Many Florida families assume a Will keeps the family home out of court. Tom Moss of Sawyer & Sawyer explains why it doesn’t, and how a lady bird deed, legally known as an enhanced life estate deed, passes real estate to loved ones without probate. The owner keeps the right to sell, rent, or mortgage the property for life. On their death, the named beneficiaries take ownership as soon as a death certificate goes on record with the county. Tom also covers what the deed protects, including homestead creditor protection, Florida’s property tax benefits, and the capital gains step-up in basis. He then flags when a trust makes more sense, such as when a beneficiary has special needs or an addiction. The costs to probate a Florida home starts at $5,000. A properly drafted lady bird deed costs around $500, and for the right family, it skips court entirely. In…

Most seniors who sit down with Cary Moss believe their estate plan is in order. About 75% walk out surprised. The most common misconception? That a will keeps assets out of probate. In Florida, a will only controls assets in a person’s individual name with no joint owner or beneficiary, and those assets still go through probate. Cary walks Orlando seniors through six core documents: the last will and testament, revocable living trust, durable power of attorney, healthcare surrogate designation, living will, and HIPAA release. She explains Florida’s two-witness rule and why out-of-state powers of attorney usually need an update. She also shares the story of a client whose handwritten note on an asset spreadsheet failed to protect his four daughters, plus what every 18-year-old needs signed before heading off to college. For anyone unsure their documents still fit their life, this is a clear place to start. In this…

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…

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…

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…

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…

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…

A $2,000 asset limit stands between a disabled beneficiary and the government benefits keeping them afloat. Elder law attorney Cary Moss joins the show to walk families through supplemental needs trusts and why getting this planning wrong can cost far more than money. Cary breaks down the three types of trusts families encounter, first party, third party, and pooled, explains what each one covers, and draws a clear line between what a trust can pay for and what will trigger a loss of benefits. She also addresses Florida-specific programs, from ABLE United accounts to vetted pooled trust organizations like AGED and Guardian Trust Foundation. The episode closes with a scenario every Orlando parent should hear: a $400,000 life insurance policy named the wrong beneficiary, and what that mistake sets in motion. In this episode, you will hear: Why leaving money directly to a disabled child can eliminate their government benefits…

The day a child turns 18, parents lose the legal right to make any decision for them. Medical calls, financial disputes, lease negotiations, all of it. Cary Moss and Tom Moss, attorneys at Sawyer & Sawyer, P.A., lay out exactly what documents every young adult needs the moment that birthday hits: a durable power of attorney, a living will, a designation of healthcare surrogate, and a HIPAA release form. Cary and Tom speak from personal experience. They have two sons, 22 and 20, and they’ve been through this themselves. If your child is approaching 18, or already there, this episode tells you what to do and why waiting is a risk you don’t want to take. In this episode, you will hear: Why turning 18 changes everything for parents, legally and financially The durable power of attorney and what it actually covers Three healthcare documents every young adult needs in…

Probate costs Florida families real money. Attorney’s fees alone run 3% of the estate, and the personal representative takes another 3%, meaning a $1 million estate loses $60,000 before a single beneficiary sees a cent. In this episode, Tom Moss lays out three strategies that keep assets out of probate entirely: revocable living trusts, Lady Bird deeds, and beneficiary designations. Tom explains why each tool fits certain situations and fails in others. A Lady Bird deed works well for a straightforward transfer to one healthy adult child. Add creditor issues, a disabled beneficiary, or siblings who don’t get along, and a trust becomes the smarter call. If you have ever assumed your estate plan covers all the bases, this episode will tell you whether it actually does. In this episode, you will hear: Why probate costs Florida families up to 6% of the total estate value before any beneficiary collects…

In this episode of Life, Legacy & Wealth, Cary Moss breaks down everything families need to know about Medicaid planning — before a crisis forces their hand. From the five-year lookback rule to irrevocable trusts, spousal refusal, and the caregiver child exception, Cary walks through the legal strategies available to Florida families who want to protect their assets and preserve their legacy without running afoul of Medicaid rules. Cary brings years of hands-on elder law experience to the conversation, offering practical guidance on what documents to gather, what questions to ask when hiring an elder law attorney, and what steps families can take right now — even if a nursing home is still years away. If there’s one thing to take away from this episode, it’s this: don’t wait for a crisis to start planning. In this episode, you will hear: The five-year lookback rule and why timing is everything…

In this episode, Cary Moss breaks down one of the most misunderstood rules in Florida elder law — the five-year Medicaid lookback period. Families are constantly caught off guard by this rule, making costly mistakes like transferring assets to children or adding names to property deeds, only to discover these moves can trigger serious penalties when it comes time to apply for Medicaid. Cary walks through how penalty periods are calculated, which transfers are exempt, and how tools like personal care contracts can protect a family’s assets while staying fully compliant. She also tackles tricky real-world scenarios — from grandparents paying college tuition to families compensating a child for in-home caregiving — and explains how proper documentation can mean the difference between approval and denial. Don’t let a lack of planning cost your family everything — this episode could save you thousands. In this episode, you will hear: Why transferring…