Sawyer & Sawyer Professional Association

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 anything Revocable living trusts, how they work, and why a poorly funded tru...

For many Florida families, Medicaid planning doesn’t become a priority until a loved one is already in crisis. By that point, options are limited and stress is high. The good news is that with the right knowledge and the right legal guidance, families can take meaningful steps to protect their assets, preserve their legacy, and ensure their loved ones get the care they need. Understanding the Five-Year Lookback Rule One of the most misunderstood aspects of Florida Medicaid is the five-year lookback rule. When someone applies for Medicaid, the state agency reviews all financial transactions made in the five years prior to the application. Any gifts or asset transfers made during that window can result in a penalty period — a stretch of time during which Medicaid will not cover long-term care costs. The earlier families understand this rule, the more planning options they have available. Legal Strategies for Protecting Assets Florida elder law attorneys have several legitimate tools ...

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 Medicaid planning Legal strategies for protecting assets — including spousal re...

Key Takeaways Choosing a trustee based on love alone is one of the most common — and costly — mistakes families make. A good trustee must be organized, financially savvy, compassionate, fair, firm, and available. Family member trustees can work beautifully in functional families, but can devastate relationships when dynamics are already strained. Professional (corporate) trustees are often the smarter choice when conflict is likely. Florida’s diverse communities — including many families in Orlando, Winter Park, Windermere, and across Orange, Seminole, Lake, and Osceola Counties — face a specific pitfall: naming a non-citizen trustee, which can trigger serious tax consequences. Clear “rules of the road” written into the trust document give trustees documented authority to say no — and protect them from being blamed personally for doing so. Successor trustees, professional support teams, and honest conversations about beneficiary weaknesses are all essential parts of getting trus...

When a loved one needs long-term care, families often discover — too late — that financial decisions made years earlier are now creating serious problems. Florida’s five-year Medicaid lookback rule is one of the most misunderstood aspects of elder law planning, and the consequences of getting it wrong can be devastating. What the Lookback Rule Actually Is When someone applies for Florida Medicaid long-term care benefits, the Department of Children and Families reviews five years of financial history. They are looking for any uncompensated transfers — gifts, property transfers, or asset movements where the applicant received nothing of equal value in return. The underlying logic is straightforward: if assets were given away, they could have been used to pay for care instead. Why Families Get It Wrong The most common mistake married couples make is transferring all joint assets into the healthier spouse’s name, assuming this sidesteps the rule. It does not. Medicaid looks at the comb...

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 assets to children or a spouse rar...