In the wake of the Covid-19 pandemic, many of the activities and work that was once done in-person immediately turned virtual. Many people are still working remotely, having virtual birthday parties and weddings, participating in zoom exercise classes, or even renting an apartment having only done a virtual tour. It should come as no surprise then that in Illinois, estate planning can now be done virtually as well.
Though it may feel unconventional, remote notarization, signing and witnessing estate planning documents is legal in Illinois pursuant to Governor Pritzker’s 2020 Emergency Orders. However, to perform remote signings, there are specific requirements that need to be met. It is particularly important during this time period to hire an estate planning attorney who knows the current laws and what new steps they can take to keep you safe, by signing your documents virtually.
Some estate planning documents require a notary, such as a Power of Attorney for Property. To have a document notarized, under 5 ILCS 175/95-20, the requirement that the signor must “appear before” a Notary Public can now be accomplished virtually. Under the Emergency Orders, remote notarization can be done via two-way audio-video communication technology, like Zoom for example. The Illinois law requires that the Notary Public must see every page of the document being signed and examine the signature. Finally, the audio-video communication must be recorded and retained by the Notary Public for a period of not less than three years.
It is also possible to witness the signing of estate planning documents. Under the Illinois Law, deeds, last wills and testaments, trusts, durable powers of attorney for property and powers of attorney for healthcare can be signed in counterparts by the witness(es) and the signor, meaning the witness(es) and the signor can each sign his or her own copy of the document. This adds a step as well for the Notary Public as the Notary must be sent a fax or electronic copy of the signature pages of the document showing the witnesses signatures on the same date the document is signed by the signor.
Please note that the Emergency Orders allowing for remote signings are not permanent and may be lifted as the pandemic eases and more people begin to go back into the office. Before attempting to sign your estate planning documents virtually, it is important to contact an attorney who is well-versed in the current laws.
The attorneys at The Law Office of Kate Curler have been staying up to date on the Governor’s Emergency Orders and are able to assist you with your estate planning in the manner you feel most comfortable. If you have questions about estate planning, please contact attorney Lauren Kaplan at lkaplan@curlerlaw.com or (312) 952-1077.