ESTATE PLANNING AND ELDER LAW ATTORNEYS

person with a walker

How to Protect Your Assets from Florida Nursing Home Costs

By | Elder Care, Medicaid, Nursing Home

A Conversation with Elder Law Attorney Cary Moss of Sawyer & Sawyer, P.A. Key Takeaways Medicare does NOT cover long-term nursing home care — Medicaid does, if you qualify. These are two very different programs with very different rules. Florida nursing home costs range from $10,000 to $18,000 per month. Without planning, these costs can devastate a family’s finances. Many assets are already exempt under Florida Medicaid rules — including your home, retirement accounts, and your car — which means most people have more options than they realize. Medicaid planning mistakes (such as giving money to children, adding them to accounts, or acting on advice from other states) can make things significantly worse. Work with a Florida elder law attorney. It is almost never too late to do something. Even in a crisis, a comprehensive Durable Power of Attorney unlocks powerful legal options to protect your assets.   Introduction Few…

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The Hidden Risks of DIY Medicaid Planning

By | Medicaid

Many families try to protect assets from nursing home costs on their own, often acting out of urgency or fear. Unfortunately, well-intentioned moves like gifting money to children or transferring property without guidance can create serious problems. Medicaid has a five-year lookback period, and improper transfers can result in lengthy periods of ineligibility right when care is needed most. Once the gifted money is gone, it is not always possible to reverse those decisions, leaving families exposed at the worst possible time. Common Asset Protection Mistakes Families Make One of the most frequent mistakes is adding children to bank accounts, investment accounts, or deeds in an attempt to reduce countable assets. Medicaid generally treats jointly held assets as fully available to the applicant unless strict proof shows otherwise. These changes can also trigger unintended tax consequences, reduce stepped-up basis, and create ownership complications that are difficult to unwind later. What…

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Medicaid Planning and the Rising Cost of Nursing Home Care

By | Medicaid

For many seniors and their families, nursing home costs come as a financial shock. Monthly expenses can reach five figures, quickly draining savings that took a lifetime to build. One of the biggest sources of confusion is the assumption that Medicare will cover long-term care. In reality, Medicare offers limited short-term coverage, while Medicaid planning is often the primary path to managing ongoing nursing home expenses. Understanding how Medicaid works, what it covers, and how eligibility is determined is essential for families who want to protect assets while securing necessary care. Medicare vs Medicaid and What Families Need to Know Medicare is a federal health insurance program designed primarily for people aged 65 and older, but it does not cover long-term nursing home care. Medicaid, by contrast, is a joint federal and state program that can pay for long-term care for individuals who meet specific income and asset requirements. This…

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Do I Need a Will or a Trust in Florida? Here’s How to Decide

By | Estate Planning

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…

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Understanding Wills, Trusts, and Probate in Florida

By | Probate

Estate planning often feels overwhelming, but at its core, it is about protecting your family, preserving your assets, and ensuring your wishes are honored. In Florida, understanding the differences between wills and trusts is especially important because of probate rules, homestead laws, and privacy considerations. Making informed decisions now can save your loved ones time, money, and stress later. What Probate Is and Why It Matters Probate is the court-supervised process of gathering a deceased person’s assets, paying debts and taxes, and distributing what remains to beneficiaries. Any assets titled in an individual’s name at death without a joint owner or named beneficiary are generally subject to probate. Because this process involves court oversight, it can be slow, costly, and public. Court filings, including the will and asset distributions, become accessible to anyone who looks them up. For families who value privacy or want to minimize legal expenses, avoiding probate…

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