ST PAUL, Minn. — There's a new law in Minnesota that makes it easier to outline your wishes for after you're gone.
Senator Bonnie Westlin authored the Uniform Electronic Wills Act this legislative session. The bill passed both the House and Senate unanimously and Governor Tim Walz signed it into law last March.
It streamlines that process entirely online, making Minnesota the 13th state to pass e-will legislation.
"People don't like to deal with things around death," said Sen. Westlin. "But this is such an important thing in terms of planning for your family and your future."
Writing a will is not always top of mind, plus it can be confusing — even scary — says Mitch Mitchell, product council for Trust & Will.
"It's not just for the wealthy, it's not just for the elderly," said Mitchell. "Our mission is to make estate planning more accessible to everyone."
Trust & Will has a step-by-step system that makes the process more convenient and affordable. Mitchell says fewer than 1/3 of Americans have a will.
The legal document requires several witnesses and signatures on what are usually printed documents. Mitchell says the COVID-19 pandemic forced state governments to ease that standard when people could no longer gather. The old-fashioned process is rooted in old English law, according to Mitchell.
"When eventually people were able to, without permission of the crown, pass on their wealth," said Mitchell. "There were immense concerns about fraud and that’s still the reason for having these requirements."
The e-will is valid due to a decades old economics commerce law called the Uniform Electronic Transactions Act that essentially allowed consumers to use a credit card to purchase something online.
Remote Online Notarization (RON) is also necessary to help validate e-wills.
"It's neat to see a state lead on this," said Mitchell about Minnesota. "That’s one nice thing about this is we’re not forcing anybody to use this, it’s a tool in the tool box."
Trust & Will has a plan that starts around $159 — far less Mitchell says than hiring an attorney.
"We kind of bridge that gap," he said. "It’s not affordable for everyone, but it’s more affordable than most other options."
He also recommends anyone 18 years and older consider preparing a will. He said the pre-planning can help protect your family from worry — or worse.
"People are going to be grieving in their own way and that creates a unique opportunity for conflict," said Mitchell. "You don’t want them to second guess; you want them to make informed decisions and to think as clear-headed as they possibly can."
Because concerns about fraud persist, many states are still hesitant to pass a law like this one. Mitchell says his company uses something called knowledge based authentication to prove your identity.
Other services, like DocuSign, also use that same safety net if you've ever opened a new account online or completed a loan transaction.
"It’s easy, it’s fast, it’s safe," said Sen. Westlin.
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