John Marshall opens this episode of Trust Me, It's Complicated by tackling a rule that trips up more families than almost any other part of Medicaid planning: the five year lookback. He explains why Medicaid requires five years of bank statements, what actually counts as a gift in their eyes, and how something as ordinary as helping a daughter with a down payment can create years of ineligibility down the road. He also breaks down the monthly divisor calculation Medicaid uses to set penalties, and clears up a common misconception about when that penalty clock actually starts.

Along the way, John shares a real client story involving a transferred homestead property and a family relationship that fractured before the problem could be fixed, plus a legal alternative worth knowing: the caregiver agreement.

Anyone weighing a gift, a transfer, or a future Medicaid application should hear this one first.

In this episode, you will hear:

• Why Medicaid rules differ dramatically from state to state, even for neighboring states like Georgia and Florida
• The difference between assets and income under Medicaid, and which items like cars and homes are excluded
• What triggers the five year lookback and why five years of bank statements matter for every account, even closed ones
• How the monthly divisor works to calculate a penalty period after a disqualifying gift
• A real case where a transferred homestead property led to a lengthy Medicaid penalty and a fractured family relationship
• Why the penalty clock starts at the date of application, not the date of the gift
• How a properly structured caregiver agreement can move assets legally without violating gifting rules

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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.

Attorney John Marshall tackles one of the most common questions he hears in his Central Florida office: can Medicaid take your house? Many new Florida residents arrive assuming state Medicaid rules mirror what they left behind in Ohio, Pennsylvania, or New York, and that assumption can cost them thousands in unnecessary spend-down before they ever ask for legal advice.

Marshall breaks down why Florida treats homestead property differently, including the actual equity cap that determines whether a home stays protected, and explains how families can use HELOCs, caregiver agreements, and smart estate planning to preserve a home's value instead of losing it. He also flags the outdated will and trust language, often carried over from another state's estate plan, that quietly strips away homestead protections after death.

This episode replaces guesswork with the actual rules, and the numbers that matter.

In this episode, you will hear:

• Florida Medicaid rules that catch out-of-state retirees off guard
• The real asset limits, and why a home usually doesn't count against them
• The $737,000 equity cap on a protected homestead, and how a HELOC can solve it
• Which creditors can actually force the sale of a home (the IRS, property taxes, secured liens, not Medicaid)
• Why a home stays protected even after a move into assisted living
• Estate planning mistakes that quietly void homestead protection after death
• Mobile homes on rented land, and the one fix that keeps them protected too

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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.

Most people think a will and a trust do the same job. John Marshall explains why that assumption costs families time, money, and control over their own estate. In this episode, he breaks down the real difference between the two: a will only takes effect after death, while a trust operates before and after, working as a bridge that can keep assets out of probate court entirely.

Marshall walks through pour-over wills, guardian nominations for minor children, and the gap between a standard power of attorney and a durable one. He shares real client scenarios, including cases involving special needs beneficiaries and family members who weren't equipped to manage a trustee's responsibilities.

The choice isn't will versus trust. It's which tool fits the estate in front of you.

In this episode, you will hear:

• The real difference between a will and a trust, and why the distinction actually matters
• How wills are validated differently from state to state, including Florida's unique probate requirements
• Why pour-over wills exist and what happens when an asset gets left out of a trust
• Guardian nominations for minor children and the court's final say over a parent's wishes
• Power of attorney versus durable power of attorney, and the costly misunderstanding between them
• Planning for special needs beneficiaries and family members who struggle to manage sudden inheritances
• Why choosing between a will and a trust comes down to personal circumstances, not one being universally better

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.