Life, Legacy & Wealth - Navigating key decisions for you and your family

Cary Moss
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Welcome to **Life, Legacy & Wealth**, the podcast that demystifies estate planning, elder law, and probate to empower you with knowledge to secure your family's future. Whether you are creating your estate plan, navigating the complexities of Medicaid, or settling the affairs of a loved one that passed away, we're here to guide you every step of the way. 

 In each episode, we tackle the questions our clients ask most, like: "What estate planning documents do I need?" "What happens if my loved one died without a will?" and "What can I do if I make too much income for Medicaid but I can't afford a nursing home?" 

We'll also share stories of difficult situations and viable solutions that can have a positive impact on you and your family. Whether you're facing probate, trust administration, long term care issues, or simply want to plan for the unexpected, this podcast is your trusted resource. 

 Let's protect your legacy, together.

  1. 016: Supplemental Needs Trusts: How to Protect Your Child's Benefits in Florida

    Jun 2

    016: Supplemental Needs Trusts: How to Protect Your Child's Benefits in Florida

    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 immediately The $2,000 asset threshold that determines SSI and Medicaid eligibility First party, third party, and pooled supplemental needs trusts and when each applies What a supplemental needs trust can and cannot pay for without triggering benefit loss How to choose the right trustee and what that person needs to know about public benefits Florida-specific resources including ABLE United accounts, AGED, and Guardian Trust Foundation Why understanding which Medicaid program a beneficiary is on matters before any planning begins Resources from this Episode https://sawyerandsawyerpa.com/special-needs-planning/ Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    21 min
  2. 015: Don't Wait Until an Emergency: Planning for 18-Year-Olds

    May 19

    015: Don't Wait Until an Emergency: Planning for 18-Year-Olds

    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 place How a living will differs from a healthcare surrogate designation What a HIPAA release form does and why it matters in an emergency Naming a primary and a backup fiduciary across all documents Why the Mosses got their own son's paperwork done the moment he turned 18 Resources from this Episode Estate Planning For Young Adults - https://sawyerandsawyerpa.com/estate-planning-for-young-adults/  Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    7 min
  3. 014: How to Avoid Probate in Florida: Three Strategies That Actually Work

    May 5

    014: How to Avoid Probate in Florida: Three Strategies That Actually Work

    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 trust is just an expensive stack of paper Lady Bird deeds as a simple, low-cost option for straightforward property transfers, and when they fall short Beneficiary designations for bank accounts, investment accounts, IRAs, and insurance policies, and the hidden risks of getting them wrong Joint ownership with children and why it creates more problems than it solves How family dynamics, disabled beneficiaries, creditor issues, and out-of-country heirs all change the right strategy What an attorney intake process actually covers and why it determines which probate avoidance tools make the most sense Resources from this Episode https://sawyerandsawyerpa.com/probate/ Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    25 min
  4. 013: Medicaid's 5-Year Lookback Rule Explained: What Florida Families Need to Know About Medicaid Eligibility

    Apr 14

    013: Medicaid's 5-Year Lookback Rule Explained: What Florida Families Need to Know About Medicaid Eligibility

    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 refusal, annuities, and caregiver loans How irrevocable trusts can shield assets from Medicaid when set up well in advance The caregiver child exception and when a home can be transferred to an adult child What to do when a disqualifying transfer has already been made Key documents every family should have organized before applying for Medicaid Questions to ask before hiring a Florida elder law attorney Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    18 min
  5. 012: Medicaid's 5-Year Lookback Rule Explained: Protecting Your Family's Assets from Penalty Periods

    Mar 31

    012: Medicaid's 5-Year Lookback Rule Explained: Protecting Your Family's Assets from Penalty Periods

    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 rarely works the way families expect How Medicaid calculates the penalty period for uncompensated transfers The difference between gifts that raise red flags and those that can be explained away Real exemptions families don't know about, including homestead property transfers How personal care contracts protect families who pay a child for in-home caregiving Why tithing, wedding gifts, and college tuition aren't automatically disqualifying The importance of affidavits in overcoming the presumption of Medicaid eligibility planning Resources from this Episode Sawyer Support: https://sawyerandsawyerpa.com/sawyer-support/ Medicaid Planning: https://sawyerandsawyerpa.com/long-term-care/ Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    15 min
  6. 011: Trustee Selection Secrets: What Every Family Needs to Know Before Signing

    Mar 17

    011: Trustee Selection Secrets: What Every Family Needs to Know Before Signing

    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 disaster Individual vs. corporate trustee and how to decide Why naming a non-citizen trustee can trigger serious tax consequences The overlooked burden placed on trustees — and why availability matters as much as ability Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    17 min
  7. 010: How to Choose the Right Trustee and Avoid Family Conflict in Orlando Trust Administration

    Mar 3

    010: How to Choose the Right Trustee and Avoid Family Conflict in Orlando Trust Administration

    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 matters Common family conflicts when a sibling serves as trustee Family trustee versus corporate trustee pros and cons Annual accounting requirements and prudent investment standards in Florida Red flags in trustee selection including co-trustee pitfalls How clear trust guidelines can reduce emotional burden and future disputes Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    24 min
  8. 009: Medicaid Planning Strategies to Reduce Nursing Home Costs and Protect Savings - Part 2

    Feb 10

    009: Medicaid Planning Strategies to Reduce Nursing Home Costs and Protect Savings - Part 2

    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 conversation you don't want to miss. In this episode, you will hear: Costly Medicaid planning mistakes families make when acting without legal guidance Gifting assets and triggering Medicaid lookback penalties Why adding children to bank accounts or deeds can backfire financially and legally Misunderstandings around special needs trusts and age-based eligibility rules How proper Medicaid planning protects a well spouse and preserves assets The critical role of durable powers of attorney and enhanced powers Coordinating Medicaid planning with long-term estate and legacy goals Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

    29 min
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About

Welcome to **Life, Legacy & Wealth**, the podcast that demystifies estate planning, elder law, and probate to empower you with knowledge to secure your family's future. Whether you are creating your estate plan, navigating the complexities of Medicaid, or settling the affairs of a loved one that passed away, we're here to guide you every step of the way. 

 In each episode, we tackle the questions our clients ask most, like: "What estate planning documents do I need?" "What happens if my loved one died without a will?" and "What can I do if I make too much income for Medicaid but I can't afford a nursing home?" 

We'll also share stories of difficult situations and viable solutions that can have a positive impact on you and your family. Whether you're facing probate, trust administration, long term care issues, or simply want to plan for the unexpected, this podcast is your trusted resource. 

 Let's protect your legacy, together.

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