Governor Baker signed into law yesterday an emergency bill from the Legislature that now allows Massachusetts attorneys to notarize documents (Wills, deeds, Trusts, etc.) via video conference, during the emergency period. It is believed that, following the pandemic, Massachusetts will resort back to the previous, traditional rules and procedures.
At Lucas Law Group, we are using this procedure now, for those clients who do not want to sign from their vehicle while we witness from a distance.
Any documents signed remotely must be done during a record-able video conference, which recording must be kept by the attorney for ten (10) years. During the recording, the participants and witnesses must all swear that they are all physically in Massachusetts during the signing, even though the matter is being handled remotely. Also, if there are any persons in the room with the person who is signing, they must be viewable to the attorney and witnesses. This, hopefully, prevents fraud or coercion by family members or others, which is a common theme in probate litigation.
For real estate documents that will be recorded (deeds, trustee certificates, mortgages, etc.), the signer must deliver the original document to the attorney, who must then conduct a second video conference and confirm that the signed document he or she is holding is the same document that the client signed.
These are the general requirements of the emergency order. For more details, please contact Lucas Law Group!
