Concern over the coronavirus (COVID-19) is rampant. Many extreme measures are being taken and we are being urged to try to limit our activities to those that are more essential. In these uncertain times, we often reflect on our estate planning and end of life decisions. Because of the major impact these have on us and our families, we consider these activities essential and worthy of our immediate attention.
However, for many, the thought of traveling or meeting in a public place seems unhealthy or risky. For those who are concerned about going out in public, we offer to meet with you either over the telephone or via video conferencing through Facetime, Skype Business, or Zoom.
We have all been taught that a valid Will must be executed in the presence of two witnesses who are not related to the creator of the Will AND who are not listed as heirs of the Will. Also, to create a valid Trust, the Grantor (or creator) of the Trust should have his or her signature witnessed by a Notary. However, Nevada law now allows a Will and Trust to be signed, witnessed, and notarized electronically, or virtually, and still be legally valid. See NRS 163.0095 and NRS 13.085). Keep in mind that you still must be over the age of eighteen (18) and be of sound mind.
We have several alternative means for helping you complete your vital estate plan. For an Electronic Will to meet the requirements of the statute, it must be:
- Created and maintained in an electronic record;
- Contain the date of the signature AND include at least one of the following:
a. An authentication form of the testator or a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person such as:
i. Fingerprint
ii. Retinal scan
iii. Voice recognition
iv. Video recording
v. Digitized signature
vi. Facial recognition
b. The electronic signature and electronic seal of an electronic notary public, placed thereon in the presence of the testator and in whose presence the testator placed his or her electronic signature thereon; or
c. The electronic signature of two or more attesting witnesses placed thereon in the presence of the testator and in whose presence the testator placed his or her electronic signature thereon.
If you would like to have your Will or Trust prepared, please contact us or give our office a call to schedule a telephone or video conference. Our attorneys and paralegals are here to assist you.
