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nantneen · Jul 31, 2008, 04:28 PM

My best friend had written wishes that were notarized. Her wishes for her ashes were for ME to take them to the NC Blue Ridge Mtns. And scatter them. It was stated that if her sister and brother wanted to go with me, then they could do so. The day of her service, her sister took the ashes with her to Columbia SC knowing that this was not her sister's wishes. I have tried numerous times to get her to talk with me about this, it has been over a year now, and I can't get any information or response from her at all related to this. Her brother and sister still have their Mom and Dad's ashes that are over 5 years old.
This is tearing me apart that I can't do what my best friend wanted me to do. Does her written wishes still hold up in court after a little over a year? Please help me! We lived in NC. Thank you

Fr_Chuck · Jul 31, 2008, 04:35 PM

Most likely no, she needed to have them written in a will, to give their heir specific instructions..

progunr · Jul 31, 2008, 04:40 PM

The notarized statement will not over ride the rights of a next of kin.

Only a will or living trust would.

George_1950 · Jul 31, 2008, 04:54 PM

Originally Posted by nantneen

My best friend had written wishes that were notarized. Does her written wishes still hold up in court after a little over a year? Please help me!! We lived in NC. Thank you

Did your friend leave a will? The written instructions must be 'testamentary', i.e. something to be done after the 'testator's' death. Also, there must be two witnesses, in most states; you have indicated that the instructions are notarized, but are there two witnesses?

JudyKayTee · Aug 1, 2008, 07:54 AM

Originally Posted by nantneen

My best friend had written wishes that were notarized. Her wishes for her ashes were for ME to take them to the NC Blue Ridge Mtns. and scatter them. It was stated that if her sister and brother wanted to go with me, then they could do so. The day of her service, her sister took the ashes with her to Columbia SC knowing that this was not her sister's wishes. I have tried numerous times to get her to talk with me about this, it has been over a year now, and I can't get any information or response from her at all related to this. Her brother and sister still have their Mom and Dad's ashes that are over 5 years old.
This is tearing me apart that I can't do what my best friend wanted me to do. Does her written wishes still hold up in court after a little over a year? Please help me!! We lived in NC. Thank you

The instructions in a Will supersede all else - if these wishes were not in the Will they cannot be legally enforced.