Podcasts

Choosing the right trustee is one of the most important — and most overlooked — decisions in estate planning. In this episode, attorney Tom Moss breaks down what families need to know before naming a trustee, from red flags that signal the wrong choice to the “desired behaviors” clauses that can reduce family conflict before it starts. Tom also tackles the co-trustee question, the case for corporate trustees, and why “keeping things equal” isn’t always the right approach. Whether a trust is already in place or just getting started, this episode offers a practical roadmap for making one of the most consequential decisions a family will face. In this episode, you will hear: Why “keeping things equal” can actually breach the peace Red flags that disqualify a trustee before they even start How “desired behaviors” clauses give trustees clear guidance When co-trustees are a blessing — and when they’re a…

Choosing the right trustee can protect a family’s legacy—or create years of conflict. In this episode, Tom Moss breaks down what trustee selection really means and why it goes far beyond picking the child who is “good with money.” He explains the true definition of a fiduciary, the legal duties involved in trust administration, and the emotional weight placed on someone asked to manage assets for siblings or loved ones. Tom walks through the practical differences between trustees and personal representatives, common family conflict triggers, co-trustee pitfalls, corporate trustee pros and cons, and Florida-specific considerations like annual accountings and U.S. citizenship requirements. If an estate plan is meant to preserve both wealth and relationships, this conversation offers a clear roadmap for doing both well. In this episode, you will hear: What a fiduciary really is and the legal duties of a trustee Trustee vs personal representative and why court oversight…

In today’s episode of Life, Legacy & Wealth, we continue the conversation around Medicaid planning, nursing home costs, and asset protection—and the costly mistakes families often make when they try to navigate this process on their own. I’m joined again by elder law attorney Cary Moss, who shares real-world examples from her practice that show how well-intended decisions can create serious financial and legal problems if they’re not done correctly. Cary breaks down common red flags, including gifting assets, adding children to accounts, misunderstanding special needs trusts, and relying on incorrect advice from friends or the internet. We also walk through a powerful success story that shows how proper planning can protect a spouse, preserve assets, and bring peace of mind during an incredibly stressful time. If you or your family are thinking about long-term care, Medicaid eligibility, or protecting what you’ve worked so hard to build, this is a…

In this episode, we dive into the real cost of nursing home care and why Medicaid planning is a critical tool for asset protection for seniors and their families. Attorney Cary Moss explains why nursing home costs often come as a shock, clarifies the difference between Medicare and Medicaid, and breaks down how long-term care is actually paid for. The conversation focuses on practical strategies to protect savings, homes, and retirement assets while still qualifying for Medicaid benefits. Cary shares common myths about Medicaid planning, outlines what assets are considered exempt versus countable, and walks through both pre-planning and crisis planning options designed to preserve family wealth and reduce financial stress. If you’re worried about long-term care expenses, this episode offers clear, actionable guidance to help protect your assets and plan with confidence. In this episode, you will hear: Medicare vs Medicaid and what actually covers long-term care The true…

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,…

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…

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…

Unlock the secrets to a seamless estate settlement in Florida with Cary Moss. Gain valuable insights into what makes an estate settlement process smooth versus complex, and learn how to avoid common pitfalls. From the importance of organized documentation to the dynamics among beneficiaries and personal representatives, Cary shares her wealth of knowledge with real-life examples that illuminate both the triumphs and challenges in the world of probate. We’ll navigate the intricate maze of Florida’s homestead laws and the unique hurdles that out-of-state personal representatives often encounter. Discover strategies to manage the 90-day creditor period that can impact property transfers, and understand the critical role of consensus among heirs, especially in intestate estates or when a will is contested. Cary also demystifies the concept of summary administration, helping you identify when it’s advantageous and when formal administration becomes a necessity. In this episode, you will hear: Navigating Florida’s complex estate…

Unlock the secrets to more efficient estate planning and fortify your family’s legacy with our latest episode of Life, Legacy, and Wealth. Once again facilitated by producer, Danny Ozment, Tom will help you navigate the often-confusing world of probate in Florida, especially when dealing with unique scenarios like out-of-state heirs or vacation properties. We dissect the complexity of contested wills and highlight why securing prompt legal representation is crucial in adversarial probate cases.  Skip the headaches of probate with strategic insights into asset management. We share effective methods to ensure a seamless transfer of assets upon death, including the use of trusts, beneficiary designations, and joint ownership with survivorship rights. Whether you’re planning for a child with special needs or managing complex family dynamics, personalized estate planning is key. Our discussions also cover practical tips for adult children assisting aging parents, emphasizing the importance of maintaining an updated asset inventory…

Unlock the secrets of mastering Florida’s probate process and breeze through estate management with confidence. We demystify the probate process in Orlando, providing essential guidance for personal representatives to safeguard the deceased’s home and locate vital estate planning documents. Our episode clears up common misconceptions—such as the mistaken belief that a will negates the need for probate or that creditors can be ignored—ensuring you’re fully prepared to face the realities of estate management. The detailed discussion takes you through the labyrinth of Florida’s probate system, a court-supervised procedure designed to manage and distribute a deceased person’s estate. We break down the roles and responsibilities of personal representatives and probate attorneys, from inventorying assets and notifying creditors to the critical task of asset distribution. Learn about the timelines and distinctions between formal and summary administration, and gain insights into navigating potential complications, such as dealing with multiple creditors and understanding Florida’s…