[WSBAPT] Question about remote notary
G. Geoffrey Gibbs
ggibbs at andersonhunterlaw.com
Thu Apr 9 09:54:16 PDT 2020
Zoom has addressed the hacking issue. I use it for mediations and other meetings. Zoom has implemented a “waiting room” so that the host can determine if the person seeking to join is an invitee. Then the host can elect to let them in to the meeting or not. This is relatively new but seems appropriate. GGG
G. Geoffrey Gibbs | Anderson Hunter Law Firm
2707 Colby Avenue, Ste. 1001 Everett, WA 98201
PO Box 5397, Everett, WA 98206-5397
Phone: (425) 252-5161 | Fax: (425) 258-3345
Direct Phone Line: 425-303-3101
ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com>
www.andersonhunterlaw.com<http://www.andersonhunterlaw.com/>
[Description: Description: AH Color Large-no-tag]
This email message may contain confidential and privileged information. Any unauthorized use is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Thursday, April 9, 2020 9:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about remote notary
I wouldn’t use Zoom. They are being hacked, I heard, unless that issue has been fixed by now.
Candace Wilkerson
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Kira Rubel
Sent: Thursday, April 9, 2020 8:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about remote notary
If this helps - I sent in a license addendum for my notary on March 26 (the fee is $15) and indicated we would be using DocVerify. The DOL has now cashed my check, although I have yet to receive the updated license. To me, that means my notary should be able to notarize by DocVerify once my office receives the license.
Here's the link to the DOL license application:
https://www.dol.wa.gov/forms/659005.pdf<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dol.wa.gov%2Fforms%2F659005.pdf&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509754790&sdata=qA9sJQ6S%2BQC2HCy%2FqVkZaLTNTe6hB0nZT9XhD5cF9c4%3D&reserved=0>
Also, another practitioner previously posted his thoughts on how to get around our current issue of social distancing in signing Wills. Rajiv Nagaich recommended doing it on Zoom, (which is recorded), the client looks at a copy of the will and directs the attorney to sign on his behalf, which is then witnessed and notarized in the presence of the (attorney) signer. The problem with the RON act is that, under WA law, Wills still require line of sight for witnesses. I feel it may be a squishy argument to use Zoom witnesses, although if that's the best case (or only) option, then that's what you would have to do.
My two cents!
Kira M. Rubel
*Licensed in CA and WA
The Harbor Law Group (formerly, Law Office of Kira M. Rubel)
3615 Harborview Drive NW, Suite C (on the dock)
Gig Harbor, WA 98332-2129
Tel. (253) 251-2955 | (800) 836-6531
Fax. (206) 238-1694
Zoom ID. (253) 251-2977
www.theharborlawgroup.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.theharborlawgroup.com%2F&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509764747&sdata=2mrUXk2QwKaXozY9yDfJ2%2BcNjMm72DFm48Tj7N6Xu%2FM%3D&reserved=0>
The information transmitted (including any attachments) is intended only for the person to whom it is addressed and may contain confidential and/or privileged material that may be protected by law from disclosure. If you receive this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments from your computer. Any review, retransmission, dissemination, copying, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.
No Tax Advice: No matter what I say in this email, I am an attorney, not a tax advisor and cannot provide any tax advice to you! Please refer all tax matters to your own tax advisor to ensure you are receiving the most up-to-date and relevant tax advice.
On Mon, Apr 6, 2020 at 5:52 PM Christie Martin <christie at cascadialawyers.com<mailto:christie at cascadialawyers.com>> wrote:
And what about the witnesses….
Christie L. Martin | Martin & Richards, PLLC
Attorney at Law
B: 503-444-3449
C: 503-545-9199
F: 360-637-0300
From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Maureen Wickert <wickertlaw at comcast.net<mailto:wickertlaw at comcast.net>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Saturday, April 4, 2020 at 12:47 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about remote notary
https://www.americanbar.org/groups/business_law/publications/committee_newsletters/banking/2019/201907/fa_2/<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.americanbar.org%2Fgroups%2Fbusiness_law%2Fpublications%2Fcommittee_newsletters%2Fbanking%2F2019%2F201907%2Ffa_2%2F&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509764747&sdata=qvKmLsqEI2kyYDxpppNapbrzY5oXcV5KEqhEEwnVek4%3D&reserved=0>
The above website by ABA provides some insight into RONs.
There seem to be electronic endorsed notaries who notarize electronic documents online where everything is digital, including digital signatures.
A RON notary and the signer is in two physical places but connected through an audio/visual platform at the same time during the signing. My understanding with RON and looking at the revised RCW 42.45 and WAC 308-30 the notary must be commissioned with an electronic endorsement here in WA. My question is if a person signs in front of a RON notary, does the signer mails his or her signed originals to marry up with the RON’s certificate for a complete document? Or will the Ron expect to mail his or her certificate to the signer to marry up with the original signed document? Not sure what other procedures people have thought about.
I looked through some videos too about RONs. My worry that RON may create confusion with clients to make it practical. Especially those who are computer or internet challenged. Those who are internet savvy will not have a problem.
