Special Needs Trusts: Protecting a Loved One's Future

When people think about estate planning, they often focus on who inherits their property. But one of the most important documents in a complete plan doesn't address your assets at all — it addresses your voice, for the moments when you may not be able to speak for yourself. That document is a living will . Living Will vs. Last Will and Testament Despite the similar name, a living will has nothing to do with distributing your property after death. A Last Will and Testament takes effect after you pass away. A living will takes effect while you're still alive , but unable to communicate your own healthcare wishes — for example, due to a terminal condition, persistent vegetative state, or end-stage condition, as defined under Florida law. What a Living Will Actually Does A Florida living will lets you state, in advance, whether you want life-prolonging procedures withheld or withdrawn if you are ever in one of these medical conditions and unable to make your own decisions. It can address things like: Artificial life support and mechanical ventilation Artificially provided nutrition and hydration (feeding tubes) CPR and other resuscitative measures Your wishes regarding pain management and comfort care, even if other treatment is withheld Rather than leaving these deeply personal decisions to be guessed at by family members or default hospital policy, a living will puts your own wishes in writing, in the terms Florida law recognizes. How It Works With a Healthcare Surrogate Designation A living will is most effective when paired with a Designation of Health Care Surrogate — a separate document naming a trusted person to make medical decisions on your behalf if you're unable to do so, and to interpret and apply your living will in real time as your medical situation unfolds. Together, these documents give your family and medical providers both your stated wishes and a designated decision-maker to carry them out. Why This Matters for Your Family Without a living will, if you become incapacitated, Florida law provides a hierarchy of individuals — a spouse, then adult children, then parents, and so on — who may be asked to make these decisions for you. This can lead to: Family members disagreeing about what you would have wanted Emotional strain during an already difficult time Medical treatment that may not align with your actual values or beliefs In some cases, the need for a court proceeding to resolve disputes or appoint a decision-maker A living will removes much of that uncertainty. It's one of the clearest gifts you can give the people who love you — sparing them from having to guess, or from carrying the weight of a decision you could have made for yourself. It's Not Just for Older Adults Because incapacitating events like serious accidents or sudden illness can happen at any age, advance directives like living wills are important for adults of all ages — not only those who are older or already facing a serious diagnosis. Making Sure Your Wishes Are Followed  A living will needs to be properly executed and witnessed to be legally valid in Florida, and it works best as part of a complete set of advance directives, alongside a durable power of attorney and healthcare surrogate designation. Attorney Thomas Saxey helps clients across the Emerald Coast put these protections in place, clearly and correctly. Call Saxey Law PLLC at (850) 684-4432 or email thomas@saxeylaw.com to schedule a consultation.

Forming a Limited Liability Company (LLC) is one of the most popular ways to start a business in Florida — and for good reason. But simply filing paperwork with the state is only the first step. Without a well-drafted operating agreement, even a properly formed LLC can leave owners exposed to disputes, liability, and unnecessary confusion down the road. Why Business Owners Choose an LLC An LLC offers a combination of benefits that make it attractive to small business owners and entrepreneurs: Liability protection — separating personal assets from business debts and obligations Flexible management structure — member-managed or manager-managed, depending on your needs Pass-through taxation — profits and losses generally flow to the owners' personal tax returns, avoiding the "double taxation" that can affect corporations Fewer formalities than a corporation, without sacrificing legal protection Forming Your LLC in Florida To create an LLC in Florida, you'll need to: Choose a business name that complies with Florida naming requirements and is distinguishable from existing entities File Articles of Organization with the Florida Division of Corporations Designate a registered agent with a physical Florida address Obtain an EIN from the IRS Draft an operating agreement (more on this below) Handle any required local licenses, permits, or industry-specific registrations The filing itself is relatively straightforward — but it's the operating agreement that determines how your business actually functions and who's protected when things get complicated. Why the Operating Agreement Is So Important Florida does not legally require an LLC to have a written operating agreement, but operating without one is a significant and often overlooked risk. Here's why: It Overrides Florida's Default Rules If your LLC doesn't have its own operating agreement, Florida's default statutory rules under the Florida Revised LLC Act step in to fill the gaps — and those default rules may not reflect what you and your co-owners actually intended. It Prevents Disputes Between Members A well-drafted agreement spells out ownership percentages, profit and loss allocations, voting rights, and what happens if a member wants to leave, dies, becomes disabled, or wants to sell their interest. Without these provisions in writing, disagreements between business partners can escalate quickly — and expensively. It Protects Your Liability Shield Courts sometimes look at whether an LLC was run as a genuine, separate business entity when deciding whether to "pierce the corporate veil" and hold owners personally liable. A solid operating agreement, paired with consistent recordkeeping, helps demonstrate that your LLC is a legitimate, well-run entity — not just a name on a filing. It Addresses the "What Ifs" A good operating agreement anticipates the situations business owners don't like to think about: What if a member wants out? What if a member passes away and their heirs inherit their interest? What if the business needs an infusion of capital that one partner can't contribute? Addressing these scenarios in advance, while relationships are good, is far easier than negotiating them during a crisis. It Matters Even for Single-Member LLCs Owners sometimes assume an operating agreement is unnecessary if they're the only member. In reality, having one still helps establish the LLC as a separate legal entity, which supports your liability protection and can be required by banks or investors. Building a Business on a Solid Foundation  Whether you're forming a new LLC, updating an outdated operating agreement, or bringing on a new business partner, getting the legal structure right from the start protects the business you've worked hard to build. Saxey Law PLLC assists entrepreneurs and established businesses across the Emerald Coast with corporate formations and contract review. Call (850) 684-4432 or email thomas@saxeylaw.com to talk through your business's needs.

