The Legal Exchange Radio Show with Todd Lutsky and Susan Powers discusses all aspects of the estate planning process and is designed to provide you with information and a better understanding of all relevant issues so that you can make the best decision to protect your assets and avoid significant tax implications. The show will also walk you through the complex rules of Medicaid planning and Medicaid eligibility, including how to avoid probate. You can be a part of the show too by visiting www.legalexchangeshow.com and clicking on the Ask Todd tab at the top of the page.
Don't Apply for Medicaid on Your Own!
How Trusts Can Protect Your Home and Reduce Estate Taxes
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 help families protect assets from long-term care costs while maintaining important flexibility. They also explain how family limited partnerships and LLCs can be used to reduce estate taxes through valuation discounts, why those strategies must have a legitimate non-tax purpose, how Medicaid liens on a home can be handled after death, and why personal care contracts are important when a family member is being paid to provide care.
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 help families protect assets from long-term care costs while maintaining important flexibility. They also explain how family limited partnerships and LLCs can be used to reduce estate taxes through valuation discounts, why those strategies must have a legitimate non-tax purpose, how Medicaid liens on a home can be handled after death, and why personal care contracts are important when a family member is being paid to provide care.
Real Estate Can Complicate Even the Best Estate Plan
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 specific property or the proceeds from its sale, and how no-contest clauses may help reduce family conflict. They also explain the difference between general and limited powers of appointment, why those powers matter for estate tax planning, how arbitration clauses can affect trust disputes, and why irrevocable Medicaid trusts may help families protect certain assets from long-term care costs while maintaining important planning flexibility.
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 specific property or the proceeds from its sale, and how no-contest clauses may help reduce family conflict. They also explain the difference between general and limited powers of appointment, why those powers matter for estate tax planning, how arbitration clauses can affect trust disputes, and why irrevocable Medicaid trusts may help families protect certain assets from long-term care costs while maintaining important planning flexibility.
Estate Planning Procrastination Can Cost Your Family
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 all the difference. They also answer listener questions on inherited IRAs, pooled trusts, Medicaid planning, and the rights of unmarried partners after the death of a loved one.
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 all the difference. They also answer listener questions on inherited IRAs, pooled trusts, Medicaid planning, and the rights of unmarried partners after the death of a loved one.
The Trust Decisions That Can Make or Break an Estate Plan
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 trusts may offer stronger protection and control, and how married couples with larger estates may need to coordinate estate tax planning with nursing home planning. Todd also explains how life insurance and retirement accounts can be handled through different trust strategies, what happens when beneficiaries need to be changed in an irrevocable trust, and why nominee realty trusts often create confusion for families who think they have more protection than they actually do.
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 trusts may offer stronger protection and control, and how married couples with larger estates may need to coordinate estate tax planning with nursing home planning. Todd also explains how life insurance and retirement accounts can be handled through different trust strategies, what happens when beneficiaries need to be changed in an irrevocable trust, and why nominee realty trusts often create confusion for families who think they have more protection than they actually do.
When Estate Planning Goes Wrong, Families Pay the Price
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 contracts can help when family members are paid for caregiving, and when irrevocable life insurance trusts may help reduce estate taxes.
The Trust Mistakes That Can Cost Families Later
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 insurance trusts, nominee realty trusts, special needs trusts, and sole benefit trusts. They explain why families should not try to apply for Medicaid on their own, how the five-year look-back period works, and why transferring property or adding children to a deed can backfire. Todd also answers listener questions about protecting homes from nursing home costs, avoiding probate, planning for a child with special needs, and choosing the right trust for each family’s situation.
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 insurance trusts, nominee realty trusts, special needs trusts, and sole benefit trusts. They explain why families should not try to apply for Medicaid on their own, how the five-year look-back period works, and why transferring property or adding children to a deed can backfire. Todd also answers listener questions about protecting homes from nursing home costs, avoiding probate, planning for a child with special needs, and choosing the right trust for each family’s situation.
What Happens When Your Fiduciary Disregards Your Wishes
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.
Why a Will Is Not Enough to Protect Your Estate
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 estate. They explain why transferring property during life can create unnecessary tax problems, how the wrong fiduciary choice can put assets at risk, and why trusts can provide more control and protection than a will alone. Todd also answers listener questions about leaving assets to grandchildren, keeping a family beach house in the family, protecting property from creditors, and avoiding common estate planning potholes before they become costly mistakes.
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 estate. They explain why transferring property during life can create unnecessary tax problems, how the wrong fiduciary choice can put assets at risk, and why trusts can provide more control and protection than a will alone. Todd also answers listener questions about leaving assets to grandchildren, keeping a family beach house in the family, protecting property from creditors, and avoiding common estate planning potholes before they become costly mistakes.
Why Old Estate Plans Become Dangerous Over Time
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 grandchildren and allegations of undue influence
- How misuse of AI in court filings created major legal problems in an estate case
- Why second marriages often require far more planning than a simple will
- The hidden risks of joint bank accounts and accidentally disinheriting children
- How powers of attorney can become part of inheritance disputes
- Strategies families may use to protect assets when facing long-term nursing home care costs
- What happens to irrevocable trusts after the death of a spouse
- Why failing to update estate documents after major life events can create serious consequences