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…

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…

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…

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…

In this episode of Life, Legacy & Wealth, Cary Moss breaks down everything families need to know about Medicaid planning — before a crisis forces their hand. From the five-year lookback rule to irrevocable trusts, spousal refusal, and the caregiver child exception, Cary walks through the legal strategies available to Florida families who want to protect their assets and preserve their legacy without running afoul of Medicaid rules. Cary brings years of hands-on elder law experience to the conversation, offering practical guidance on what documents to gather, what questions to ask when hiring an elder law attorney, and what steps families can take right now — even if a nursing home is still years away. If there’s one thing to take away from this episode, it’s this: don’t wait for a crisis to start planning. In this episode, you will hear: The five-year lookback rule and why timing is everything…

In this episode, Cary Moss breaks down one of the most misunderstood rules in Florida elder law — the five-year Medicaid lookback period. Families are constantly caught off guard by this rule, making costly mistakes like transferring assets to children or adding names to property deeds, only to discover these moves can trigger serious penalties when it comes time to apply for Medicaid. Cary walks through how penalty periods are calculated, which transfers are exempt, and how tools like personal care contracts can protect a family’s assets while staying fully compliant. She also tackles tricky real-world scenarios — from grandparents paying college tuition to families compensating a child for in-home caregiving — and explains how proper documentation can mean the difference between approval and denial. Don’t let a lack of planning cost your family everything — this episode could save you thousands. In this episode, you will hear: Why transferring…

Choosing the right trustee is one of the most important — and most overlooked — decisions in estate planning. In this episode, attorney Tom Moss breaks down what families need to know before naming a trustee, from red flags that signal the wrong choice to the “desired behaviors” clauses that can reduce family conflict before it starts. Tom also tackles the co-trustee question, the case for corporate trustees, and why “keeping things equal” isn’t always the right approach. Whether a trust is already in place or just getting started, this episode offers a practical roadmap for making one of the most consequential decisions a family will face. In this episode, you will hear: Why “keeping things equal” can actually breach the peace Red flags that disqualify a trustee before they even start How “desired behaviors” clauses give trustees clear guidance When co-trustees are a blessing — and when they’re a…

Choosing the right trustee can protect a family’s legacy—or create years of conflict. In this episode, Tom Moss breaks down what trustee selection really means and why it goes far beyond picking the child who is “good with money.” He explains the true definition of a fiduciary, the legal duties involved in trust administration, and the emotional weight placed on someone asked to manage assets for siblings or loved ones. Tom walks through the practical differences between trustees and personal representatives, common family conflict triggers, co-trustee pitfalls, corporate trustee pros and cons, and Florida-specific considerations like annual accountings and U.S. citizenship requirements. If an estate plan is meant to preserve both wealth and relationships, this conversation offers a clear roadmap for doing both well. In this episode, you will hear: What a fiduciary really is and the legal duties of a trustee Trustee vs personal representative and why court oversight…

In today’s episode of Life, Legacy & Wealth, we continue the conversation around Medicaid planning, nursing home costs, and asset protection—and the costly mistakes families often make when they try to navigate this process on their own. I’m joined again by elder law attorney Cary Moss, who shares real-world examples from her practice that show how well-intended decisions can create serious financial and legal problems if they’re not done correctly. Cary breaks down common red flags, including gifting assets, adding children to accounts, misunderstanding special needs trusts, and relying on incorrect advice from friends or the internet. We also walk through a powerful success story that shows how proper planning can protect a spouse, preserve assets, and bring peace of mind during an incredibly stressful time. If you or your family are thinking about long-term care, Medicaid eligibility, or protecting what you’ve worked so hard to build, this is a…

In this episode, we dive into the real cost of nursing home care and why Medicaid planning is a critical tool for asset protection for seniors and their families. Attorney Cary Moss explains why nursing home costs often come as a shock, clarifies the difference between Medicare and Medicaid, and breaks down how long-term care is actually paid for. The conversation focuses on practical strategies to protect savings, homes, and retirement assets while still qualifying for Medicaid benefits. Cary shares common myths about Medicaid planning, outlines what assets are considered exempt versus countable, and walks through both pre-planning and crisis planning options designed to preserve family wealth and reduce financial stress. If you’re worried about long-term care expenses, this episode offers clear, actionable guidance to help protect your assets and plan with confidence. In this episode, you will hear: Medicare vs Medicaid and what actually covers long-term care The true…

Tom Moss breaks down the real differences between wills and trusts in Florida, with a clear focus on probate, privacy, cost, and long-term control. He explains how probate works, why trusts can help families avoid court oversight, and how proper planning can speed up asset distribution while protecting sensitive family and financial details. Early in the discussion, Tom Moss draws on his experience in estate planning to clarify common misconceptions and highlight when a trust can offer meaningful advantages over a simple will. The conversation covers trust funding, execution mistakes, trustee selection, and how small wording choices can create major legal consequences. Tom also shares practical guidance on updating estate plans after moving to Florida, navigating homestead laws, and avoiding costly errors from DIY or outdated documents. This is a concise, practical episode for anyone deciding between a will and a trust or revisiting their estate plan. In this episode,…

Wills and trusts are often treated like simple checkboxes, but the reality is far more nuanced. In this episode of Life, Legacy & Wealth, Tom Moss breaks down how Florida residents should really think about wills versus trusts, and why the “right” choice depends on far more than estate size. Tom explains how incapacity planning, beneficiary structure, asset types, and family dynamics all factor into building an effective plan. Tom brings decades of practical experience helping families navigate probate, estate administration, and long-term planning. He cuts through common myths, explains why a will does not avoid probate, when trusts are overused, and how real-world complications like out-of-state property, special needs beneficiaries, or strained family relationships can change everything. If you’ve ever wondered whether you truly need a will, a trust, or something more tailored, this conversation offers clear, grounded guidance to help you plan with confidence. In this episode, you…