ESTATE PLANNING AND ELDER LAW ATTORNEYS

007: How to Decide Between a Will and a Trust in Florida – Part 2

By | Podcasts

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on updating estate plans after moving to Florida, navigating homestead laws, and avoiding costly errors from DIY or outdated documents.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,…

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Executors and Heirs: How to Navigate Probate Timelines, Conflict, and Liability

By | Estate Planning

Probate administration often brings together legal obligations and deeply personal family dynamics. When expectations are unclear or deadlines are missed, even well-intentioned estates can unravel into conflict, delay, and liability. Understanding how the process works—and where things commonly go wrong—can make a meaningful difference for executors and heirs alike. Setting Expectations to Prevent Conflict One of the most effective ways to reduce conflict during estate administration is clear communication from the start. Beneficiaries often assume probate should move quickly, but the process is governed by statutory steps that must happen in a specific order. Explaining timelines, required filings, and unavoidable waiting periods early helps prevent frustration later. Visual tools such as timelines or flowcharts can be especially helpful, giving everyone a shared reference point for where the estate stands and what comes next. Understanding Probate Timelines Probate is driven by deadlines, and missing them can have serious consequences. Within the…

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006: How to Decide Between a Will and a Trust in Florida – Part 1

By | Podcasts

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…

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005: Executors and Heirs in Florida Probate: Duties, Risks, and Best Practices

By | Podcasts

Estate administration can feel overwhelming, especially when emotions, family dynamics, and legal deadlines collide. In this episode of Life, Legacy, and Wealth, we break down how probate really works behind the scenes and what families need to know to avoid unnecessary conflict, delays, and personal liability. From setting clear expectations with beneficiaries to understanding why timelines matter, this conversation offers a practical roadmap for keeping an estate on track while protecting everyone involved. You’ll hear a clear, plain-language walkthrough of the probate process, including early distributions, creditor claims, court deadlines, and the common mistakes that can put a personal representative at risk. The episode also explores real-world challenges like out-of-state beneficiaries, safeguarding estate assets, and how proactive communication and modern tools can prevent small issues from becoming major disputes. If you’re serving as a personal representative or want to understand what really happens during probate, this episode will help you…

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house in a forest

Settling an Estate in Florida: What Executors and Heirs Need to Know

By | Probate

Key Takeaways Florida’s probate process varies widely depending on estate size, asset type, and family cooperation. Executors (called personal representatives in Florida) carry significant responsibilities—and risks—if deadlines are missed. Homestead laws, creditor claims, and summary administration can all complicate settlement if not handled properly. Communication between family members is essential to minimize conflict, delays, and misunderstandings. A structured, 90-day roadmap can help keep the probate process on track from day one. Introduction Settling a loved one’s estate is a responsibility few people are fully prepared for—especially when it happens in a state with unique probate rules like Florida. Whether you’re a designated executor, now called a personal representative, or one of several heirs hoping for a smooth transition, understanding how the Florida probate system works is essential. In this episode of Life Legacy & Wealth, Cary Moss of Sawyer & Sawyer, P.A. walks listeners through the estate settlement process with…

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