Remote Witnessing Now Permitted in New York

The COVID-19 pandemic has forced individuals to face their mortality. While one's physical health and safety are of paramount importance, getting an estate plan in place to protect and provide for loved ones has become a top priority. As Trusts and Estates attorneys, it is our privilege to help clients effectively and efficiently create a plan that will provide them with some comfort in this time of fear and uncertainty.

To address our clients' needs in this time of social distancing, we are available to meet via audio or video conference and provide draft documents for review through our secure online portal. We can also assist with document signings through remote online notarization and, as of this afternoon, remote witnessing in New York, to get a plan in place as soon as possible. Specifically, Governor Cuomo signed Executive Order 202.14, which will enable our New York clients to sign certain critical estate planning documents via remote witnessing using audio-video technology, during this time of social distancing. ​​​

Specifically, effective through May 7, 2020, the act of personal witnessing required for (a) wills, (b) health care proxies, (c) disposition of remains, (d) recording instruments effecting real property, (e) statutory gifts rider to a statutory short form power of attorney, and (f) execution, amendment and revocation of trusts is authorized to be performed utilizing audio-video technology provided that the following conditions are met:

• The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) during the video conference, not merely transmit it prior to or after;

• The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);

• The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;

• The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and

• The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.

​We understand that these are challenging and uncertain times. We appreciate that estate planning often involves difficult decisions. We are available to counsel and assist you in getting these critical documents in place, so that you, your loved ones and your assets are all well-protected, and to give you some peace of mind.

Please email us at info@laramsass.com for more information.