Coronavirus: Reno attorney harnesses obscure law to offer electronic wills
Johnathan L. Wright
As folks in Reno increasingly head online while they shelter at home, something essential is heading online, too: their last will and testament.
That's a significant departure from tradition in which a will has typically required physical presence: two witnesses watching the person making the will sign the document, the will maker affirming that signature before a notary, the will itself being in paper format.
But Nevada is one of a handful of states where electronic wills are permitted, and that statute — effective since 2001 but little known or used since then — is allowing at least one Reno attorney to break legal ground locally as folks self-isolate during the coronavirus.
Nicole Harvey, a lawyer with the Reno office of Blanchard, Krasner & French, has begun offering wills and related documents completely online — from initial consultation to document revisions to signing and notarization.
Until recently, "my firm had never in its history done an electronic will, and in 11 years of practice, I had never done one," Harvey said, signaling the newness of the service.
"Before all this happened, I regarded the idea of electronic wills with great suspicion. I'd always done things in person the old-fashioned way."
An electronic will, "goes against our training as lawyers. It goes against centuries of law. Now that there is this emerging need, I'm glad we have it."
How an electronic will is created and signed
Here's how the electronic will works.
Harvey conducts her initial consultation with a client on the telephone or via Zoom, the free web conferencing platform.
After Harvey drafts the will and related documents, she and the client log back on to Zoom, where they discuss the will face to face while also viewing and revising documents in real time.
Once the will is approved, a licensed e-notary obtains a digital copy of the client's identification. The client electronically signs the documents, the e-notary verifies identity and electronically notarizes matters, and the client and Harvey are emailed the finalized copies. Unlike physical wills under Nevada law, electronic wills do not require two witnesses.
"Starting from scratch, we could get this done in a week" with a basic will package that starts at about $750, Harvey said.
Most lawyers bill for their services by the hour, so the cost of an electronic will could be less than a traditional will because, in her experience, Harvey said, online discussions have tended to be more focused, taking less time.
4 legal considerations during a pandemic
It's standard legal advice (often widely ignored) that folks should have a will. Such advice becomes even more compelling, Harvey said, during a pandemic.
Major considerations the coronavirus is raising, she added, include having a will and a trust to settle affairs, having a power of attorney to handle business decisions, and having an advance healthcare directive in case of incapacitating illness.
A fourth consideration is one some folks won't want to think about: "For younger families, designating guardians for the children," Harvey said.
"All of this is essential, even in good times," Harvey continued. "It's still possible to make these kinds of preparations and complete these documents," especially with electronic will capability. "It's not too late."
Electronic wills are here to stay
When the need to socially distance ends, Harvey predicted her firm would continue to offer electronic wills.
"This is going to be another arrow in our quiver. It's an opportunity as a firm, as attorneys, to accept the challenging times and innovate and see what new tools are out there.
"In the future, when we're not worried about viruses, all of us will be more comfortable with these tools."
(California, where Blanchard, Krasner & French also has an office, currently does not permit electronic wills.)
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Johnathan L. Wright is the food and drink editor of RGJ Media, part of the USA Today Network. Join @RGJTaste on Twitter, Facebook and Instagram.