Very truly yours,
Maureen A. Wickert, Attorney at Law
[cid:image001.jpg at 01D60A7E.F42D39D0]
14900 Interurban Avenue South, Suite 255
Tukwila, WA 98168
Phone: 206-859-5502
Fax: 206-260-9005
www.wickertlawoffice.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wickertlawoffice.com%2F&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509774704&sdata=%2Bl%2BqJitFGN75rVLbb5qzw%2B0vaNEaejcf3Kz%2FiCHvqRg%3D&reserved=0>
wickertlaw at comcast.net<mailto:wickertlaw at comcast.net>
This electronic message contains information which may be confidential and/or legally privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify me by telephone or by email immediately.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Ronda Larson Kramer
Sent: April 4, 2020 11:52
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about remote notary
One thing I have recently realized (please correct me if I'm wrong) is that for RON to work, you need not have a Washington notary involved. It seems to me that all our clients need to do right now to execute a power of attorney or deed, etc., is to go online to one of these companies like NotaryCam or Safedocs (that the DOL listed) and have them notarize the document (for a fee of around $25). All their RON notaries for that self-serve option are commissioned in Virginia, which was the first state to authorize RON in 2012. Full faith and credit laws are already existing in most of the states regarding notaries and the federal government apparently is enacting one for RON in the next few days that is nationwide. At least this is what I heard from a webinar by NotaryCam today.
Ronda Larson Kramer
J.D., LL.M in Tax Laws, Owner
LARSON LAW, PLLC
Elder Law, Estate Planning
1700 Cooper Point Rd SW, Bldg A3
Olympia WA 98502
Ph: 360-259-3076
ronda at larsonlawpllc.com<mailto:ronda at larsonlawpllc.com>
www.larsonlawpllc.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.larsonlawpllc.com%2F&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509774704&sdata=hdAEovBMtWOctsmnke6u0wtYoSINla3MQhsJri%2F1C3M%3D&reserved=0>
NOTICES: This message, including attachments, is confidential and may contain information protected by the attorney-client privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message are prohibited. If you have received this email in error, please destroy it and notify me immediately. Any tax advice contained in this message is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing, or recommending to others any tax-related matter(s) addressed here.
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Ronda Larson Kramer <ronda at larsonlawpllc.com<mailto:ronda at larsonlawpllc.com>>
Sent: Friday, April 3, 2020 4:02 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about remote notary
Correct--the Department of Licensing has not even figured out which companies are approved as the platform for remote online notarization. DOL stated in an email to me yesterday:
Given the immediate effect of the remote notarization, the department has not had time to vet individual companies, however we are aware of the following companies offering remote notarization services.
• DocVerify
• Notarize
• NotaryCam
• Pavaso
• Safedocs
• SIGNiX
• Nexsys Clear Sign
Ronda Larson Kramer
J.D., LL.M in Tax Laws, Owner
LARSON LAW, PLLC
Elder Law, Estate Planning
1700 Cooper Point Rd SW, Bldg A3
Olympia WA 98502
Ph: 360-259-3076
ronda at larsonlawpllc.com<mailto:ronda at larsonlawpllc.com>
www.larsonlawpllc.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.larsonlawpllc.com%2F&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509784660&sdata=73FbR4CU85JCeINfusFtiDIxfb%2FzXblfasvVqplW6l4%3D&reserved=0>
NOTICES: This message, including attachments, is confidential and may contain information protected by the attorney-client privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message are prohibited. If you have received this email in error, please destroy it and notify me immediately. Any tax advice contained in this message is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing, or recommending to others any tax-related matter(s) addressed here.
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of nestor at pplsweb.com<mailto:nestor at pplsweb.com> <nestor at pplsweb.com<mailto:nestor at pplsweb.com>>
Sent: Friday, April 3, 2020 12:18 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about remote notary
Quite frankly, when he issued this executive order, I thought there is no way this can be implemented in such a short time for this brief window of use. Unless I am mistaken, did the Department of Licensing’s Notary Public unit approve companies and their platform? Are procedure in place and notaries approved and trained in these platforms?
To me this was a well-intentioned knee jerk reaction not carefully thought out.
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.
P Please consider the environment before printing this e-mail.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jamia Burns
Sent: Friday, April 3, 2020 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about remote notary
You also need a special license from the state specifically for electronic notarization, which requires special software.
Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jamiaburnslaw.com%2F&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509784660&sdata=ncAAJW%2B3EjjbEUl7quihEDL%2Bgm1qO%2BGprz2a7pTcivE%3D&reserved=0>
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)
On Fri, Apr 3, 2020, 11:52 AM Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>> wrote:
Governor issued order advancing to effective date to now. However if I recall correctly it was only through April 26th. Might be wrong on that.
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fghei36&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509784660&sdata=SUL4HwL5qXTUXgkGK7%2B6TrskhzgcSqnrDZUJJmOOOm8%3D&reserved=0>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of John Yip <johntyip at gmail.com<mailto:johntyip at gmail.com>>
Sent: Friday, April 3, 2020 11:26:39 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com> <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Question about remote notary
Are remote notarizations (e.g. via teleconferencing, etc.) allowed under Washington State law, and if so, can someone please provide me a cite or link to the authorization? I found RCW 42.45.280, which allows remote notarizations, but unfortunately, that statute does not take effect until October.
Thanks,
John
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbapt&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509794606&sdata=NKPw0T1OC2wcibSzwHqhKhHMaxrhyclW3BbZ%2FxZFaeQ%3D&reserved=0>
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbapt&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7Cd76391880c4043dbf7e108d7dca5b02c%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C1%7C637220476509794606&sdata=NKPw0T1OC2wcibSzwHqhKhHMaxrhyclW3BbZ%2FxZFaeQ%3D&reserved=0>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200409/984f321b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 320 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200409/984f321b/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 2754 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200409/984f321b/image005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2224 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200409/984f321b/image001.jpg>
More information about the WSBAPT
mailing list