QUESTION

Probate court says that my moms signed and witnessed will is not good unless i signed it. i am the executor and my name is on the will.

Asked on Dec 02nd, 2011 on Wills and Probate - New Jersey
More details to this question:
The lawyer that made the will has passed away , and the witness is unable to contact as well
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
I'm not sure what you mean by the statement that the "will is not good unless I signed it".  Usually the executor does not sign the will and if the will is witnessed and notarized then it should be self proving.  The surrogate's clerks are usually very helpful.  Go back to the clerk that told you about the will and ask what you need to do instead if you can't probate the will.  You made need to go to court by way of a complaint asking for "solemn" probate - meaning you are asking the court to probate a will that is a little irregular
Answered on Dec 07th, 2011 at 2:05 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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