If you own your home and want it to pass to your children or another loved one without going through probate — while still keeping full control of the property during your lifetime — Florida offers a tool that's become a favorite among estate planning attorneys: the enhanced life estate deed , commonly known as a "Lady Bird deed." What Is a Lady Bird Deed? A Lady Bird deed is a special type of life estate deed recognized under Florida law. It allows you (the "life tenant") to: Continue living in, using, and controlling your property for the rest of your life Sell, mortgage, lease, or even change your mind and revoke the deed — all without needing permission from the people named to inherit it Automatically pass the property to your named beneficiaries (called "remaindermen") upon your death, outside of probate This is different from a traditional life estate deed, where the life tenant would need the remainder beneficiaries' consent to sell or mortgage the property. The "enhanced" powers retained by the owner are what make the Lady Bird deed so flexible. Why Florida Homeowners Use Them Avoiding Probate When you pass away, the property transfers directly to your named beneficiaries by operation of the deed itself — no probate court involvement required for that asset. Preserving the Florida Homestead Exemption Because you retain full ownership rights during your life, a properly drafted Lady Bird deed generally does not disturb your homestead property tax exemption or homestead protections against creditors. Medicaid Planning For homeowners planning for potential long-term care needs, a Lady Bird deed can be a valuable tool. Because you retain the right to revoke the deed and full control of the property, transferring your home this way is typically not treated as a disqualifying gift for Medicaid eligibility purposes, and Florida does not currently pursue Medicaid estate recovery against a home passed via a Lady Bird deed the way it might with an outright transfer. Step-Up in Basis Because the property is included in your estate for tax purposes (even though it avoids probate), your beneficiaries typically receive a stepped-up cost basis, which can reduce capital gains tax if they later sell the property. What It's Not a Substitute For A Lady Bird deed is a targeted tool for real property — it doesn't address your other assets, your healthcare decisions, or what happens if you become incapacitated before death. It works best as one piece of a broader estate plan that may also include a will, a durable power of attorney, and healthcare directives. Is It Right for You? Lady Bird deeds work well for many homeowners, but they aren't automatically the right choice in every situation — particularly where a home has multiple owners, complicated family dynamics, or is intended to fund a trust for a beneficiary with special needs. Getting the deed drafted and recorded correctly matters, since even small errors can create title issues down the road. Let's Talk About Your Home  Attorney Thomas Saxey helps homeowners throughout Okaloosa, Walton, Bay, Santa Rosa, and Escambia Counties determine whether a Lady Bird deed fits their goals, and prepares the documents correctly the first time. Call Saxey Law PLLC at (850) 684-4432 or email thomas@saxeylaw.com to get started.

