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Updates and News Regarding Electronic Notaries and Electronic Wills in Orlando, Florida Area

Here are some updates in elder law in the Orlando, Florida area regarding Electronic Notaries and Electronic Wills in Orlando, Florida area. 

The Florida House and the Florida Senate adopted House Bill 409 dealing with electronic notaries and electronic wills. The Governor signed the bill on June 7, 2019. There will now be electronic wills and notaries in Florida including Orlando, Orange County; Seminole County, Volusia County and Lake County. There are special requirements for electronic wills and electronic notaries. However, they will now be allowed in the State of Florida. You can read more specifics about these requirements in Chapter 2019-71. FLORIDA LAW AUTHORIZES CREATION AND EXECUTION OF ELECTRONIC WILLS. THE EFFECTIVE DATE OF THE LAW IS INCLUDED IN THE STATUTE.

What is an electronic will? How do I learn more about an electronic will? An electronic will is defined as an instrument, including codicil, executed with an electronic signature by a person, which dispose of the person’s property on or after his  or  her death and includes an instrument that merely appoints a personal representative or guardian or revokes or revises another will. You can read Florida Statute 732.521(4) regarding this.

Florida Statute 732.522(2) describes how an electronic will is signed and the formalities and requirements of signing. You can read that statute. The formalities and requirements include the following:

    1.     Clerks of courts must be added as qualified custodians of electronic wills. 

    2.     Production of complete, uninterrupted, and unedited video, if the video cannot be produced, the burden of proving the documents shifts to the proponent of the document. 

    3.     Removing super-powers from remotely witnessed durable powers of attorney. 

    4.     Vulnerable adults are not eligible to execute powers of attorney or electronic wills.  

    5.     Witnesses of electronic documents must be in the United States. 

    6.     You can Google Florida Statute Chapter 2019-71, Florida Statute 732.521(4), and Florida Statute 732.522(2) and read all about Electronic Wills and Electronic Notaries in the Orlando, Florida area. 

If you have more questions regarding a Probate or Guardianship matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//: www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege. 

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