Danger Will Robinson: The New Frontier of Remote Online Notarization and Electronic Wills

In June 2019, Florida passed a law allowing notaries to perform notarial acts remotely using audio-video technology and enabling the execution of electronic wills. The law goes into effect on January 1, 2020, with the electronic wills provisions becoming effective on July 1, 2020. The law includes details on how to become an online notary, how to accomplish a remote notarial act, and regulations on electronic wills and other estate planning documents. This new law brings Florida into a new technological age and allows for documents to be notarized online when the notary and the person signing the document are in different locations. If you need to get something notarized online in Florida, you can use an online notary public. They use audio-visual technology to confirm your identity and watch you sign your document. They have to keep a recording of the whole process for at least 10 years. If they don’t follow the rules, it doesn’t automatically make the notarization invalid, but it could cause problems. Also, if you want to make a will online, there are different rules to follow, so make sure you talk to a lawyer about it. In the past, a will had to be signed in person by the person making it and witnessed by others. But now, a new law allows for electronic wills, which can be signed and witnessed using video calls and electronic signatures. This includes not only wills, but also trusts, health-care directives, and other important estate planning documents. So, now people can make their wills and other estate documents online. The new law allows people to sign important legal documents online, but there are some rules. For example, certain important powers in a power of attorney (like making a trust or giving away property) still need to be signed in person. Electronic wills are also allowed, but they have to follow certain rules and be kept by a special custodian. It’s still unclear how these new laws will actually work, but people are interested to see how they will be put into practice. The law requires people to answer three questions to see if they are vulnerable adults before they can sign certain legal documents electronically. If they are vulnerable adults, they have to have witnesses physically present when signing. If they sign electronically without realizing they are vulnerable adults, their documents may not be valid. If someone challenges the documents later, they have to prove the person was a vulnerable adult when they signed. In Florida, a remote online notary can only proceed with the notarization process if the person signing the document answers some important questions on video. These questions are meant to make sure the person is mentally capable of understanding the document. The notary will use the person’s answers to decide if they are capable of signing the document. It’s important to make sure the video quality and controls in place will make this process better. The new electronic will law has some concerns about how secure electronic records are and whether the custodian is responsible for any damage caused by losing or destroying the records. There are also concerns about the security of audio-video recordings when online notarization is done. The law requires notaries to take steps to make sure the recordings are secure. Until we see online notarization in action, it’s hard to say how well these rules will be followed. Be careful with online notarization and electronic wills. It’s still new and we don’t know if they’ll be widely used or if they’ll hold up in court. Also, new technology companies in this business may not stick around. So, be cautious for now. This is a list of Florida state laws related to wills and estates. These laws cover how wills should be signed and witnessed, as well as the requirements for creating a valid will. There are also laws about the probate process, which is the legal process of handling someone’s estate after they pass away. These laws are important to follow to make sure that someone’s wishes are carried out after they die. The list also includes some information about a lawyer who is an expert in this area of law. Jenna G. Rubin is a lawyer in Boca Raton who helps people with estate planning and legal issues related to wills and trusts. She’s a member of a law firm, and she’s also involved in a group that works to make sure the legal system is fair and just. She got some help with this article from another lawyer named Burt Bruton. This article was written for a section of the legal community in Florida.

Source: https://www.floridabar.org/the-florida-bar-journal/danger-will-robinson-the-new-frontier-of-remote-online-notarization-and-electronic-wills/