Life, Legacy & Wealth - Navigating key decisions for you and your family

Many Florida families assume a Will keeps the family home out of court. Tom Moss of Sawyer & Sawyer explains why it doesn't, and how a lady bird deed, legally known as an enhanced life estate deed, passes real estate to loved ones without probate. The owner keeps the right to sell, rent, or mortgage the property for life. On their death, the named beneficiaries take ownership as soon as a death certificate goes on record with the county.

Tom also covers what the deed protects, including homestead creditor protection, Florida's property tax benefits, and the capital gains step-up in basis. He then flags when a trust makes more sense, such as when a beneficiary has special needs or an addiction.

The costs to probate a Florida home starts at $5,000. A properly drafted lady bird deed costs around $500, and for the right family, it skips court entirely.

In this episode, you will hear:

• Why a Will alone won't keep a Florida home out of probate

• How a lady bird deed lets owners sell, rent, or mortgage their property for life

• Homestead creditor protection and property tax benefits that stay intact

• The step-up in basis heirs lose when a parent adds a child to the title

• Why a Florida lady bird deed won't work on a North Carolina vacation home

• Family situations where a trust beats a lady bird deed

• Common DIY mistakes, from missing witnesses to unrecorded deeds

Resources from this Episode

https://sawyerandsawyerpa.com/estate-planning/

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Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Most seniors who sit down with Cary Moss believe their estate plan is in order. About 75% walk out surprised. The most common misconception? That a will keeps assets out of probate. In Florida, a will only controls assets in a person's individual name with no joint owner or beneficiary, and those assets still go through probate.

Cary walks Orlando seniors through six core documents: the last will and testament, revocable living trust, durable power of attorney, healthcare surrogate designation, living will, and HIPAA release. She explains Florida's two-witness rule and why out-of-state powers of attorney usually need an update.

She also shares the story of a client whose handwritten note on an asset spreadsheet failed to protect his four daughters, plus what every 18-year-old needs signed before heading off to college.

For anyone unsure their documents still fit their life, this is a clear place to start.

In this episode, you will hear:

• Why having a will does not keep assets out of probate in Florida

• The six documents every Orlando senior should have in place

• When a revocable living trust makes more sense than a will alone

• Florida signing rules that can invalidate DIY and online documents

• Why powers of attorney from other states usually need an update after a move

• How beneficiary designations and joint accounts can undo a well-intended plan

• Where to store original documents so family can reach them in a crisis

Resources from this Episode

https://sawyerandsawyerpa.com/estate-planning/

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We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Estate planning attorney Tom Moss joins the show to unpack a myth that trips up a lot of families: the idea that "irrevocable" means locked forever. Tom walks through how Florida law actually allows trusts to adapt, from trust protectors to the decanting process that can rewrite an estate plan after someone passes away. He also breaks down the three phases every revocable trust moves through and the exact moment it flips to irrevocable..

The conversation covers Florida's homestead protections, why families relocating from New York or New Jersey need to rethink their planning, and how the right trust structure shifts for retirees, business owners, and young families building wealth. Tom shares the "light bulb moments" that signal it's time to revisit an old plan, from a fiduciary who's passed away to a lawsuit nobody saw coming.

In this episode, you will hear:

• How trust protectors and decanting can modify an "irrevocable" trust after the fact

• The three phases every revocable trust moves through, and the moment it becomes irrevocable

• Florida's homestead laws and why they matter for anyone relocating from out of state

• The Constitutional limits on the devise of homestead property

• Why Florida's Medicaid planning options stand out compared to other states

• How trust strategy shifts for retirees, business owners, and young families

• The "light bulb moments" that signal an old estate plan needs a second look

Resources from this Episode

https://sawyerandsawyerpa.com/living-trust/

https://sawyerandsawyerpa.com/revocable-trust/

https://sawyerandsawyerpa.com/special-needs-planning/

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Revocable or irrevocable? Most families think they already know the answer, and most are wrong. This episode breaks down the real differences between the two trust types under Florida law, starting with the biggest misconception clients bring into the room: a revocable trust does not protect assets from creditors during your lifetime, no matter what a viral TikTok claims.

Tom Moss, estate planning attorney at Sawyer & Sawyer, P.A., walks through when a revocable trust makes sense for probate avoidance and incapacity planning, and when an irrevocable trust becomes necessary for genuine creditor protection, Medicaid planning, or providing for a family member with a disability. He explains the tradeoffs in plain terms, using real numbers and specific scenarios pulled straight from his own practice, down to what a $500,000 estate actually costs in probate.

