A Florida will can carry a no-contest clause that sounds airtight and still be unenforceable. John Marshall walks through the five estate planning mistakes he sees most among Florida families, starting with documents drafted before a move, a marriage, or the 2011 overhaul of the state’s power of attorney law. He explains why an unfunded or poorly funded trust can still land a family in probate. Married couples who title joint assets to a joint trust lose their creditor protection.

John also covers beneficiary forms that send an IRA to an ex, the flaws in DIY and AI-drafted documents, and the cost of assuming the kids will sort it out. He closes with a bonus warning about attorneys who draft whatever a client asks for, even when Florida law won’t allow it.

Every one of these mistakes is fixable if someone catches it in time.

In this episode, you will hear:

• Why wills and trusts from another state can fail under Florida law
• The 2011 power of attorney statute and the guardianship it can force
• Unfunded trusts and the homestead deed that never got recorded
• How joint trusts strip married couples of tenancy by the entirety protection
• Beneficiary designations that send an IRA to an ex or leave a special needs child without a trust
• The real risks of DIY and AI-drafted estate documents
• Family disputes that start when parents assume the kids will figure it out

Resources from this Episode

Get Your Free Guide - Florida homestead law works differently from the state you came from. This free guide covers the five assumptions that cost families here the most: https://go.marshalllawpa.com/optin

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Episode Credits

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How long will probate take, and what will it cost? Florida families ask John Marshall those two questions constantly, and the answers hinge on details most people never consider until a parent dies. In this episode, John explains the difference between testate and intestate estates, when an estate qualifies for summary probate under the $150,000 threshold, and why a Florida homestead usually stays out of the probate estate.

He walks through the four phases of formal probate, from appointing a personal representative to closing the estate. He also shares cases that stretched the timeline: a beneficiary who keeps moving without notice, a parent’s assets locked behind email passwords, and a Michigan will that added over two months. Then he explains why waiting out Florida’s two-year creditor window can leave more money for the family.

Families who plan for probate pay less and wait less, and John shows where to start.

In this episode, you will hear:

• How a testate estate differs from an intestate one, and why that decides who inherits
• Florida’s rules on who can serve as personal representative, including the residency requirement for non-relatives
• When an estate qualifies for summary probate under the $150,000 threshold
• Why Florida homestead property usually passes outside the probate estate
• How emailed bank statements and lost passwords leave assets undiscovered
• The four phases of formal probate and how long each one takes
• Waiting out the two-year creditor window to keep more money in the family

Resources from this Episode

Get Your Free Guide - Florida homestead law works differently from the state you came from. This free guide covers the five assumptions that cost families here the most: https://go.marshalllawpa.com/optin

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.

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

Follow and Review:

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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.

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

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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.

Lady bird deeds are one of the most searched estate planning tools in Florida, and one of the most misunderstood. In this episode, attorney John Marshall lays out exactly what a lady bird deed is, how it compares to a standard life estate, and why the distinction matters for anyone trying to keep their home out of probate.

John walks through the real benefits: probate avoidance, step-up in basis for heirs, Florida homestead protection, and why holding property in trust alone creates HELOC and refinancing problems that a lady bird deed avoids. He also pulls from actual cases where the tool backfired: missing beneficiaries, partition actions, and families locked in disputes over property no one can sell.

John Marshall has been drafting lady bird deeds since 2009. That experience comes through in every example.

The right tool only works when it fits the plan. This episode helps listeners make that call.

In this episode, you will hear:

• What a lady bird deed actually is and how it differs from a standard life estate deed
• Probate avoidance and step-up in basis for heirs, two of the tool's strongest benefits
• Florida homestead law and why holding property directly in a trust can trigger HELOC and refinancing complications
• The 2014 Aaronson v. Aaronson case and how it shifted the way Florida attorneys approach homestead property in trusts
• Real cases where lady bird deeds backfired, including missing heirs, deceased beneficiaries, and partition actions that landed families in court
• Why married couples lose tenants by the entirety protection when jointly owned property moves into a trust
• Lady bird deeds as one tool in a thoughtfully built estate plan, not a substitute for one

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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.

Most people put off estate planning because they assume it doesn't apply to them yet. Too young. Not wealthy enough. Already owns everything jointly with a spouse. Attorney John Marshall has heard every version of these assumptions, and in this episode, he dismantles five of the most common estate planning myths that quietly leave families exposed, financially strained, or fighting over guardianship in probate court.

John pulls from real cases at his practice near The Villages, Florida, the largest retirement community in the country, walking through scenarios most people never see coming: an 18-year-old without a healthcare directive, a mother whose account got garnished because of her daughter's debt, and parents killed simultaneously with no plan in place.

The law doesn't wait for a convenient time. Neither should your estate plan.

In this episode, you will hear:

• Why every adult over 18 needs at least some form of estate plan, regardless of age or assets
• The real difference between a will and a trust, and why a will practically guarantees a trip to probate court
• How joint ownership with a spouse protects assets from individual creditors under Florida law
• Why adding a child's name to a bank account or property deed can backfire in ways most families never anticipate
• The HIPAA waiver most college parents don't know their student needs
• Why dying without a plan doesn't mean assets automatically go to a spouse
• How outdated legal strategies, some passed down through families for decades, can create bigger problems than they solve

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.

Most Florida families have the estate planning conversation too late, and it costs them. In this episode, attorney John Marshall cuts through five of the most common estate planning myths, the ones that have already cost real families tens of thousands of dollars. From the assumption that a spouse automatically inherits everything to the belief that a will skips probate, Marshall explains what Florida law actually says and why it rarely matches what people expect.

John draws on 20 years of probate and estate planning experience to show why these issues hit small estates just as hard as large ones. Homestead rules, minor beneficiaries, guardianship costs, and the difference between a will and a trust all get covered.

If you think your plan is solid, this episode will tell you whether it actually is.

In this episode, you will hear:

• Why married Floridians cannot assume a spouse will automatically inherit everything
• How Florida's homestead laws create unexpected complications for blended families
• The real difference between a will and a trust, and why only one avoids probate
• Why small estates face probate costs that hit just as hard, percentage-wise, as large ones
• What happens when a minor child is named as a life insurance beneficiary
• Why beneficiary designations can backfire without a coordinated estate plan behind them
• How skipping an estate plan can trigger costly guardianship proceedings while you're still alive

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.