Trust Me, It’s Complicated: Estate Planning & Probate Made Simple

How long will probate take, and what will it cost? Florida families ask John Marshall those two questions constantly, and the answers hinge on details most people never consider until a parent dies. In this episode, John explains the difference between testate and intestate estates, when an estate qualifies for summary probate under the $150,000 threshold, and why a Florida homestead usually stays out of the probate estate.

He walks through the four phases of formal probate, from appointing a personal representative to closing the estate. He also shares cases that stretched the timeline: a beneficiary who keeps moving without notice, a parent’s assets locked behind email passwords, and a Michigan will that added over two months. Then he explains why waiting out Florida’s two-year creditor window can leave more money for the family.

Families who plan for probate pay less and wait less, and John shows where to start.

In this episode, you will hear:

Resources from this Episode

Get Your Free Guide - Florida homestead law works differently from the state you came from. This free guide covers the five assumptions that cost families here the most: https://go.marshalllawpa.com/optin 

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John Marshall opens this episode of Trust Me, It's Complicated by tackling a rule that trips up more families than almost any other part of Medicaid planning: the five year lookback. He explains why Medicaid requires five years of bank statements, what actually counts as a gift in their eyes, and how something as ordinary as helping a daughter with a down payment can create years of ineligibility down the road. He also breaks down the monthly divisor calculation Medicaid uses to set penalties, and clears up a common misconception about when that penalty clock actually starts.

Along the way, John shares a real client story involving a transferred homestead property and a family relationship that fractured before the problem could be fixed, plus a legal alternative worth knowing: the caregiver agreement.

Anyone weighing a gift, a transfer, or a future Medicaid application should hear this one first.

In this episode, you will hear:

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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.

Attorney John Marshall tackles one of the most common questions he hears in his Central Florida office: can Medicaid take your house? Many new Florida residents arrive assuming state Medicaid rules mirror what they left behind in Ohio, Pennsylvania, or New York, and that assumption can cost them thousands in unnecessary spend-down before they ever ask for legal advice.

Marshall breaks down why Florida treats homestead property differently, including the actual equity cap that determines whether a home stays protected, and explains how families can use HELOCs, caregiver agreements, and smart estate planning to preserve a home's value instead of losing it. He also flags the outdated will and trust language, often carried over from another state's estate plan, that quietly strips away homestead protections after death.

This episode replaces guesswork with the actual rules, and the numbers that matter.

In this episode, you will hear:

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Most people think a will and a trust do the same job. John Marshall explains why that assumption costs families time, money, and control over their own estate. In this episode, he breaks down the real difference between the two: a will only takes effect after death, while a trust operates before and after, working as a bridge that can keep assets out of probate court entirely.

Marshall walks through pour-over wills, guardian nominations for minor children, and the gap between a standard power of attorney and a durable one. He shares real client scenarios, including cases involving special needs beneficiaries and family members who weren't equipped to manage a trustee's responsibilities.

The choice isn't will versus trust. It's which tool fits the estate in front of you.

In this episode, you will hear:

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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.

Lady bird deeds are one of the most searched estate planning tools in Florida, and one of the most misunderstood. In this episode, attorney John Marshall lays out exactly what a lady bird deed is, how it compares to a standard life estate, and why the distinction matters for anyone trying to keep their home out of probate.

John walks through the real benefits: probate avoidance, step-up in basis for heirs, Florida homestead protection, and why holding property in trust alone creates HELOC and refinancing problems that a lady bird deed avoids. He also pulls from actual cases where the tool backfired: missing beneficiaries, partition actions, and families locked in disputes over property no one can sell.

John Marshall has been drafting lady bird deeds since 2009. That experience comes through in every example.

The right tool only works when it fits the plan. This episode helps listeners make that call.

In this episode, you will hear:

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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 people put off estate planning because they assume it doesn't apply to them yet. Too young. Not wealthy enough. Already owns everything jointly with a spouse. Attorney John Marshall has heard every version of these assumptions, and in this episode, he dismantles five of the most common estate planning myths that quietly leave families exposed, financially strained, or fighting over guardianship in probate court.

John pulls from real cases at his practice near The Villages, Florida, the largest retirement community in the country, walking through scenarios most people never see coming: an 18-year-old without a healthcare directive, a mother whose account got garnished because of her daughter's debt, and parents killed simultaneously with no plan in place.

The law doesn't wait for a convenient time. Neither should your estate plan.

In this episode, you will hear:

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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 Florida families have the estate planning conversation too late, and it costs them. In this episode, attorney John Marshall cuts through five of the most common estate planning myths, the ones that have already cost real families tens of thousands of dollars. From the assumption that a spouse automatically inherits everything to the belief that a will skips probate, Marshall explains what Florida law actually says and why it rarely matches what people expect.

John draws on 20 years of probate and estate planning experience to show why these issues hit small estates just as hard as large ones. Homestead rules, minor beneficiaries, guardianship costs, and the difference between a will and a trust all get covered.

If you think your plan is solid, this episode will tell you whether it actually is.

In this episode, you will hear:

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Episode Credits

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Trust Me, It’s Complicated is the estate planning podcast from Marshall Law where real families get real clarity—without the legal jargon. Attorney John Marshall breaks down estate planning, trust administration, probate, guardianship, tax law, Medicaid planning, and business-law essentials in a way that’s approachable, educational, and occasionally funny (because yes… this stuff is complicated). Each episode helps you protect your wishes while you’re alive, reduce stress for your loved ones after you’re gone, and make confident decisions when life forces hard next steps. 

Expect straightforward answers to the questions families ask every day—like “Do I need a will or a trust?” “What is a ladybird deed?” and “How do I choose a successor trustee?”—plus guidance for beneficiaries navigating creditors and the often long, drawn-out probate process. 

What happens to your pets when you're gone? In this episode of Trust Me, It's Complicated, attorney John Marshall breaks down the often-overlooked world of Pet Trusts — and why every animal lover needs one. From dogs and cats to horses and betta fish, Florida Statute section 736.0408 makes it possible to ensure your pets are cared for with the same love and attention you'd provide yourself.

John walks through the three essential roles in any Pet Trust — caretaker, trustee, and enforcer — and explains why the money should always follow the pet.

Plus, hear the real-life story that says it all: an elderly widower who thought he'd never own another dog — until Pet Trusts changed everything. If you love your pets, this episode is for you.

In this episode, you will hear:

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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.

Estate planning isn’t just about paperwork. It hinges on whether a person has the mental clarity to make legally valid decisions in the first place. In this episode of Trust Me, It’s Complicated, attorney John Marshall breaks down the concept of testamentary capacity and why it’s one of the most critical, and misunderstood, foundations of estate planning. From wills and trusts to dementia diagnoses and family conflict, John explains how capacity is evaluated and why it matters at the exact moment documents are signed.

Drawing on real-world examples from his practice at Marshall Law, John walks through how attorneys assess mental soundness, protect clients from undue influence, and help ensure estate plans hold up if challenged later. He also addresses common myths around aging, illness, and capacity.

If you’re planning ahead or caring for someone who is, this episode offers clarity you don’t want to miss.

In this episode, you will hear:

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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.