Updating Your Estate Planning Documents During COVID-19

If you are considering whether you can update your New York estate planning documents during the COVID-19 pandemic, there are now options available for a short time in which make it possible to do so without leaving your home.

Pursuant to the current law put into effect by Governor Andrew Cuomo, estate planning documents such as Wills, Powers of Attorney, Healthcare Proxies, Trusts, and Affidavits are able to be witnessed and notarized remotely until May 7, 2020, provided certain conditions are met.

Regarding any estate planning documents that are required to be notarized, the conditions include, but are not limited to the individual being physically situated in New York State, being able to have a live video conference, presenting a valid photo ID to the Notary during the conference, and transmitting a legible copy of the document to the Notary the same day it was signed via fax or electronic means. If the estate planning documents are required to be executed in the presence of two (2) witnesses, the witnesses are subject to many of the same requirements including but not limited to having a live video conference and presenting valid photo identification during the conference.

This means that through May 7, 2020 individuals have the ability to update and execute their estate planning documents remotely from the safety and comfort of their own homes, while continuing to adhere to New York's social distancing laws currently in effect.

If you desire to update your estate planning documents during the COVID-19 pandemic, the attorneys at Underberg & Kessler LLP have instituted our business continuity plan to ensure that we are fully operational and that we are available to assist you in updating or creating estate planning documents, while ensuring all the conditions per Governor Cuomo’s Executive Order are met.

If you have any questions or would like to speak with an attorney in this regard, please contact us here or at 585-258-2800.

You can view more COVID-19-related posts in our COVID-19 Resource Area here.