Naomi Becker Collier Quoted in Law360 Pulse Article on New Remote Notarization Law
Naomi Becker Collier, partner and Co-Chair of the Trusts & Estates and Elder Law practice at Pashman Stein Walder Hayden was quoted in the Law360 Pulse article, “NJ Attys Mostly Favor New Remote Notarization Law.” The article discusses the recent law allowing notaries and attorneys to sign documents remotely in New Jersey through “communications technology,” which notarization must be recorded on video and retained for 10 years. The article notes exceptions to the new law which do not allow for remote notarization of, among other things, the creation and execution of wills, codicils or testamentary trusts.
Naomi Becker Collier, a partner at Pashman Stein Walder Hayden PC who serves as co-chair of the firm's trusts and estates and elder law practice, said she sees the 10-year video storage requirement as "onerous," adding that there are other drawbacks. "Many estate planning documents are customarily both witnessed and notarized, and a concern arises if the notary can take place electronically and the witnesses cannot, then it is not as strong a tool as it could be," she told Law360 Pulse. "There is a lot of formality surrounding the execution of a last will and testament, and not being able to observe what is going on during a will execution may be problematic for the attorney, especially if the will were to be questioned in the future."
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