[WSBAPT] Remote Notary?

Mon Nov 16 18:43:26 PST 2020

I have been under the (mistaken?) belief that for a PoA to be recorded for the purpose of an agent signing to transfer property, the PoA needed to be notarized.  I know witnessing is sufficient for effectiveness, but I thought notary required for recording when transferring property.   Ack!  Am I wrong???

I know Pierce County Auditor accepts Remote Notary signatures on documents requiring a notary.

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of "Jill H. Sasser" <Jill.Sasser at landerholm.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Monday, November 16, 2020 at 6:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Remote Notary?

Per the ACTEC website, you can use RON for notarization of EP docs, but not witnessing.  I would love to hear from RONs or firms with RONs about how this option is working.

WASHINGTON

  *   Does state require will to be witnessed? yes - 2
  *   Does state require will to be notarized? no
  *   Does state require trust to be notarized?notarization of trusts only required if transferring real property
  *   Will: Allow remote witnessing and/or notary? Yes (notarization); no (witnessing)
  *   Trust: Allow remote witnessing and/or notary? Yes (notarization); no (witnessing)
  *   status of remote notary/witness rules/regulations RON law passed in 2019 was to take effect in October, 2020. Governor issued executive order moving effective date immediately through state of emergency (originally end of April and recently amended to end of May)
  *   Supporting link Link<https://urldefense.proofpoint.com/v2/url?u=https-3A__lawfilesext.leg.wa.gov_biennium_2019-2D20_Htm_Bills_Session-2520Laws_Senate_5641.SL.htm&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=3n7pKeb_MW3BTyoYEbK667znCB_nKHbPZfmw79iu2E8&s=Lxu2Jh6aRA5YGGkv6rgiEyLc-hxpG56l23XUcxhHKK4&e=>
  *   Additional information from fellows and other information about remote notary laws and notary services authorized by state N/A

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Jill H. Sasser | Attorney at Law
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On Nov 16, 2020, at 6:10 PM, Lewis, Amy C. <ALewis at eisenhowerlaw.com> wrote:
We have one staff person in our office who is licensed as a remote online notary.  We have used this service successfully for deeds and other non-estate planning related documents.  My understanding is that it is not permitted for powers of attorney or other estate planning documents.  However, under the new power of attorney statute, RCW 11.125.050(1), you have the option of using two witnesses in place of a notary.

Amy Lewis, Attorney
Pronouns she/her/hers
<Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png>

1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
WE'RE MOVING! As of 1/1/21 we will be at: 909 A Street, Suite 600, Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.eisenhowerlaw.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=3n7pKeb_MW3BTyoYEbK667znCB_nKHbPZfmw79iu2E8&s=LyoHdDxI4lnKPN_rssF3CetTvjCUhYaeT0AuNYz5TZU&e=>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kerry Brink
Sent: Monday, November 16, 2020 5:50 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Cc: Diana McCormack <Dmccormack at vjglaw.com>
Subject: [WSBAPT] Remote Notary?

Greetings Everyone,

Being able to meet clients to notarize Powers of Attorney or deeds is now a significant challenge.  Are any of you remote notaries?   Or have you worked with a remote notary that you trust?

I am very interested in learning how to use this service!

Thank you for any information/experience you can share!

Best,

~Kerry Brink

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