[WSBAPT] Remote Notary?

Tue Nov 17 09:37:44 PST 2020

I had an estate planning client back in the spring who signed outside our office.  He and his wife used an electronic notary and had electronic witnesses for the codicil to their wills.  If the use of electronic witnesses wasn’t valid, I need to let him know.

Jill, do you know if the use of electronic witnesses is prohibited in WA?

Thanks,
Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jill H. Sasser
Sent: Tuesday, November 17, 2020 7:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Remote Notary?

My understanding of that statute was that it is about e-signatures (like DocuSign) which is not RON.

But I would love more clarity on this—has anyone thoroughly researched this in our group?  If not, maybe Amy and I need to take this on and do a presentation. :)
Sent from my iPhone

Jill H. Sasser | Attorney at Law
[cid:image001.jpg at 01D6BCC4.FA3C3530]

805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com>

Landerholm, P.S. is committed to following the recommendations and requirements regarding COVID-19 as outlined by various government agencies.
We are working and available to assist you by phone, video conferencing and through email. For the time being we’ve modified our daily operations but closed our office to the public.

On Nov 16, 2020, at 6:39 PM, Lewis, Amy C. <ALewis at eisenhowerlaw.com<mailto:ALewis at eisenhowerlaw.com>> wrote:

I think there may still be some ambiguity about when it can be used:

<image004.jpg>
If the document can’t be signed electronically, then a remote online notary won’t work.

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://url.emailprotection.link/?bZ9-3S39qktgrjzy0E0TCuerWMWqqQPGpRrtWiIl5VfFzrAENdNWP2cQ8V1cxK0CEaAq-9fwMCTvD72bLGfcgwg~~>
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 Jill H. Sasser
Sent: Monday, November 16, 2020 6:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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://url.emailprotection.link/?b1dj_0veCBpDZVafzQV1bG366i3gRdBFglyDfxIF5wOw5j8kGQYi8t1po7rPtL08DHAnO4g-2MVGmJlqv6IT_U9ZFUsx96rHq-GEBw3exloJyniBJEfDtW2L630kU8ZJ-Z__m-SMvqf3T8KuIfRFgTnh6UHI8_RxsFywY2OM3utc~>
·         Additional information from fellows and other information about remote notary laws and notary services authorized by state N/A

Sent from my iPhone

Jill H. Sasser | Attorney at Law
<image003.jpg>

805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<https://url.emailprotection.link/?bQyTrxtjisBGskXBW8fkNG1q3FNy9Vma5edmKWrD1_hQwMjOxhE1AGVxfvfhLJqFHIE03KMFvp0LJDo8e942G0Q~~>

Landerholm, P.S. is committed to following the recommendations and requirements regarding COVID-19 as outlined by various government agencies.
We are working and available to assist you by phone, video conferencing and through email. For the time being we’ve modified our daily operations but closed our office to the public.

On Nov 16, 2020, at 6:10 PM, Lewis, Amy C. <ALewis at eisenhowerlaw.com<mailto: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://url.emailprotection.link/?bZ9-3S39qktgrjzy0E0TCuerWMWqqQPGpRrtWiIl5VfFzrAENdNWP2cQ8V1cxK0CEaAq-9fwMCTvD72bLGfcgwg~~>
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 Kerry Brink
Sent: Monday, November 16, 2020 5:50 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Cc: Diana McCormack <Dmccormack at vjglaw.com<mailto: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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