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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
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