Florida law no longer uses the term "custody." Instead, when parents separate or divorce, the court requires a parenting plan that establishes time-sharing and decision-making responsibility for minor children. Understanding how these plans work can make a difficult transition much less stressful for your whole family. What Is a Parenting Plan? A parenting plan is a written agreement — either negotiated by the parents or ordered by the court — that governs how children will be raised after their parents separate. Florida law requires every parenting plan to address: A time-sharing schedule , including regular weekly time, holidays, school breaks, and special occasions How parental responsibility (decision-making authority) will be divided for education, healthcare, and religious upbringing Which parent will handle day-to-day decisions when the child is in their care How the parents will communicate about the children going forward Transportation arrangements for exchanges Shared Parental Responsibility Is the Starting Point Florida law presumes that shared parental responsibility — both parents jointly making major decisions for the child — is in the child's best interest. This does not necessarily mean an equal time-sharing split; it means both parents have a voice in important decisions, even if one parent has the children more often. In limited circumstances, such as documented abuse, substance abuse, or a parent's inability to safely make decisions, a court may award sole parental responsibility to one parent. Factors Courts Consider When parents can't agree, Florida courts evaluate the "best interests of the child" using a list of statutory factors, including: Each parent's willingness to encourage a close relationship between the child and the other parent The demonstrated capacity of each parent to be involved in the child's school and extracurricular activities The geographic viability of the parenting plan, including the effect on the child of changing schools Each parent's moral fitness and mental and physical health The child's own preference, depending on age and maturity Evidence of domestic violence, abuse, or neglect Creating a Plan That Actually Works The best parenting plans are specific enough to prevent future conflict but flexible enough to accommodate real life. We often see disputes arise later not because parents disagreed on the big picture, but because a plan was vague about pickup times, holiday rotations, or how decisions about extracurriculars get made. Thoughtful, detailed drafting up front saves families from returning to court down the road. Mediation Can Help Because Florida courts favor parents reaching their own agreements when possible, mediation is often required — and frequently successful — in resolving time-sharing disputes without a contested trial. Attorney Thomas Saxey is a Florida Supreme Court Certified Family Mediator , giving him a unique perspective on how to negotiate parenting plans that hold up over time. Modifying an Existing Plan Life changes — a job relocation, a change in a child's needs, or a shift in a parent's circumstances may justify modifying an existing plan. Florida law requires a showing of a "substantial, material, and unanticipated change in circumstances" to revisit a final parenting plan, so it's worth discussing your situation with an attorney before filing. We're Here to Help  Whether you're establishing a parenting plan for the first time or need to modify one that no longer fits your family, Saxey Law PLLC brings both legal skill and mediation experience to the table. Contact us at (850) 684-4432 or thomas@saxeylaw.com to discuss your situation.

One of the most common questions we hear at Saxey Law PLLC is: "Don't I just need a will?" It's a fair question — and for some people, a will alone may be enough. But for many Florida families, a trust does something a will simply cannot: it helps your family avoid probate, keep matters private, and plan for incapacity, not just death. What a Will Actually Does A Last Will and Testament is a foundational estate planning document. It lets you: Name who inherits your property Name a personal representative (executor) to administer your estate Nominate guardians for minor children Direct how debts and taxes should be paid But a will only takes effect after you pass away, and it must go through probate — the court-supervised process of validating the will, paying debts, and distributing assets. In Florida, probate can take several months to over a year, involves court filings and, often, attorney's fees paid from the estate. What a Trust Adds A revocable living trust is a separate legal entity that holds title to your assets during your lifetime, for your own benefit, and then distributes them according to your instructions after death — typically without probate. Key advantages of a trust: Avoiding probate for any assets properly titled in the trust's name Privacy — unlike a probated will, trust administration is not a matter of public record Incapacity planning — a successor trustee can step in and manage your affairs immediately if you become unable to, without a court-appointed guardianship Control over distributions — you can stagger inheritances by age or milestone, protect a beneficiary's inheritance from creditors or divorce, or provide for a loved one with special needs Efficiency across multiple states — helpful if you own real estate outside Florida, since a trust can avoid ancillary probate in each state So Do You Need Both? Yes — and this is the part people often miss. Even with a fully funded trust, you still need what's called a pour-over will . This backstop document ensures that any asset accidentally left outside the trust at your death is directed into it, so nothing falls through the cracks. Your will and your trust are meant to work together, not compete. The Step People Skip: Funding the Trust Creating a trust document is only half the job. The trust must actually be funded — meaning your home, bank accounts, and other assets need to be retitled in the name of the trust. An unfunded trust provides none of its intended benefits, which is why we walk clients through this step by step rather than leaving it to chance. Building the Right Plan for Your Family  Whether a will alone fits your circumstances, or a trust-based plan makes more sense, depends on your assets, your family situation, and your goals. Attorney Thomas Saxey helps clients across the Emerald Coast build estate plans that are both legally sound and genuinely tailored to their lives. Call (850) 684-4432 or email thomas@saxeylaw.com to schedule a consultation.