Your Jacksonville Estate Planning Attorney should include a separate writing memorandum in the Valid Florida will that is prepared for you. Florida Statute, Section 732.515 allows a written statement or list referred to in the will to dispose of items which are tangible personal property.
In Jacksonville and throughout the state of Florida a will can be revoked only in specific ways. If you want to make sure your will is revoked properly, you should have Florida Estate Planning Attorney or Jacksonville Estate planning lawyer help revoke your Florida Will properly. 
Often we see individuals who try to change the test or cross off paragraphs of their will. This can cause problems and unintended results. To prevent these types of issues you might consider a separate writing memorandum at authorized under Florida Statutes, Section 732.515. Follow this link to read more on Separate Writing memorandums.
1) Revocation by Writing: A Florida Will or Florida Codicil, or any part of either is revoked by a later inconsistent will or codicil, even though the subsequent will or codicil does not expressly revoke all previous wills or codicils. Such a revocation only extends to inconsistency.
By a subsequent will, codicil, or other writing that declares the revocation and is executed with the same formalities as required for the execution of a will (Florida Statutes, Section 732.505).
In Jacksonville Florida and other Florida counties, your Florida Guardianship Attorney will help the ward present information to court. The court has the option to appoint any person who is qualified to act as a guardian. Florida Statutes, Section 744.312 requires the court to give preference to any person who is related by blood or marriage to the ward.
In addition the Florida Court must also consider the wishes of the incapacitated person as to who shall be appointed guardian. This can be troublesome to the Florida court as the incapacitated person might wish to have a Florida Guardian who is not appropriate for the ward (themselves). The statutes require that the court consider the preference of the incapacitated person but the Florida court is not required to appoint the person requested by the ward.
Right after the petition to determine incapacity, a petition to appoint a guardian is usually heard by the Florida Court. This process can vary from one city like Jacksonville to one in another area of Florida where it might happen a few days later. The appointment of a qualified guardian is very important and is one of the rights of the incapacitated person. Florida Statute, Section 744.3215
Since Leona Helmsley’s dog inherited $12 Million dollars, when her dog dies will it have to pay estate taxes. If so will the trustee opt to take advantage of the 2010 unlimited exemption and euthanize the dog in 2010?
It appears that New York’s Pet Trust Statute makes allows the Pet trust to direct the use of the proceeds after the death of the dog or revert it back to the decedents estate.
In addition, a court can reduce the amount of the property transferred if it determines that the amount substantially exceeds the amount required for the intended use.
In Jacksonville Florida and other areas of the estate Florida Estate Planning Lawyers and Florida Guardianship Lawyers use advance directives including Durable powers of Attorney and Designation of health care surrogates to limit the need for Florida plenary or limited guardianship.
Prior to the appointment of a Florida Guardian, the Duval County court or local court will determine whether the ward executed a valid advance directive in accordance with Florida Statutes, Section 765. If a valid directive exists the court will specify what powers the guardian will have in the letters of guardianship. If court is considering modifying or revoking the authority of the surrogate, the surrogate must be given notice prior to the hearing.
The adjudicatory hearing is closed and only the examining committee members, the petitioner and his or her Florida Guardianship Attorney, the Alleged Incapacitated Person (AIP) and his or her Florida Guardianship Lawyer have the right to be present. The AIP has an absolute right to attend and must be present unless his or her presence is waived by his or her Florida attorney. The AIP also has the right to refuse to testify during the hearing.
In the event that there are witnesses, the witnesses must be disclosed to all parties. The Florida Court must find by clear and convincing evidence that the AIP is incapacitated. If the AIP is found to be incapacitated the court must consider alternatives to guardianship before the appointment of a guardian. This is the case in a plenary guardianship or limited guardianship.
In Florida there are limitations on Pet Trusts and the courts would likely find that $12 Million for a dog would be excessive and strike all or part of the trust.
Leona Helmsley’s Dog was left a $12 Million dollar trust fund. In addition the Maltese, named Trouble will be buried alongside her and her late husband in a mausoleum. Leona also left 3 Million for the perpetual care of the mausoleum.
While the press and blogs are making a big deal over the dog getting $12 million, everyone fails to see the costs she is incurring because of probate. She left the majority of her money and property (rumored to be in excess of 1 billion dollars) to a Family charitable trust. The legal fees on handling this administration could be in excess of $60 Million dollars. If she would have put this money in a Revocable Trust or Living Trust there would be no probate fees to transfer the Billion dollars to the charity.
A Florida Enhanced Life Estate Deed (sometimes called “The Lady-Bird Deed”) is a tool used by Florida Estate Planning Attorneys, Florida Elder Law Attorneys, and other by Florida Lawyers to preserve the homestead for the benefit of the family. Upon the death of the homeowner’s the property will pass to the people designated without the need for a costly probate process.
Why Use an Enhanced Life Estate Deed?
The Enhanced Life Estate Deed provides a mechanism to bypass the probate process and thus the creditors. Under this document, the husband and/or wife retain a Life Estate Interest under which he or she retains the right to live on the property for their life. Unlike a Life estate, the husband and/or wife retain the right to sell, mortgage, convey, gift, or cancel the remainder interest at any time during their life. If there is any property interest upon the last to die of the husband and/or wife, the remainder will pass in fee simple to the designated individuals named in the deed.
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