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May 11th, 2020
Remote Document Execution: Current Rules in New York, New Jersey and Connecticut
For the past month, we have been supervising the execution of our clients’ Wills and related estate planning documents through the use of audio-video technology, allowing for the completion of planning projects while maintaining appropriate social distancing. We conduct these signing conferences through the use of various technological platforms, depending on clients’ preferences or limitations – and all coordinated with clients beforehand. Below is a brief update on the status of remote document execution procedures in New York, New Jersey and Connecticut.
Further to our previous alert regarding audio-video execution of estate planning documents in New York, on May 7, 2020, Governor Cuomo issued Executive Order 202.28, which extends the effective period for Executive Orders 202.7 (audio-video notarization) and 202.14 (audio-video witnessing of estate planning documents) until June 6, 2020 (which may be further extended by future Executive Order).
On April 14, 2020, Governor Murphy of New Jersey signed a bill (A-3903) allowing for remote notarization of documents for the duration of New Jersey’s declared state of emergency resulting from COVID-19. It should be noted, however, that this law does not address the remote execution of documents requiring witnesses, as is the case with most estate planning documents, including Wills and Trust Agreements.
In Connecticut, Governor Lamont issued Executive Order 7Q on March 30, 2020, which authorizes the use of audio-video technology for the execution of estate planning documents (provided that certain conditions are met) through June 23, 2020.
If you have questions about the current state of remote document execution, or about other estate planning issues, please contact Barbara Shiers, Linda Wank, Adam Osterweil or any other member of the Frankfurt Kurnit Estate Planning & Administration Group.
Other Estate Planning Law Alerts
Estate Planning Opportunities During the Pandemic
The pandemic’s effect on the economy has led to reduced valuations for many privately-owned and publicly-traded businesses, as well as reduced valuations for real estate and other assets. At the same time, interest rates remain at historically low levels. This unique economic environment can create estate planning opportunities for certain individuals and families. Read more.
May 4 2020
Executive Order 202.14 Allows Audio-Video Witnessing for Execution of Wills, Trusts, Powers of Attorney, Health Care Proxies, and Appointments of Agent for Disposition of Remains
On April 7, 2020, Governor Cuomo issued Executive Order No. 202.14, which allows for audio-video witnessing of Wills, Trusts, Powers of Attorney, Health Care Proxies and Appointments of Agent for Disposition of Remains. Read more.
April 8 2020
SECURE Act Signals Significant Changes for Estate and Retirement Planning
The SECURE Act (which stands for “Setting Every Community Up for Retirement Enhancement”) was enacted at the end of last year and makes several significant changes to the laws governing retirement accounts. The changes will have consequences for both retirement and estate planning. Read more.
February 26 2020