He asked in his will to be cremated and his ashes to be spread at his favorite fishing spot. His family does not want to honor his wishes and they are saying the will he typed up and had notarized isnt legal and that my mom cant do as he had asked in his will. Is this true or are they just saying this to get her to believe it?
Social Security Lawyers
First of all, a living will is a document that addresses medical care during life. The provisions for disposition of remains are appropriate for a plain, old-fashioned last will and testament. Mom's boyfriend needs to consult with experienced family or estate planning counsel to insure his wishes are enforced. although the law in this regard varies from state to state, most commonly it is the "next of kin" who is entitled to physical remains after death, and it is the next of kin that controls disposition of those remains. Commonly also, instructions for disposition properly given will supersede the rights of "next of kin." The formality of those instructions is also a matter of state law, but the chances are great that something home-made even though "typed up and notarized" will not be sufficient.
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7 lawyers agree
Estate Planning Attorney
It is very possible that the document created by your Mom's boyfriend is not a valid will.
A signed document directing funeral instructions might be enough to be enforced.
This document should be reviewed by an attorney immediately for na opinion.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Estate Planning Attorney
We would need to see the document. There are very specific legal requirements for valid wills. Notarization is not required. A lawyer needs to look at the will to tell you if it is valid.
Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.
3 lawyers agree
This is exactly why people shouldn't do their own legal work. A will, a living will, and a funeral designation are three different documents with three different sets of formalities. If it is important enough to him to go against his family, he should pay someone to get it done right.
For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.