Good news came this past Tuesday, April 14th – Governor Murphy signed Assembly Bill 3903 into law – as modified by the NJ Senate, it permits remote notarization by officials, including attorneys, of documents requiring notarization,
including Wills.
How does this change things?
It means that, so long as one has access to technology such as a computer, smart phone and printer:
1. Anyone who wanted to put an Estate Plan into place, or update what
you already had, but were concerned about going out to a place where their
documents could be notarized, can accomplish this without having to do so.
2. Anyone who was considering transferring real estate they own should
likewise be able to do so without having to leave the home.
These are uncertain and challenging times. There may be issues you find important to address to put your minds and hearts a little more at rest.
Here are some things to consider:
1. The best reason for an estate plan is the certainty of setting down
your own intent of how you want to provide for and protect your loved ones.
2. Existing Living Wills or Health Care Proxies may not be adequate to
address issues that could arise during this pandemic- does yours permit
intubation? Customarily clients do not want this but these days,
ventilators are saving lives. Customarily, I have clients provide their
Health Care Representatives’ mobile numbers-it may be wise these days to add
the ability to relay the patient’s wishes by Zoom, Skype or other electronic
means. DNR (“Do Not Resuscitate”) orders should be revisited.
3. Family businesses require succession plans – without them, ownership
would default to the person’s estate plan, if any, or intestate (dying
without a will) law. Issues could also arise with financing, or governance
of the family business.
At this time, I am most grateful for all of those who are helping us through this crisis: medical personnel, grocery store clerks, postal workers, delivery and food service personnel, pharmacy workers and first responders, to name a few.
Thank you for taking the time to read this message. Please take good care of yourself. If you have any questions, please do not hesitate to contact me.
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