021: Retiree, Business Owner, or Young Family: Trust Planning Isn’t One Size Fits All

By | Podcasts

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…

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021: Retiree, Business Owner, or Young Family: Trust Planning Isn’t One Size Fits All

By | Uncategorized

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…

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A Revocable Trust Won’t Protect You From Creditors, and Other Things Florida Families Get Wrong

By | Estate Planning

A Revocable Trust Will Not Protect You From Creditors, and Other Things Florida Families Get Wrong Most people walk into an estate planning consultation with a firm opinion about trusts, usually formed by a TikTok video or a cowboy-hat-wearing stranger on Instagram. The problem is that revocable and irrevocable trusts solve completely different problems, and confusing the two leads families to expect protection they will never get. What a Revocable Trust Actually Does A revocable trust exists for three reasons. First, it lets someone retain full control over assets during their lifetime, without juggling beneficiary designations across multiple accounts. Second, it plans for incapacity. If the person who created the trust becomes disabled, a named successor trustee can step in immediately, with no guardianship court proceeding required. Third, and most commonly requested, it avoids probate. Probate in Florida is a public, court-supervised process, and it is not cheap. The state…

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020: Does a Revocable Trust Protect You From Creditors? The Answer Might Surprise You

By | Podcasts

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…

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Why a Will Does Not Avoid Probate

By | Probate

Most high net worth families assume that once a will is drafted, their estate is protected. It is not. A will does not avoid probate. It simply tells a probate court what to do with assets after death, and probate itself comes with real costs. For a family with $10 million or more in assets, administrative fees through probate can run into significant sums. A properly funded trust avoids this process. An unfunded one, even if it exists on paper, does not. What the New Federal Exemption Actually Changed The federal estate tax exemption now sits at $15 million per person, or $30 million for a married couple, indexed for inflation. For most families, that number removes the tax question entirely. But estates above that threshold still face a 40% tax rate on the excess, payable within nine months of death. A single person with a $20 million estate, for…

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019: Florida Estate Planning for High Net Worth Families After the New Tax Law

By | Podcasts

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…

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What to Do in the First Weeks After a Dementia Diagnosis

By | Elder Care, Elder Fraud

A dementia or Alzheimer’s diagnosis brings a specific kind of fear into a family, fear about the parent’s health, and fear about decisions nobody has made yet. Attorney Cary Moss sees this fear walk through her office door every week. Her first job is rarely legal. It’s calming people down enough to start making decisions. The Diagnosis Alone Doesn’t Decide Legal Capacity A cognitive decline diagnosis by itself doesn’t prove someone can’t make decisions. Capacity exists on a spectrum, and someone in the early stages of dementia may still understand what a legal document does, who they’re naming, and what authority they’re handing over. Cary Moss meets with clients alone, without family in the room, specifically because someone else’s answers can mask what the client actually understands. If she’s uncertain, she’ll ask for a letter from the person’s doctor before moving forward. The diagnosis opens a conversation. It doesn’t decide…

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018: Power of Attorney and Dementia: What Florida Families Must Sign Before It’s Too Late

By | Podcasts

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…

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When Good Intentions Aren’t Enough: Protecting a Disabled Loved One’s Future

By | Estate Planning

Parents of children with disabilities carry a specific fear that standard estate planning was never built to address. They worry that leaving money directly to a disabled child will disqualify them from Medicaid, SSI, or other government benefits. That fear is valid. What families do with it, though, determines whether their planning actually works. The Two Mistakes That Show Up Most Often The first mistake is cutting the disabled child out of the estate entirely. Parents assume government benefits will cover everything indefinitely. They won’t, or at least they can’t be counted on to. Benefit programs change. Funding gets cut. A child who is fine today may have significantly different needs in ten years. The second mistake is leaving assets to a non-disabled sibling with an informal agreement to “take care” of the disabled family member. That sibling may have every intention of doing the right thing. But a lawsuit,…

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017: Special Needs Trusts: What Florida Families Must Know Before It’s Too Late

By | Podcasts

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…

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