In this month's discussion of important estate planning concepts we are going to turn our attention to the letter of instruction. Learn more about Florida letters of instruction in this presentation.

1. FLORIDA LETTERS OF
INSTRUCTION - PART 1
“In this month's discussion of important estate planning
concepts we are going to turn our attention to the letter of
instruction.”
ROBERT J. KULAS
FLORIDA ESTATE AND MEDICAID PLANNING ATTORNEY

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Unlike manyof the other estateplanning tools we have discussed in the past,
letters of instructionareoften not well known by the generalpublic, even though
they serve an importantrolein the planning process. To help explainwhat a
letter of instructionis, what it does, and how it canhelp you, todaywe aregoing
to beginour first of a two-part discussionbytaking a look at some essential ideas.
MANAGING YOUR ESTATE
The estateplanning process, when looked at from a broader perspective, canbe
seen as primarilyexisting inorder to answer twoquestions. First, what happens
to your possessions after you die? Second, what happensto you and your

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possessions should you becomeincapacitated?In both of these situations
someone else will have to play an importantrole in managingyour propertyor
affairs. Depending on what happens to you, that person canbe your estate
administrator, anagent
under a power of attorney,
or a representativeunder
an advancemedical
directive.
For example, if you
becomeincapacitated,
your agent under your
financialpower of attorney
will have to step in to begin
managing your financialand propertyaffairsfor you. Will that agent know what
kind of propertyyou own? Will he or she know who to talkto about your bank
accounts, investment accounts, or other financialdetails?
The letter of instructionisdesigned to addressthese types of practical, day-to-
day questionsyour representativesmightface. It is a tool designed to help your
representativesasthey go about theprocess of carrying out your wishes, or
representing your propertyor interests. The letter is simplya document that
containsimportantinformationthat your representativeswillneed as they go
about their duties.

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LETTERS AND LEGALITIES
In our next discussionon thistopic we will get intothe detailsof what a letter of
instructionwillactuallycontain. However, it'simportant tounderstand that
letters of instructionaresignificantlydifferent thanmanyof the other estate
planning tools you will createbecauseof their relatively unique legal status.
Unlike, for example, a will or a power of attorney, Florida law does not directly
addresswhat you need to do to createa letter of instruction. Becauseofthis,
there areno formallegal requirementsthat you need to meet when you choose to
createsuch a letter.
Thisquasi-legalstatuscanbe double-edged sword. On one hand, the informal
natureof a letter of instructionmeansthat you arefree to make changesto the

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document whenever you like. You don't have to consult your attorney, you don't
have to make sure to have witnessessign the letter, and you don't have to have
anyone notarizeit. You can simply includeor remove whatever you want.
On the other hand, should a court one day get involved and be asked to enforce
the termsor conditionsyou place in your letter of instruction, it willnot do so.
Unlike other estateplanning tools, a Florida court will not look at your letter of
instructionasa legally enforceabledocument. If there are any choicesor desires
you expressin your letter, a court will ignorethem in favor of any other formally
recognized estateplanning tools you might havecreated.
So, while the letter of instructiongivesspecific benefits, it also hassignificant
limitationsofwhich you must be awarebeforeyou decideto includeone in your
estateplan.
SPEAKING TO YOUR ATTORNEY
A good estateplan is one you craft in light of your particular needs,
circumstances, and thelaws of thestatein which you live. Even though lettersof
instructionareinformaltools that canbe easily changed and amended, that
doesn't meanthat you should go about theprocess of creating a letter without
your attorney'shelp.

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In fact, becauselettersof instructionareso informal, making sure that they
includethe necessary
informationtohelp make
managing your estateeasier
is something you should only
do in light of the other estate
planning tools you and your
attorneydecideto create. If
you craft a letter of
instructionincorrectlyand
includethe wrong types of
directionsor information, thiscould actuallymakeyour letter more confusing
thanhelpful.
So, if you'd like to craft a letter of instruction, need help getting startedonan
estateplan, or have questions, you should contact usat your earliest convenience.

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About the Author
Robert J Kulas
Robert is the founder and principal shareholder in the Port St. Lucie and
VeroBeach law offices of Robert J. Kulas, P.A. Because he believes that
helping his clients manage their personal affairs wisely is one of the most
worthwhile professional activities he can pursue, he has devoted his
practice exclusively to estate planning.
Robert has invested considerable time and energy helping to educate
others in estate planning and is widely regarded as a dynamic speaker
who can make even the most complex estate planning issues easy tograsp. He provides free
monthly seminars to inform the public on the importance of proper estate planning. Over the
past twenty years, thousands of people have come to hear him speak. “Helping people
understand their options for estate planning is very important tome,” Robert said. “I like to
think that people in our community can look to me for the kind of quality information they
need to decide what is best for them and their families.”
About Robert J. Kulas, P.A. Attorneys at Law
Robert J. Kulas, P.A. Attorneys at Law is a full service estate planning and wealth preservation
law firm servicing Port St. Lucie and VeroBeach, Florida.
The firm is dedicated to providing you with quality estate planning resources, so you can
become familiar with all of the existing options. When you visit or call the office, we want you
to feel comfortable discussing such an important issue concerning both you and your family.
We want to arm you with the information you need to make an informed decision about your
family's future.
www.kulaslaw.com
East Lake Professional Center
2100 SE Hillmoor Drive, Suite 105
Port St. Lucie, FL 34952
Phone: (772) 398-0720
Univest Building
2770 Indian River Blvd., Suite 321
Vero Beach, FL 32960
Phone: (772) 778-8481