Every family makes this trade, whether they realize it or not.

In this episode, you will hear:

• Why revocable and irrevocable trusts get confused so often, and the social media myths driving it

• The three real reasons families set up a revocable trust, from lifetime control to avoiding probate entirely

• What Florida probate actually costs, including attorney fees and personal representative fees on a $500,000 estate

• How a revocable trust protects against incapacity without a court-appointed guardianship

• Why a revocable trust offers zero creditor protection, even for a single person with no debt history

• The tradeoff at the heart of an irrevocable trust, protection and tax benefits in exchange for giving up control

• How irrevocable trusts serve very different purposes, from protecting a young heir to qualifying for Medicaid

Resources from this Episode

https://sawyerandsawyerpa.com/living-trust/

https://sawyerandsawyerpa.com/revocable-trust/

https://sawyerandsawyerpa.com/special-needs-planning/

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

A fifteen million dollar federal exemption sounds like permission to stop planning. Tom Moss, attorney at Sawyer and Sawyer, P.A., explains why that assumption costs wealthy families the most. This episode breaks down what actually changed under the new tax law, why a will never avoids probate, and what happens when an estate crosses that $15 million line at a 40% tax rate, a scenario more Central Florida families are facing as wealth from New York, California, and Illinois keeps moving south.

Tom walks through the residency tests Florida actually enforces, the homestead protections families overestimate, and the funding formulas buried in decade-old trusts that can quietly redirect an entire estate. He also covers what a first meeting with his firm looks like and why family dynamics matter as much as the balance sheet.

For any family sitting on real wealth, this conversation is the reality check worth hearing before something goes wrong, not after.

In this episode, you will hear:

• Why a will alone never avoids probate, even for multimillion dollar estates
• The new $15 million (single) and $30 million (married) federal exemption and who it still affects
• How lifetime gifts quietly reduce that exemption before death
• Florida residency requirements families get wrong after relocating from high tax states
• Homestead protections as a wealth preservation tool and where they stop
• Trust funding formulas from older estate plans that no longer match a family's actual intent
• What a first meeting with an estate planning attorney actually covers

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

This episode covers what families should do in the first weeks after a parent is diagnosed with dementia or Alzheimer's, from legal capacity to guardianship costs. Cary Moss explains the difference between a dementia diagnosis and a legal loss of capacity, and outlines which documents, including the durable power of attorney, living will, and healthcare surrogate, need to be signed first.

Cary Moss also details how guardianship works in Florida, including the timeline, court process, and typical costs, and explains why dementia patients are common targets for financial exploitation. She shares specific examples from her practice, including a client who lost $400,000 to a scam, and outlines Medicaid planning strategies that remain available even after a diagnosis.

Listeners will come away with a clear understanding of which steps to take first.

In this episode, you will hear:

• Why a dementia or Alzheimer's diagnosis does not automatically mean a parent has lost legal capacity
• The four documents to sign first, including durable power of attorney, living will, healthcare surrogate designation, and HIPAA release
• How Florida guardianship works, from the four to six week timeline to typical costs of $3,000 to $5,000 and up
• Why dementia patients are frequent targets for financial exploitation, with a real case involving $400,000 lost to a scam
• Medicaid crisis planning options still available after a diagnosis, including exempt assets, personal care contracts, and community spousal loans to a trust family member or friend
• The cost gap between nursing home Medicaid and the Home and Community Based Waiver Program for assisted living and home services
• Practical steps families can take now to monitor accounts, freeze credit, and watch for warning signs of exploitation

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

When a child has a disability, a standard estate plan can do real harm. Cary Moss, Managing Partner at Sawyer & Sawyer, P.A. and a Florida elder law attorney with nearly three decades of experience, breaks down exactly how supplemental needs trusts work, where they fail, and what families must do to protect a disabled loved one's benefits while still leaving them something to live on.

Cary covers the most common mistakes parents make, including cutting a disabled child out of the estate entirely or leaving funds informally to a sibling. She explains the full planning picture, from trustees and beneficiary advocates to trust protectors and guardian advocates, and why getting the legal language wrong can collapse the entire structure.

No family should wait for a crisis to start this conversation. The right plan, built now, protects everything.

