If you are currently making changes or modifications to your current estate plan, you should not expect video conferencing and the recent changes in Indiana allowing Electronic Wills and Trusts to help in light of the CoVID-19 pandemic. The state legislature of Indiana enacted provisions related to electronic wills, trusts, and powers of attorney through Indiana House Bill 1303. IC 29-1-21-1 through 18 were added to the Indiana Code as a new chapter in 2018. This Code provides rules for the valid execution, attestation, self-proving, and probate of electronic wills.
If an electronic will is properly signed, witnessed, and maintained in compliance with this chapter, all the normal presumptions that apply to a valid traditional paper will apply to an electronic will. However, the Code requires witnesses to be in the “actual presence” of the signor of the will. Therefore, under Indiana law, the request for social distancing and need for estate planning under the corona virus pandemic do not coincide very well. Accommodations can be made to ensure all wills are properly executed in accordance with Indiana law.
Cate, Terry & Gookins, LLC continues operations during the pandemic with attorneys available remotely to answer questions. We are able to meet with our clients by way of video conferencing, email, and by telephone phone. If you have urgent estate planning needs that must be addressed in person consider contacting John Terry to discuss modifications to your will or estate plan.
If you are looking to create your estate planning documents during this health care emergency, then a face to face meeting will be required and we will ensure safe social distancing practices are observed. We can accommodate private meetings to ensure your critical estate planning documents are executed in a timely fashion to safeguard against emergencies.