The Legal Exchange

Estate planning isn't just about who inherits your money. The way you structure a trust, name beneficiaries, and transfer assets can determine how much your family ultimately keeps. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss the costly consequences of delaying estate planning, how trusts can protect inheritances from divorce and creditors, and why beneficiary desig...

In this episode of The Legal Exchange, Todd Lutsky of Cushing & Dolan and Susan Powers of Armstrong Advisory Group discuss how to protect inheritances from divorce and creditors, why second marriages require careful estate planning, and what happens when someone remarries without a legally finalized divorce. They also answer listener questions about protecting assets for siblings, using trust...

In this episode of The Legal Exchange with Todd Lutsky, Todd Lutsky and Susan Powers examine two court cases involving disputed inheritances and creditor claims against an IRA. They also answer listener questions about gifting assets to reduce Massachusetts estate taxes and discuss how trusts can help protect wealth for future generations.

Giving assets to your children may sound like a simple way to reduce your estate, but the wrong gift can leave your family with a much larger tax bill. The type of asset you give, its cost basis, and when you transfer it can completely change the outcome. Todd Lutsky and Susan Powers examine the estate planning and tax consequences of gifting assets during your lifetime. They discuss real court ca...

Estate planning mistakes often come down to ownership, beneficiary language, and whether the documents clearly define who should — and should not — inherit. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss two real-life cases involving jointly held accounts and a child born outside of marriage, showing how unclear planning can create disputes over who receives assets. Th...

Giving property or money to children may seem simple, but it can create major problems when marriages, taxes, creditors, or family disagreements get involved. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss two real-life cases that show why giving assets away during life can go wrong, especially in second marriages, divorce situations, and life estate planning. They als...

Second marriages can make estate planning significantly more complicated. Without the right plan, state law may determine who inherits your assets, potentially creating outcomes you never intended for your spouse or children. Susan Powers and estate planning attorney Todd Lutsky examine how second marriages, trusts, divorce, and retirement accounts can affect an estate plan. They also explain why...

A handwritten note, a family business, a trust, and a disputed estate all demonstrate how quickly estate planning can become complicated when the right protections are not in place. Todd Lutsky and Susan Powers examine two court cases that highlight the importance of proper estate planning, trust funding, beneficiary designations, and business succession planning. They also explain a strategy invo...

A direct inheritance can create major problems for someone receiving asset based government benefits, but the right trust language can help protect those benefits and preserve family assets. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss an Alaska trust dispute involving capacity, undue influence, and a child being removed from a revocable trust. They also explain the...

Real estate can create major problems inside an estate plan when beneficiaries do not agree on whether to keep, sell, or divide a family property. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss a New Hampshire case involving family real estate, trust assets, and a trustee who was found to have breached his fiduciary duty. Todd explains how properly drafted trust langua...

Giving property to a family member may seem like a simple estate planning solution, but it can leave you without control of your home and expose the property to divorce, creditors, nursing home costs, and estate taxes. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers examine a Texas court case involving a couple who transferred their home to the husband’s parents, continued livi...

n this episode of The Legal Exchange, Todd Lutsky and Susan Powers continue their discussion of last-minute Medicaid eligibility and explain how families may still have options when nursing home care becomes urgent. They cover a Wisconsin caretaker agreement case, why poorly drafted personal care contracts can create major Medicaid problems, and why payments for caregiving services need to follow...

A nursing home stay can create an urgent financial crisis, but Todd Lutsky explains why families should not assume they have to spend everything before Medicaid becomes an option. In this episode of The Legal Exchange, Todd Lutsky and Susan Powers introduce the new guide, Last Minute Medicaid Eligibility, and break down how different assets may be treated when someone needs nursing home care. They...

A missing will, out of state property, nursing home paperwork, and an improperly signed document can all create costly legal problems for families. The good news is that many of these issues can be avoided with proper estate planning. Todd and Susan Powers discuss two court cases that highlight the importance of planning ahead. They explain how intestate succession works when someone dies without...

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...

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...