COVID-19: Special Notice to our Colorado Clients

Posted by Matthew McClintock
Category:

To each of our clients in Colorado,

Colorado has enacted temporary notary rules that allow us to maintain safe social distancing during the COVID-19 coronavirus pandemic.  The temporary rules allow us to fully implement important legal documents to keep your planning moving forward, but there are few things we have to do to comply with the law and to make sure your plan is complete.

  1. We will share PDF documents via our client portal for you to access at your convenience. We will create a specific folder that contains the full version of each document for you to preview if you’d like, and we will create a separate folder containing only the signature pages for the documents.  Please print all signature pages for each document before our review and signing conference.
  2. We will use Zoom for all document review and signing meetings. We will review the key points in each of the documents before we start the signature and notarization process.
  3. After we have reviewed the documents together to your satisfaction, we will start the formal signing process. In order to comply with the law, you and we will need to have our video cameras and microphones enabled.  We required to record the signing process, and there are some specific disclosures we’ll have to recite during that recording.
  4. All documents except deeds or wills (including pour-over wills) can be fully signed and notarized electronically. Here is the process we must follow under the rules:
    • After we see you sign the page, please send us an electronic copy of your signature page. Ideally, this will be a scanned PDF, but a clear image file from your smartphone camera may be adequate.
    • We will print and then notarize the copy that bears your signature. We will then scan our notarized signature and return it to you.
  5. For all documents including wills (but not deeds):
    • Your original signature page PLUS the electronic copy bearing our notary signature must be added to your documents. Please mail your original signature to our Evergreen, Colorado office to allow us to incorporate your original signature page and the original notary signature as we assemble formal hard copies of your estate planning documents.
    • We will include your scanned signature page and the notarized signature page in assembled PDF document files and will distribute full electronic copies to you via our client portal.
    • We will then assemble the documents with your original signatures as well as hard copies in a Legacy Planning Portfolio, and will ship the paper copies to your address.
  6. For deeds, please promptly mail us the document with your original signature. We will notarize your original signature and will then submit your deed for filing.
  7. After social distancing norms are softened, we will prepare a new will for you. The temporary notary rules do not allow us to fully prepare wills that qualify for informal probate in Colorado so we believe it is a best practice to create a new will for you as soon as we can conduct a formal, witnessed will ceremony for you.  In the meantime, it will be more important than ever to make sure your trust is fully funded to avoid probate altogether, if possible.

Thanks for bearing with us as we adapt to these difficult times.  Estate planning is as important now as ever, and we’re striving to make sure we can help complete your planning under these challenging circumstances.  We’re honored to be able to serve you, and are here for any questions or planning needs you may have.

Wishing you good health and peace,

 

Matt and Jonathan
EVERGREEN LEGACY PLANNING LLP

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