A. If the laws of this state base the validity of a non- testamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. B. For the purposes of this subsection, “electronic presence” means that two or more individuals in different locations are able to communicate in real time to the same extent as if the individuals were physically present in the same location. If the laws of this state base the validity of a non-testamentary estate planning document on whether it is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement shall be satisfied if the individuals are in each other’s electronic presence.
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