[WSBAPT] Remote Notary?
Kerry Brink
Kbrink at vjglaw.com
Tue Nov 17 10:23:12 PST 2020
I called Pierce County auditor yesterday and based on the question I asked, they indicated they accept remote notaries for recording. I’ll call again to confirm. Maybe I didn’t pose the question clearly.
Remote Notary is an electronic signature of both signor and notary – no “wet” signatures involved I think – with an add-on of remote notary. Here’s a “how to:”
https://www.nationalnotary.org/knowledge-center/remote-online-notary/how-to-become-a-remote-online-notary/washington#:~:text=Yes%2C%20effective%20March%2027%2C%202020,to%20the%20COVID%2D19%20crisis.
https://app.leg.wa.gov/RCW/default.aspx?cite=42.45.280
Best regards,
Kerry
Kerry E. Brink • Attorney at Law
Estate Planning, Probate, Elder Law
Vandeberg Johnson & Gandara, LLP
1201 Pacific Avenue, Suite 1900
PO Box 1315
Tacoma, WA 98401-1315
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lewis, Amy C.
Sent: Tuesday, November 17, 2020 8:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Remote Notary?
But RON does also involve electronic signature, so I’m not sure how these provisions interact. I saw in the RPPT newsletter that Washington is considering the Uniform Electronic Wills Act.
Amy Lewis, Attorney
Pronouns she/her/hers
[http://www.eisenhowerlaw.com/sites/www.eisenhowerlaw.com/themes/eisenhower/20150213_logo.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=_rok0Whsnc3yveXcegI6pHEsHPyT4oGr6ARWEFpQQpQ&s=-TO7nyXKIF6vUac1eHHSldpMrdAj64VRPyNlBH92M8A&e=>
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: Tuesday, November 17, 2020 7:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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:image003.jpg at 01D6BCC2.16ABBF40]
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://urldefense.proofpoint.com/v2/url?u=http-3A__www.landerholm.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=_rok0Whsnc3yveXcegI6pHEsHPyT4oGr6ARWEFpQQpQ&s=6RGReZo8wiSdPtFlo6d_608g0W8uohKKwS5lwpRJAhg&e=>
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://urldefense.proofpoint.com/v2/url?u=http-3A__www.eisenhowerlaw.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=_rok0Whsnc3yveXcegI6pHEsHPyT4oGr6ARWEFpQQpQ&s=-TO7nyXKIF6vUac1eHHSldpMrdAj64VRPyNlBH92M8A&e=>
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://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=_rok0Whsnc3yveXcegI6pHEsHPyT4oGr6ARWEFpQQpQ&s=TB_SA02UO2mJhHOA8bz3Xvv3ptR8JHWb0D5fEsSq0WM&e=>
· 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://urldefense.proofpoint.com/v2/url?u=http-3A__www.landerholm.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=_rok0Whsnc3yveXcegI6pHEsHPyT4oGr6ARWEFpQQpQ&s=6RGReZo8wiSdPtFlo6d_608g0W8uohKKwS5lwpRJAhg&e=>
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://urldefense.proofpoint.com/v2/url?u=http-3A__www.eisenhowerlaw.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=_rok0Whsnc3yveXcegI6pHEsHPyT4oGr6ARWEFpQQpQ&s=-TO7nyXKIF6vUac1eHHSldpMrdAj64VRPyNlBH92M8A&e=>
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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