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/
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