The Legal Exchange

Trusts can play a major role in protecting assets, avoiding probate, and reducing estate taxes, but the details of how they are drafted and funded can determine whether the plan works. Todd Lutsky and Susan Powers discuss how homestead protection applies when a home is owned by a trust, why avoiding probate can also help protect assets from creditor claims, and how irrevocable Medicaid trusts may...

Estate plans can get complicated when real estate, trust language, and family expectations do not line up, especially when property is sold before beneficiaries receive what they were promised. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss how real estate should be handled inside an estate plan, why the wording of a trust can determine whether beneficiaries receive a...

Waiting too long to create an estate plan can leave your loved ones with years of legal battles, unnecessary expenses, and outcomes you never intended. In this episode of The Legal Exchange with Todd Lutsky , Todd and Susan examine two high-profile estate disputes that highlight the dangers of procrastination and explain why having the right legal documents in place before a crisis occurs can make...

Choosing the right trust is one of the most important parts of estate planning, especially when families are trying to avoid probate, reduce estate taxes, protect assets from long-term care costs, and make sure money passes the way they intend. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss how powers of attorney can create problems when self-dealing is allowed, why tr...

In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss two court cases that show how poor planning and poor recordkeeping can lead to expensive family disputes. Todd explains why an uncashed check became part of an estate, how a second marriage can complicate inheritance without the right plan in place, why powers of attorney require careful documentation, how personal care co...

Trusts can help families avoid probate, reduce estate taxes, and protect assets from long-term care costs, but using the wrong type of trust can create major tax problems and leave families with less control than they expected. In this episode of The Legal Exchange with Todd Lutsky, Todd and Susan Powers break down the differences between revocable trusts, Medicaid irrevocable trusts, life insuran...

Todd and Susan Powers break down real court cases involving second marriages, joint accounts, powers of attorney, revocable trusts, and allegations of undue influence — highlighting the planning mistakes families make before it’s too late.

Relying on a will, joint ownership, or informal family agreements can create major estate planning problems that leave families exposed to probate, taxes, creditor issues, and conflict. In this episode of The Legal Exchange with Todd Lutsky, Todd and Susan Powers break down real court cases involving trust disputes, joint property, powers of attorney, and family disagreements over inherited real e...

In this episode of The Legal Exchange with Todd Lutsky, Todd and Susan Powers break down real court cases involving second marriages, joint accounts, powers of attorney, revocable trusts, and allegations of undue influence — highlighting the planning mistakes families make before it’s too late. Also covered: Why revocable trusts helped protect assets during an inheritance dispute involving grandch...

One bad estate planning decision can create years of legal battles, family conflict, and financial damage. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers break down real-life estate planning cases involving cognitive decline, second marriages, unfunded trusts, and disputes between children, spouses, and caregivers. Also covered: Why relying only on a will can create major prob...

One mistake in your estate plan can cost your family millions. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers walk through real cases that show how outdated documents, poor planning, and misunderstood strategies can create massive financial consequences. Also covered: How a power of attorney allowed $5.6 million in gifts Why remarriage without updating your plan can backfire T...

One mistake in your estate plan can undo everything you intended. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers walk through real cases that show how outdated beneficiaries, poor legal advice, and last minute planning can lead to costly outcomes. Also covered: Why failing to update beneficiaries after divorce can backfire How federal law can override your estate plan The risk...

Simple estate planning decisions can create major financial and legal problems. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers walk through real-world cases that highlight how easily things can go wrong—from improperly structured trusts to putting assets in a child’s name. Also covered: A court case showing how one mistake can void a mortgage tied to a trust Why putting assets...

Poor planning can tear families apart—and cost far more than expected. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers walk through real cases involving trust mismanagement, family disputes, and costly estate planning mistakes. Also covered: How self-dealing can unravel a trust Why special needs planning is critical The risks of DIY legal strategies How to structure trusts to p...

One estate planning mistake cost millions—and it happens more often than you think. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers break down a $32 million estate gone wrong, plus key lessons on trusts, inheritance planning, and nursing home agreements. Also covered: What happens when you die without a will How poor planning can trigger massive tax bills Why you should never b...

On this week’s episode of The Legal Exchange with Todd Lutsky, Todd and Susan break down two cautionary court cases that highlight why estate planning shortcuts can backfire. First, an Alabama case where parents tried to deed their home to a daughter in exchange for care — but signed it incorrectly, triggering a legal battle that reached the Supreme Court. Then, a Georgia case involving a question...

Todd Lutsky and Susan Powers break down two cautionary estate planning cases—one involving a joint brokerage account that bypassed a trust and sparked a family dispute, and another Texas Supreme Court battle over whether a will even existed. What happens when planning is piecemeal—or missing entirely? Todd explains how joint accounts can unintentionally disinherit children, why a will is only a st...

Todd Lutsky and Susan Powers break down a Mississippi Supreme Court case involving nursing home arbitration agreements and explain why signing the wrong document during admission could waive important legal rights. They also discuss an Arizona case on undue influence and whether a trust can force beneficiaries into arbitration instead of court. Plus, listener questions on life estates — capital ga...

Todd Lutsky and Susan Powers examine how quickly estate plans can fall apart when life changes but the documents don’t. A Minnesota case involving divorce, remarriage, an outdated power of attorney, and a nursing home stay turns into a legal battle between an ex-wife and a current spouse—showing why failing to update an estate plan after major life events can create costly disputes for families. T...

Todd Lutsky and Susan Powers break down two cautionary court cases that highlight what can go wrong when estate plans rely on verbal promises instead of written documents. From a Mississippi dispute over a law practice settlement to a second-marriage IRA fight involving powers of attorney and beneficiary changes, the cases illustrate how easily family relationships can unravel without proper struc...

Todd Lutsky and Susan Powers examine two real court cases that highlight how estate planning decisions — or the lack of them — can dramatically alter family outcomes. T Todd also answers listener questions on personal care contracts, irrevocable trusts, HELOCs, healthcare proxies, and powers of attorney — explaining the practical steps families can take to avoid court involvement and protect asset...