You do not need a lawyer to write your Will for you. If it seems that you did not mean to disinherit an adult child, then that person has the right to contest your Will in court. It is perfectly legal to disinherit (not leave anything to) someone over the age of 18. A surviving spouse has the legal right to claim in court a part of your estate even if your Will says otherwise. New York State protects spouses and minor children from being left nothing in a Will under most circumstances. In this case, without a Will, your partner will, in all probability, not inherit anything.ĭo I have to leave something to my Spouse and Children? If you are not married in the eyes of the law or live in a "non-traditional relationship" and do not have a valid Will, your partner will not inherit under New York State's laws of intestacy. In addition, a Will allows you to give specific things to people of your choice. If there are none of these surviving, other members of your family may become entitled to part or all of your estate.Īlso, if there is no will, a Court may decide who will care for your children and their property if the other parent is not able to care for them or is unavailable. New York divides your estate among a spouse and minor children. If you die without a Will, you die "intestate" and the State of New York has codified into the law specific divisions of your estate when you die without a Will that may not conform to your wishes. In contrast, RIN generally consists of using existing online videoconference platforms to satisfy the notarization requirement that a signer personally appear before the notary.Īdditionally, the New York Secretary of State’s office published FAQs to assist notaries perform RON under the new law.Why Might I Need a Last Will and Testament? However, starting on January 31, 2023, any notary wishing to provide RON, must complete an additional registration process to perform RON.īy way of background, RON is a form of notarization where the notary officiates the document remotely through a dedicated audio-visual technology platform utilizing security protocols that apply specifically to RON. The Bill allows any New York commissioned notary to act as a traditional or RON notary.The Bill requires recording officers (e.g., county clerks) to accept RON documents for recording when a Certification of Authenticity is included in the document.The Bill provides the language that must be included in the notary blocks for RON to help identify that the document was remotely notarized: “This remote notarial act involved the use of communication technology.”.The notary must also take reasonable steps to ensure a backup recording of the RON exists and is secured from unauthorized use. ![]() The Bill requires a recording, containing both audio and video, of the RON to be retained for at least 10 years.The Bill clarifies that signers can execute documents using RON if they are outside of New York state, but inside the U.S., or outside the U.S., provided that the executing notary be physically located in New York state at the time of the notarization.The Bill requires signers (i.e., principals) to undergo a multi-step identity verification process before completing a RON.This will provide the state additional time to fully implement a regulatory scheme to support RONs. The Bill changes the effective date of the full RON law from June 20, 2022, to January 31, 2023.Starting on February 24, 2022, the Bill temporarily authorizes notaries to perform notarial acts using a video conference notarization process, known as remote ink-signed notarization (RIN), until the full RON law becomes effective. ![]() The Bill makes the following key changes to New York’s RON Law: The Governor of New York recently signed into law Senate Bill S7780 (the Bill), which significantly amends New York’s prior remote online notarization (RON) law, Senate Bill S1780C, which was signed in December 2021.
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