Posts

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

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 episod...

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

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 un...

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

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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 Sawye...

004: Innovative Strategies for Efficient Estate Management

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 ...

Navigating the Orlando Probate Process: What Every Executor Needs to Know

Key Takeaways Probate is a court-supervised process that ensures assets are properly distributed and debts are paid. In Florida, the executor is called a “personal representative,” and their duties are both legal and fiduciary. Summary administration is available for smaller estates or when more than two years have passed since death. Avoiding probate may be possible with strategies like trusts, joint ownership, and beneficiary designations. Effective communication, proper planning, and hiring an experienced probate attorney can ease emotional and legal burdens. Introduction Navigating the probate process can be overwhelming for families, especially after the loss of a loved one. In this episode of Life, Legacy and Wealth , estate planning and probate attorney Tom Moss of Sawyer & Sawyer, P.A. walks through what every personal representative (executor) needs to know to settle an estate in Florida. Whether you live in Orlando, Windermere, Winter Park, Winter Garden, Dr. P...

003: Mastering Florida Probate Process: Strategies for Effective Estate Planning and Legal Guidance

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 impor...

002: Mastering Florida’s Probate Process: A Guide to Estate Management and Legal Responsibilities

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 ...