Sawyer & Sawyer Professional Association

Probate is a court process. That one fact changes everything. The moment an asset requires court involvement to transfer, you need an attorney, a judge, a creditor period, and months of waiting. In Florida, attorney’s fees run 3% of the estate and the personal representative takes another 3%. On a $1 million estate, that’s $60,000 out the door before any beneficiary collects a cent. The good news is that probate is avoidable, and Florida residents have three solid tools to do it. Revocable Living Trusts A revocable living trust transfers your assets from your individual name into a trust you control during your lifetime. You remain the trustee. You file no additional tax returns. You keep full authority over your assets until you can’t, and at that point a successor trustee you named steps in, bypassing the court entirely. The critical word is “funded.” A trust that holds no assets avoids nothing. If a $500,000 investment account stays titled in your name beca...

Key Takeaways Any gift or asset transfer made within five years of a Medicaid application can trigger a penalty period that delays eligibility — even small, routine gifts. Married couples who transfer assets into the healthy spouse’s name alone are not protected — Medicaid counts the couple’s combined assets regardless of whose name they’re in. Legitimate legal strategies exist to protect assets without violating Medicaid rules, including personal care contracts, irrevocable trusts, and annuities. Disqualifying transfers can sometimes be reversed, but only if the recipient still has the funds — making early planning critical. The single most important step any family can take is consulting a qualified Florida elder law attorney before a crisis hits. Introduction Few things catch Florida families off guard quite like the Medicaid lookback rule . A parent is suddenly in need of nursing home care, and the family discovers that gifts were made years ago — birthd...

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...

  No one likes to think about it, but life is full of surprises—and not always the good kind. What would happen to your home, bank accounts, or your children if something happened to you unexpectedly? That’s where estate planning steps in. It’s not just for the wealthy or the elderly—it’s for anyone who wants to make life a little easier for the people they love. What Is Estate Planning, Really? At its core, estate planning is a set of legal steps that let you decide what happens to your stuff—and even your health—when you’re not able to make decisions anymore. Whether it’s a car, a savings account, or a family business, estate planning helps make sure things go where you want them to go, not where the state decides. Think of it as: A safety net for your family A roadmap for your final wishes A way to avoid stress, confusion, and court battles Why Estate Planning Matters in Orlando, FL Living in Orlando has its perks—sunshine, theme parks, and a growing population....