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July 7th, 2020
New York Extends Remote Document Execution to August 5, 2020
By Executive Order 202.48 issued July 6, 2020, New York’s remote document execution procedures are extended through August 5, 2020. This came as the previous Executive Order was set to expire, and is welcome news for New Yorkers still dealing with the practical effects of the public health emergency. Governor Cuomo’s initial Executive Orders 202.7 (audio-video notarization) and 202.14 (audio-video witnessing of estate planning documents) have now been extended several times, and may be further extended beyond August 5, 2020.
As discussed in our previous alerts here and here, we have been supervising the execution of our clients’ Wills and related estate planning documents through the use of audio-video technology for the past few months, allowing for the completion of planning projects while maintaining appropriate social distancing.
Below is a brief update on the status of remote document execution procedures in New Jersey and Connecticut:
NEW JERSEY – 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.
CONNECTICUT – In Connecticut, Governor Lamont issued Executive Order 7ZZ on June 16, 2020, which extended the remote notarization and document execution procedures of Executive Order 7Q (March 30, 2020) for the “duration of the public health and civil preparedness emergency, including any period of renewal of such emergency.”
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
Increased Exemption for 2023 Creates Estate Planning Opportunities
The Federal estate, gift and generation-skipping transfer (“GST”) tax exemption amounts have increased in 2023 to $12.92 million per individual (up from $12.06 million in 2022). Read more.
February 6 2023
New York Extends Remote Notarization and Document Execution to January 29, 2021
By Executive Order 202.87 issued December 30, 2020, New York’s remote notarization and document execution procedures are extended through January 29, 2021. Read more.
January 12 2021
New York Implements Substantial Changes to Power of Attorney Law
On December 15, 2020, Governor Cuomo signed into law a long-awaited bill regarding New York’s Power of Attorney form, which will take effect in the summer of 2021. Read more.
January 6 2021