In this episode, you will hear:

• Why cutting a disabled child out of an estate plan backfires, and what to do instead

• The hidden risks of leaving assets informally to a non-disabled sibling

• First-party vs. third-party special needs trusts and the drafting errors that can sink either one

• How a standalone third-party trust simplifies planning when multiple family members want to contribute

• The full planning team inside a well-built supplemental needs trust, from trustees to trust protectors to guardian advocates

• Why families should review the trust every two to three years and what life events demand an immediate update

• How to prepare for the first meeting with an attorney, including the conversations to have at home first

Resources from this Episode

https://sawyerandsawyerpa.com/special-needs-planning/

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

A $2,000 asset limit stands between a disabled beneficiary and the government benefits keeping them afloat. Elder law attorney Cary Moss joins the show to walk families through supplemental needs trusts and why getting this planning wrong can cost far more than money.

Cary breaks down the three types of trusts families encounter, first party, third party, and pooled, explains what each one covers, and draws a clear line between what a trust can pay for and what will trigger a loss of benefits. She also addresses Florida-specific programs, from ABLE United accounts to vetted pooled trust organizations like AGED and Guardian Trust Foundation.

The episode closes with a scenario every Orlando parent should hear: a $400,000 life insurance policy named the wrong beneficiary, and what that mistake sets in motion.

In this episode, you will hear:

• Why leaving money directly to a disabled child can eliminate their government benefits immediately
• The $2,000 asset threshold that determines SSI and Medicaid eligibility
• First party, third party, and pooled supplemental needs trusts and when each applies
• What a supplemental needs trust can and cannot pay for without triggering benefit loss
• How to choose the right trustee and what that person needs to know about public benefits
• Florida-specific resources including ABLE United accounts, AGED, and Guardian Trust Foundation
• Why understanding which Medicaid program a beneficiary is on matters before any planning begins

Resources from this Episode

https://sawyerandsawyerpa.com/special-needs-planning/

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

The day a child turns 18, parents lose the legal right to make any decision for them. Medical calls, financial disputes, lease negotiations, all of it. Cary Moss and Tom Moss, attorneys at Sawyer & Sawyer, P.A., lay out exactly what documents every young adult needs the moment that birthday hits: a durable power of attorney, a living will, a designation of healthcare surrogate, and a HIPAA release form.

Cary and Tom speak from personal experience. They have two sons, 22 and 20, and they've been through this themselves.

If your child is approaching 18, or already there, this episode tells you what to do and why waiting is a risk you don't want to take.

In this episode, you will hear:

• Why turning 18 changes everything for parents, legally and financially
• The durable power of attorney and what it actually covers
• Three healthcare documents every young adult needs in place
• How a living will differs from a healthcare surrogate designation
• What a HIPAA release form does and why it matters in an emergency
• Naming a primary and a backup fiduciary across all documents
• Why the Mosses got their own son's paperwork done the moment he turned 18

Resources from this Episode

Estate Planning For Young Adults - https://sawyerandsawyerpa.com/estate-planning-for-young-adults/

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Probate costs Florida families real money. Attorney's fees alone run 3% of the estate, and the personal representative takes another 3%, meaning a $1 million estate loses $60,000 before a single beneficiary sees a cent. In this episode, Tom Moss lays out three strategies that keep assets out of probate entirely: revocable living trusts, Lady Bird deeds, and beneficiary designations.

Tom explains why each tool fits certain situations and fails in others. A Lady Bird deed works well for a straightforward transfer to one healthy adult child. Add creditor issues, a disabled beneficiary, or siblings who don't get along, and a trust becomes the smarter call.

If you have ever assumed your estate plan covers all the bases, this episode will tell you whether it actually does.

In this episode, you will hear:

• Why probate costs Florida families up to 6% of the total estate value before any beneficiary collects anything
• Revocable living trusts, how they work, and why a poorly funded trust is just an expensive stack of paper
• Lady Bird deeds as a simple, low-cost option for straightforward property transfers, and when they fall short
• Beneficiary designations for bank accounts, investment accounts, IRAs, and insurance policies, and the hidden risks of getting them wrong
• Joint ownership with children and why it creates more problems than it solves
• How family dynamics, disabled beneficiaries, creditor issues, and out-of-country heirs all change the right strategy
• What an attorney intake process actually covers and why it determines which probate avoidance tools make the most sense

Resources from this Episode

https://sawyerandsawyerpa.com/probate/

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.