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CASE STUDY: LEVERAGING CERTIFIED NOTARY TRUST DELIVERY AGENTS FOR ESTATE PLANNING SIGNINGS

 

Prepared by Cora L. Germany

Date: September 18, 2023

 

Executive Summary

In the realm of estate planning, the role of a notary public is pivotal in ensuring the legality and validity of important documents. Attorneys often find themselves grappling with logistical challenges when coordinating estate planning signings, including client scheduling, document management, and compliance with notarial requirements. In response to these challenges, this case study aims to illuminate the advantages of enlisting the services of Certified Notary Trust Delivery Agents (CNTDAs) to streamline the estate planning signing process.

 

Introduction

Estate planning is a complex and multifaceted area of law that necessitates precise documentation, attention to detail, and compliance with stringent legal requirements. Attorneys and their clients rely on the services of notaries public to authenticate and witness the execution of critical documents such as wills, trusts, powers of attorney, and advance healthcare directives. However, coordinating these signings can be time-consuming and error-prone, potentially leading to legal disputes or invalidated documents.

 

The Role of Certified Notary Trust Delivery Agents

Certified Notary Trust Delivery Agents (CNTDAs) are notaries public who have undergone specialized training and certification to handle estate planning signings efficiently and securely. They offer several key advantages for attorneys and their clients:

 

1. Expertise in Estate Planning Documents: CNTDAs are well-versed in the specific notarial requirements for estate planning documents. They understand the nuances of different types of documents and can guide clients and attorneys through the signing process, ensuring all legal formalities are met.

 

2. Flexibility and Convenience: CNTDAs provide flexible scheduling options, making it easier to coordinate signings at a time and location that suits the client's needs. This flexibility can be especially beneficial for elderly or mobility-impaired clients.

 

3. Document Management: CNTDAs are equipped to handle document management, including the safekeeping and secure delivery of executed documents to the appropriate parties. This reduces the risk of documents being lost or misfiled.

 

4. Remote and In-Person Services: In an increasingly digital world, CNTDAs can offer remote notarization services if permitted by law, allowing clients to sign documents from the comfort of their homes. When in-person signings are required, CNTDAs can facilitate these efficiently.

 

5. Compliance and Record-Keeping: CNTDAs are diligent in maintaining accurate records of notarial acts, ensuring compliance with state-specific regulations. This meticulous record-keeping can be invaluable in case of legal disputes.

 

 

CASE STUDY: IMPROVED EFFICIENCY AND CLIENT SATISFACTION

 

Client A, a reputable estate planning attorney in Hampton Roads, Virginia, regularly encountered challenges when coordinating estate planning signings for clients. These challenges included:

- Difficulty in finding suitable meeting times for all parties involved.

- Ensuring proper notarization of complex documents.

- Managing the secure delivery of executed documents to clients and beneficiaries.

 

After partnering with a Certified Notary Trust Delivery Agent, Client A experienced significant improvements in efficiency and client satisfaction:

 

1. Streamlined Process: The CNTDAs offered flexible scheduling options, accommodating clients' availability. This reduced the time and effort required to coordinate signings.

 

2. Expert Guidance: CNTDAs ensured that all documents were notarized correctly, eliminating potential issues with document validity.

 

3. Enhanced Security: The CNTDAs handle document management, maintaining a secure chain of custody for executed documents, reducing the risk of loss or mishandling.

 

4. Increased Client Satisfaction: Clients appreciated the convenience and professionalism of the CNTDAs, leading to higher levels of satisfaction and trust in Client A's services.

 

Conclusion

Estate planning signings are a critical aspect of an attorney's practice, requiring precision, compliance, and exceptional client service. Certified Notary Trust Delivery Agents (CNTDAs) offer a solution to many of the logistical challenges attorneys face in this field. Their expertise, flexibility, and commitment to compliance make them valuable partners in ensuring the efficiency and legality of estate planning signings. By enlisting the services of CNTDAs, attorneys can enhance client satisfaction, reduce administrative burdens, and focus on delivering the best possible legal counsel.


To explore the benefits of partnering with a mobile Certified Notary Trust Delivery Agent in your estate planning practice, please contact Cora Germany, Peninsula Notary Solutions, LLC., info@peninsulanotarysolutions.com, 757-244-9533.

 


 


Banks vs UPS vs Preferred Personal Mobile Notary

 

Did you know?  A bank will not notarize the following documents:


UPS/Banks

·         Waiting in line

·         Is there a notary available?  Possibly waiting for them to call one to arrive.

·         Must set appointment within the confine of the store/bank hours.  Is that convenient for you?

·         Parking.  Did you have to walk far to get to the building?  Are there enough handicap spaces?

·         What is the weather like today?  Hmm, do I feel like getting wet, possibly slip on ice, dealing with snow?

·         Do you have to dress and load the children (and/or Fido) in the car? I am children, elderly, & pet friendly. 😊

 

What are your options?

·         Online Notary 

·         Mobile Notary

Yes, there is a fee, BUT you will have:

·          An on-demand appointment - No waiting!

·         Convenience of not burning your gas

·         No wear and tear on your car

·         No worries about parking

·         No worries if you have mobility constraints.

·         Less opportunity for COVID and other exposures (see my COVID & Safety Protocols)

·         Say NO to traffic! Let me have that burden.


 

“I paid a little more but, in my opinion, considering my safety and the convenience – it was worth it!”

 

How Using Remote Notarization Helped Claire (fictitious story):

 

Claire, a married woman with three young kids (preschool, grade-school and middle-school-aged). Her husband is deployed.  They don’t have any social support.

Claire is suffering with a fractured leg from a car accident.  She is in a full leg cast.  Mobility is an extreme challenge for Claire.  Not to mention she and two of the kids have norovirus.

Claire needs a Release of Information document notarized (the document has been faxed to her) so her medical records can be forwarded to another physician. She needs the document ASAP.

Being unable to leave her home due to her illness and injury, and not having the support of friends, neighbors, etc., Claire lamented.  After some research online regarding notary services.  She learned about remote online notarization (RON). 

She contacted a notary commissioned for electronic notarization.  She was able to get the document notarized and faxed it back to the medical facility WITHOUT leaving the comfort and safety of her home! 


Benefits of RON especially in Claire’s case:

No one else was potentially exposed, no risk of further injury in trying to prep and exit the home, no parking issues including walking from car to building, no gas used for vehicle, no worrying about where’s the restroom (not good when you have a stomach bug!) and no potential for another car accident!

 

Symptoms of Norovirus:

·         Diarrhea

·         Vomiting

·         Nausea

·         Stomach pain

·         Fever

·         Headache

·         Body aches

 

 

To help prevent Norovirus it is recommended:







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