Swearingen Seeks to Modernize and Safeguard Estate Planning Process for Seniors

State Rep. D.J. Swearingen (R-Huron) introduced House Bill 692, which will modernize and update how estate planning documents, such as wills and trusts, are finalized within the state. Swearingen testified on the legislation during its hearing in the House Civil Justice Committee.

Swearingen noted how technology can play an improved role in planning these types of documents.

“Currently, Ohio law allows you to create estate planning documents, such as wills, electronically but does not allow you to execute those documents online,” said Swearingen. “In Ohio, you are unable to have your will signed, witnessed and notarized online by utilizing video conference.”

Swearingen also acknowledged how burdensome the outdated processing of these forms can be for Ohioans in light of existing technology.

Under Swearingen’s proposed bill, it allows Ohioans to sign, witness, and notarize wills and other estate planning documents entirely online via electronic and video documentation. Additionally, it would even enhance the safeguards that are in place and maintain it for those choosing to continue to physically sign.

The COVID-19 crisis added to this conversation as the current process of physically completing the forms and needing to meet people in person is a difficult feat for seniors during the pandemic.

“This is especially burdensome for the elderly population, those with health conditions, those located in rural areas, or those in nursing homes where in-person visitation is prohibited,” said Swearingen.

Currently, other states such as Nevada, Florida, Arizona, and Indiana have successfully implemented the online usage of filling out these estate documents.

To date, the bill has completed one hearing within the House Civil Justice Committee.