• Any property owned jointly with another person or
persons with the right of survivorship (for example,
a tenancy by the entireties, which is limited to joint
ownership between a husband and wife, would be a
property that automatically passes to the joint owner).
You may not disinherit your spouse without a properly
executed marital agreement. The law gives a surviving
spouse a choice to take either the share provided under
the will or a portion of your property determined under
Florida’s “elective share” statute. Also, if your will was
made before the marriage and the will does not either
provide for your spouse or show your intention not to
provide for your spouse, then your spouse would receive
the same share of your estate as if you had died without
a will (at least one-half of your estate), unless provision
for the spouse was made or waived in a marital
agreement.
Life insurance is not a substitute for a will. Life insurance
is only one kind of property that you may own, and a
will is necessary to dispose of other assets that you own
at death.
A trust is not a substitute for a will in most cases. A trust
may be used in addition to a will. This is because a trust
can handle only the property that has been put into
it. Any property of yours that is not placed in the trust
either during life or at death in most instances escapes
the control of the trust. It is the will that controls all
property in your name at the time of death if the will is
drafted properly.
Who should prepare a will? The drafting of a will
involves making decisions that require professional
judgment that can be obtained only by years of training,
experience and study. Only the practicing lawyer can
The CHARACTER COUNTS! Steering
Committee is calling all walkers,
runners and fitness enthusiasts
to participate in the CHARACTER
COUNTS! 6K/3K Run/Walk on
Saturday, February 1, 2020, at 9 a.m.
The run/walk will begin and end at
Palencia Elementary School located
at 355 Palencia Village Drive, St.
Augustine.
Walkers and runners will enjoy a course running through
the neighborhoods of Kensington and Las Calinas and
can choose to participate in the 6K (3.73 miles) or 3K
(1.86 miles) distance.
Registration fees are as follows:
6K: $25 before January 1 • $30 January 1-January 31 •
$35 on race day
3K: $20 before January 1 • $25 January 1-January 31 •
$30 on race day
Registration forms and more information are available
online at www.racesmith.com/races/CHARACTERCOUNTS.
html.
Race proceeds support CHARACTER COUNTS! initiatives
24 | S T. J O H N S parent M A G A Z I N E
avoid the innumerable pitfalls and advise the course
best suited for your individual situation. In addition,
an experienced attorney will be able to coordinate the
use of other skilled professionals, such as an investment
adviser, actuary, insurance specialist and tax accountant,
to complete a proper estate plan.
Moreover, there is no such thing as a “simple will.” Even
smaller estates can have complexities foreseeable only
by the experienced attorney.
The following additional documents should be
considered for signing when you make your will:
• Living will: Florida statutes now provide for a written
declaration by an individual specifying directions as to
use of life-prolonging procedures.
• Power of attorney: This document can assist in
handling your property if you become incapacitated,
without having to open a guardianship proceeding in
court. This is especially valuable for paying your bills
and protecting your assets. A power of attorney is no
longer valid or enforceable after your death.
• Health care surrogate: Florida law now allows you
to designate a person to make health care decisions
for you when you may not be able to do so. Included
in this important appointment is the power to decide
when to withdraw medical procedures.
• Pre-need guardian designation: Florida law allows
you to designate a person who could be appointed
guardian over you should you become incapacitated
and/or over your children should you become
incapacitated or upon your death. If you fail to
designate a guardian, the court will do so for you if it
becomes necessary.
throughout the St. Johns County School District (SJCSD).
The run/walk is open to all ages, and the top three
winners will be awarded in each of the age categories
as well as the overall male and female finishers. A cash
donation will be awarded to the top three to five schools
with the most registrants. Last year these schools were
Ocean Palms Elementary, Alice B. Landrum Middle, Otis
Mason Elementary, Palm Valley Academy and Palencia
Elementary. All race registrants will receive a t-shirt and
other goodies from area businesses and organizations.
At the finish line, each race participant will receive a
commemorative dog tag which is the sixth design in its
series.
This event is produced by the CHARACTER COUNTS!
Steering Committee and is presented by Beaver Toyota
with support from businesses and community groups.
Action News Jax CBS47/FOX30 is the official media
sponsor of this run/walk.
The SJCSD, along with area businesses, youth organizations and
civic groups, selected the national character education program
of CHARACTER COUNTS! as a countywide initiative to instill
positive character traits in young people throughout the county.
Additionally, the SJCSD became the first school district in Florida
to implement Pursuing Victory With Honor in all of its athletic
programs. Character education is an important part of every School
Improvement Plan and a major component of the Student Code of
Conduct and the school district’s Strategic Plan.