ESTATE PLANNING AND ELDER LAW ATTORNEYS

Sep 16
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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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Sep 01
0
lake houses with pools

Estate Planning for High-Net-Worth Families in Florida: Strategies That Save Millions

By | Estate Planning, Probate

Key Takeaways A will does not avoid probate — and on a $10 million+ estate, that distinction alone can cost families hundreds of thousands of dollars in administrative fees. The federal estate tax exemption is now permanently set at $15 million per person ($30 million per married couple), indexed for inflation — but that number alone is not a plan, and the $30 million combined exemption does not happen automatically. Florida’s lack of state income and estate tax is a powerful advantage, but simply buying a home here is not enough to establish legal residency — and aggressive states will look hard at the evidence. Revocable trusts provide zero creditor protection while you’re alive. For married couples in high-risk professions, tenancy by the entirety may actually offer stronger protection than a revocable trust. High-net-worth estate planning requires coordinated communication between your attorney, CPA, financial advisor, and insurance agent — when…

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Aug 12
0

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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Jul 29
0
elderly woman and caregiver

Crisis Planning: Immediate Steps When Dementia Strikes a Parent

By | Elder Care

Key Takeaways A dementia diagnosis does not automatically mean a parent has lost legal capacity — there may still be a window to get critical documents signed, but that window can close without warning. The two most dangerous mistakes families make right after a diagnosis are transferring assets impulsively to “hide” them and downloading generic legal documents from the internet that don’t meet Florida’s requirements. The durable power of attorney is the single most important document in any elder law or Medicaid crisis planning situation — without it, an attorney’s recommendations can be very limited.. Medicaid crisis planning is still possible even after a diagnosis — Florida offers meaningful options for both married couples and single individuals, but the right documents must be in place to implement them. Dementia patients are statistically the number one target for financial exploitation. Practical protective steps — online account monitoring, credit freezes, and regular…

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Jul 29
0

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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