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There is no such thing as a "legal will." There is a will (or contract, or affidavit, etc.). If the will is presented fpr probate and is accepted by the court as a valid will, you could say it is "legal" at that point.
Having a will puts you in control of how your assets are disposed of after your death. If you do not have a valid will, or any will, state law determines how your estate will be disposed of. People usually leave their estates to their surviving spouse and/or children, and that is what most state laws provide.
There are two disadvantages to having a will: 1) for large estates there may be unwanted tax consequences and 2) estate court documents are public records, so anyone can see what your will says and how your estate was disposed of.
Some states have probate procedures that are very burdensome and expensive, even for smaller estates, though all have provisions for speedy resolution of really small estates.
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∙ 14y ago
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