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A will that is drafted by a lawyer should avoid possible technical mistakes that a layperson might make that could potentially invalidate part or all of a will. [16] While wills prepared by a lawyer may seem similar to each other, lawyers can customize the language of wills to meet the needs of specific clients. [17]
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
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Register of Wills is an elected position in jurisdictions such as Maryland. The Registrar and staff administer the local Probate Court, typically for a given county , acting partly as public customer service and partly as clerks for the probate judge (who may or may not be elected).
Wills are supposed to be final. But unsurprisingly, sometimes heirs and potential heirs don't see them that way. A $100 million estate left to the "wrong" people can cause court battles over ...
Estate planning may involve a will, trusts, beneficiary designations, powers of appointment, property ownership (for example, joint tenancy with rights of survivorship, tenancy in common, tenancy by the entirety), gifts, and powers of attorney (specifically a durable financial power of attorney and a durable medical power of attorney).
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