Is remote notarization right for you?

On April 26th, Governor Baker signed the remote notarization bill, temporarily allowing notaries public to perform their jobs though video conferencing until three days after the COVID-19 state emergency is lifted throughout The Commonwealth of Massachusetts. The new law enables notaries public to serve as witnesses in a virtual setting for documents pertaining to legal matters, including estate planning.

With the new law, estate planning attorneys are now faced with new questions and new procedures such as asking for permission to record, having all parties affirm under the penalty of perjury where they are located within the Commonwealth, and ensuring everyone that is physically in the room show their face and state their relationship to the person whose signature is being notarized.

The following are five thoughts to consider if you are planning on taking advantage of virtual notarization.

· Is there a risk?: If your estate is likely to be challenged by a disgruntled beneficiary or child that may be receiving less than anticipated, you should consider a more traditional, in-person meeting with your attorney/notary to be sure that there are no forces of outside influence impacting your estate plan signing. In some circumstances, an attorney might ask to film you or provide additional details regarding the intent of your estate plan to help protect your estate from a challenge in the future.

· What video conference apps should I be using?: With lots of options for video collaboration tools, notaries public should be sure they are using a platform that has the latest security protocols in place and not free applications.

· No more commuter congestion: It is no secret that traditional Massachusetts’ traffic can be like a parking lot. Due to traffic, most notaries public are only able to see clients inside of the 10:00 am – 2:00 pm window. Virtual conferencing applications allow attorneys to service their clients at their convenience. Seize the opportunity!

· Attorney judgement: Attorneys exercise their value in judgement when it comes to estate planning. Video conferencing does not change that!

· Research your attorney: Estate Planning Attorneys have researched and digested the law thoroughly and come with multiple years’ experience servicing estate plans. Ensure that your attorney has been practicing estate planning law before virtual notarization became a signed bill. The experience will matter in the long run.

Virtual notarizing has been done in many states throughout the US prior to COVID-19 and anytime you can make the client experience more convenient and easier it is a win for both the attorney and client. It is no longer necessary for attorneys to travel to hospitals or long-term care facilities, which is normally an extra expense for clients. While the remote notarization bill is set to expire three days after the end of the COVID-19 shut down. We hope that in the future it can become a law that has permanent status.

Denise J. McCarthy is a Partner at Cody, Cody & McCarthy, LLC where she represents individuals families and business owners, advising them on all aspects of estate planning, elder law, and estate, probate and trust administration. Her practice focuses on sophisticated estate planning and complex estate and probate settlements, including controversies relating to estate settlement. She helps clients navigate complex trust and tax issues while ensuring that their personal goals for their family, business and assets are met.