Page 25 - Senior Times South Central Michigan May 2020 - 27-05
P. 25

Ask The
Senior Times - May 2020
Page 25
Wills • Trusts • Powers of Attorney
Lady Birds Deed • Nursing Home Planning
Don't Lose Everything You Have To the Nursing Home
I can help you save up to 100% of your assets.
Michael B. Walling, J.D., LL.M.
Let me help you properly draft and fund a trust before you or your spouse enter a nursing home; it could save you over $50,000!
Elder Law Attorney
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  Call for a free
initial consultation*. *Except Asset Protection Planning
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Offices in Battle Creek & Portage
Helping Seniors preserve their lives for more than a decade.
QUESTION: I want to have a Will done but how do I get it signed with the Governor’s Stay Home order? I am not supposed to leave the house and everything is closed.
ANSWER: Since the outbreak of the Coronavirus many people want to cre- ate their estate plans; i.e., Wills, Trusts, Powers of Attorney, Lady Bird Deeds, etc. I think this is an excellent idea! The problem we were having is that with Governor Whitmer's Stay Home, Stay Safe Order, it was almost impos- sible to sign the documents in front of the required witnesses and notary. In response to this, Governor Whitmer signed an Executive Order allowing electronic signatures on all legal doc- uments in Michigan. Further, it allows a witness and/or a notary to observe you signing the document remotely by way of Zoom or any other audiovisual technology. This means that you do
not have to have a witness and notary present when you sign your documents. This allows people to create estate plans during this uncertain time.
Unless the law specifically man- dates a physical signature, Executive Order 2020-41 temporarily suspends the rules and procedures under the Uniform Electronic Act and permits the use of an electronic signature
for a transaction whenever a sig- nature is required under Michigan law. Additionally, the order specifics that any notarial act that is required under Michigan law may be per- formed utilizing two-way real-time audiovisual technology, provided that certain conditions within the order are met.
Michael Walling, Special to Senior Times
   That sounds great unless you don’t have a computer. What then? I would contact an estate planning attorney
and see what they can do for you. I’m certain they will figure out a way to
get it done. Some law offices may be closed right now but keep trying – there are estate planning attorneys that have stayed open. Don’t get caught without your estate plan in place if something bad happens.
Michael B. Walling is an Elder Law attorney with an advance Master of
Laws degree. He manages The Elder
Law Center and the law firm of Michael B. Walling, PLC. Mr. Walling is also a part-time Professor at Western Michigan University. Please send any questions you would like addressed to: The Elder Law Center, 4625 Beckley Road, Building 400, Suite 4003, Battle Creek, Michigan 49015. You may also call (269) 968-1101 to set up a free initial consultation. This column is intended for general information purposes only and should not be considered as legal advice to any particular person.
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