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ELDER LAW • ESTATE PLANNING • WILLS & TRUSTS • GUARDIANSHIP & PROBATE LITIGATION
Ben Neiburger
Founder, Generation Law
Remember how we said in our newsletter last week that estate plans still needed to be signed and notarized in person? Things are changing fast around here.
We’re writing today to share important updates that could affect your estate planning in light of the COVID-19 outbreak. On March 26, Governor J.B. Pritzker signed an executive order allowing remote notary and witnessing for estate planning documents during this crisis (once the crisis is over, things go back to “normal”). The Secretary of State has also weighed in to provide guidance on remote notary services during this time. The goal is to protect the health of older people, who are especially at risk for COVID-19.
 
Here are the key updates to know:

  • The new order grants the ability to complete remote notarization via video calls, so people can keep a safe distance during this time. 
  • The order presents a list of requirements to help facilitate remote notarization, including the requirement a signatory be within the state of Illinois at the time of the video call.
  • Unless a legal document specifically prohibits it, you can sign off on a legal document that requires witnesses, remotely— as long as you fax or email a copy in time.
 
These new rules apply to powers of attorneys, wills and trusts. You can read the full executive order here and the Secretary of State’s guidance here .
 
If you need to get your planning done, now is the time. There’s no great way to say this, so we’re just going to come right out with it: estate planning is even more important in light of the COVID-19 outbreak. That’s especially true for older relatives, who are particularly vulnerable to the virus.
 
If you have questions about the new laws or need help with your planning, we’re up and running virtually and ready to help. Reach out at 630-782-1766 or visit our website anytime.
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