize a durable power of attorney for you, free of charge. The durable power of attorney is a critical document in a health care crisis, as it authorizes someone you trust to make financial decisions for you if you get sick and are unable to do so. This is our gift to you, as well as your opportunity to see how the virtual signing works in real time.
It may be tempting to go online to put an interim plan in place. The reality is that very few online sources are a good substitute for an attorney with experience drafting Massachusetts estate plans. An estate planning attorney knows how to ask you the right questions to identify the right plan for you, answer your questions about how the various pieces work, and walk you through the process to make sure it is done right.
The good news is now that Governor Baker has signed the remote notary bill, you can have the best of both worlds. You can access qualified legal advice and full legal services without leaving your home.
How Can We Help?
We are ready to help, and can put your plan in place through phone, video and electronic communication so that you can stay safe and at home. You can use the button below to schedule a call back from a member of our team, give us a call at 781-784-2322, or fill out our web form to let us know a little more about your situation.
