Sawyer & Sawyer

Key Takeaways A direct inheritance of just $2,001 can immediately disqualify a person with disabilities from SSI and Medicaid — two programs that have a hard $2,000 asset cap. Generally, there are three types of special needs trusts — first-party, third-party, and pooled — and choosing the wrong one, or drafting it incorrectly, can invalidate the entire structure. A third-party supplemental needs trust is the most common and most flexible tool for parents doing proactive estate planning — it requires no Medicaid payback and allows remaining assets to pass to other family members. A supplemental needs trust is only one piece of the plan. A complete picture also includes a trustee, a beneficiary’s advocate, a trust protector, and a guardian advocate working together. Planning should start as early as possible — there is no age too young — and the plan should be reviewed every two to three years, or…

📋 Key Takeaways Choosing a trustee based on love alone is one of the most common — and costly — mistakes families make. A good trustee must be organized, financially savvy, compassionate, fair, firm, and available. Family member trustees can work beautifully in functional families, but can devastate relationships when dynamics are already strained. Professional (corporate) trustees are often the smarter choice when conflict is likely. Florida’s diverse communities — including many families in Orlando, Winter Park, Windermere, and across Orange, Seminole, Lake, and Osceola Counties — face a specific pitfall: naming a non-citizen trustee, which can trigger serious tax consequences. Clear “rules of the road” written into the trust document give trustees documented authority to say no — and protect them from being blamed personally for doing so. Successor trustees, professional support teams, and honest conversations about beneficiary weaknesses are all essential parts of getting trustee selection right. Introduction…

Key Takeaways A will always goes through probate, even if it’s simple—while a properly funded trust can avoid court altogether. Your personal situation determines the best tool: beneficiaries, assets, and family dynamics all influence the choice between a will or trust. Trusts offer privacy and control, making them a strong choice for complex estates or families with special needs. Estate planning is not one-size-fits-all: in Florida, local laws like homestead protections can complicate matters if not handled properly. Regular updates are crucial: outdated or unfunded documents can undo your best-laid plans. Introduction Thinking about your estate plan can feel overwhelming—especially when you’re trying to decide between a will or a trust. If you’re in Central Florida—anywhere from Orlando and Winter Garden to Windermere or Dr. Phillips—you’re not alone in asking: Which option is right for me? In this episode of Life, Legacy, and Wealth, estate planning attorney Tom Moss of…

Key Takeaways Probate is a court-supervised process that ensures assets are properly distributed and debts are paid. In Florida, the executor is called a “personal representative,” and their duties are both legal and fiduciary. Summary administration is available for smaller estates or when more than two years have passed since death. Avoiding probate may be possible with strategies like trusts, joint ownership, and beneficiary designations. Effective communication, proper planning, and hiring an experienced probate attorney can ease emotional and legal burdens. Introduction Navigating the probate process can be overwhelming for families, especially after the loss of a loved one. In this episode of Life, Legacy and Wealth, estate planning and probate attorney Tom Moss of Sawyer & Sawyer, P.A. walks through what every personal representative (executor) needs to know to settle an estate in Florida. Whether you live in Orlando, Windermere, Winter Park, Winter Garden, Dr. Phillips, or the surrounding…