As the Coronavirus continues to move around the country and around the world, governments are ordering people to “Shelter in Place” which means working from home, avoiding unnecessary travel, and not congregating in groups of people. However just because a person is homebound is no reason as to why they should not continue to plan ahead. Here are some helpful tips and information regarding estate planning during this time of pandemic.
Many attorneys hold what is called “signing ceremonies” upon the completion of an estate plan for an individual or couple. This ceremony will require the attendance of multiple people, including the Grantors (or the people for whom the estate plan is created), the Attorney, often times a Notary Public, and up to three Witnesses. All together that could be upwards of 7 people in one room, watching each other sign documents, passing paper, passing pens, and shaking hands while thanking and congratulating each other. On March 16, 2020 in the state of Illinois — that came to a screeching halt as Governor Pritzker put forth an Executive Order shutting down all dine-in service restaurants for on-premises dining, limited gatherings to fewer than 50 persons, and suspended portions of Illinois Open Meeting Act requiring that members of a public body be physically present at meetings.
Two days later, on March 20, 2020 Governor Pritzker issued another Executive Order. This Order stopped almost everything in the first sentence:
“With exceptions as outlined below, all individuals currently living within the State of Illinois are ordered to stay at home or at their place of residence except as allowed in this Executive Order.”
People were not about to start taking risks and gathering for signing ceremonies while the Covid-19 was running across America. Illinois had the second reported case of this virus in the country and people were witnessing what was happening in other countries, such as Italy and Spain as people became infected, sick and all too often died.
However, with a lot of input from Illinois estate planning attorneys, Governor Pritzker decided to alter other rules and requirements in order to help people continue to plan for the future. On March 26, 2020, Governor Pritzker signed another Executive Order, this time dealing with Witnesses and Notary Public. This Order allowed for numerous changes.
- Notary Public can now utilize two-way audio-visual communications to remotely notarize documents.
- The Notary must be physically in Illinois at the time
- All signatories must be physically in Illinois at the time of signing
- Witnesses can now witness documents utilizing two-way audio-visual communications
- Witnesses must be physical in Illinois at the time
- Witnesses have up to 24 hours to sign the document
- Witnesses may use the same date as the original signor
- Social Distancing practices can also be used by Notary Public as well as Witnesses
- Witnesses may be in the same location and witness from a distance, for example, witness the signing through a window.
- Notary Public may be in the same location and witness from a distance, for example, witness from a 6 feet or greater distance so long as the signature being applied can be seen.
This means that right now, in the state of Illinois, people can work with their estate planning attorney, from start to finish, all while sheltering in place and maintaining responsible social distancing.
The Law Office of Charles E. Hutchinson has the ability to remotely communicate with clients, create documents, and meet the appropriate Notary Public and Witness guidelines. It is simple and easy to do, because we do all of the work for you. For health safety reasons people are no long required to meet in the attorney’s office, handle multiple papers, shake hands, or be in close contact with others.
