Legal Question in Wills and Trusts in New Jersey
copy of old will that someone else signed
I recently contacted the law firm that my parents used in the mid 70's for a copy of a will. The copy I recived was signed by someone other than my parents how can this be? I was told by a lawyer its their names not signature and was the norm for a copy. Is this true?
3 Answers from Attorneys
Re: copy of old will that someone else signed
When you say "a copy of a will," do you mean a photocopy, or second signed original? Does the attorney have the signed originals? The lawyer may have sent you a conformed copy of the will (a copy where a signor affirms that the copy is the same as the original). If the attorney has a copy of the original, you should also request a photocopy of the original.
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Re: copy of old will that someone else signed
There should only be one executed original of the Will. Since photo copies were not prevalent at the time the Will was signed, the copies could have been conformed by someone else. The question is whether you can locate the original or if you need to prove that the copy is authentic.
Re: copy of old will that someone else signed
I concur. The copy was probably conformed by someone in the lawyer's office, perhaps his secretary or one of the witnesses. It apparently was not photocopied. If you need it now, you will probably have to use this copy with a certification or affidavit from the attorney as to its authenticity. Then you apply for administration with the Will annexed (Administartion CTA). You will probably have to post a bond even if the Will states otherwise. Try to find the original if possible, or, if one parent is still living, get a new Will done promptly.