The Legal Exchange

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 involving IRAs and testamentary trusts that may help certain families address nursing home exposure, estate taxes, and asset protection.They cover:What happens when a handwritten note appears to contradict an existing willHow undue influence can create problems when family relationships and inheritances collideWhy business owners should consider succession planning before a family dispute occursThe difference between probate assets and assets that pass through a trustHow trusts and beneficiary designations can affect creditor protectionWhy properly funding a trust is just as important as creating oneHow inherited IRAs can create tax and estate planning complicationsWhen naming an estate as an IRA beneficiary may be considered alongside a testamentary trustHow a trustee can handle the sale of a home after the trust creator diesThe key takeaway: estate planning is about more than deciding who inherits your property. How assets are titled, where they pass at death, how beneficiary forms are completed, and whether trusts are properly funded can affect probate, taxes, creditor exposure, and ultimately how much control and protection your family has after you are gone.

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 difference between third party and self settled special needs trusts, why a direct inheritance can jeopardize SSI benefits, and how proper planning can help families provide for a special needs beneficiary. Plus, Todd answers listener questions about paying for at home care, wrapping up an irrevocable trust after death, and using pooled trusts as a last minute Medicaid planning tool.

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 language can give beneficiaries equal options, force a sale when needed, protect property from divorce, and help keep assets in the bloodline. They also examine a Connecticut case involving a person who died without a will, why it is critical to clearly define who is included or excluded from your estate plan, and how Cushing and Dolan’s trust language can help avoid disputes involving children, stepchildren, and beneficiaries born outside of marriage. Plus, Todd answers listener questions about irrevocable trusts, Medicaid eligibility, rental property sales, life insurance, and last minute nursing home planning.

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 living there, and later faced a complicated ownership dispute after divorce. They also discuss why estate plans and beneficiary designations should be reviewed during a divorce, how the caretaker child exception may protect a parent’s home from nursing home costs, and why retaining a life estate can preserve important tax benefits. Plus, Todd answers whether new assets can be added to an existing irrevocable trust and explains how married couples may protect a home and other assets when seeking last minute Medicaid eligibility.

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 specific rules. Todd also breaks down a New Jersey case involving Medicaid liens, state liens, pooled trusts, and inherited assets, then answers listener questions about protecting a non-retirement annuity and updating an irrevocable trust after the death of a child without restarting the five-year look-back period.

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 discuss why giving real estate to children can create major problems, how discounted home sales may be treated as partial gifts, and why rental property can sometimes be non-countable but still lienable. Todd also explains the difference between planning for married couples and single individuals, how the family home may be protected in certain Medicaid situations, and why waiting until capacity becomes questionable can create serious estate planning disputes.

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 a will, why out of state property can complicate probate, how arbitration agreements at nursing homes can affect your legal rights, and answer listener questions about irrevocable trusts, protecting a home for loved ones, and selling a home held in trust.

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.

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.

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.

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.

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 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.

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.

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 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 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 influenceHow misuse of AI in court filings created major legal problems in an estate caseWhy second marriages often require far more planning than a simple willThe hidden risks of joint bank accounts and accidentally disinheriting childrenHow powers of attorney can become part of inheritance disputesStrategies families may use to protect assets when facing long-term nursing home care costsWhat happens to irrevocable trusts after the death of a spouseWhy failing to update estate documents after major life events can create serious consequencesThe common theme: estate plans often fail not because people never planned, but because they assumed old plans would still work after life changed.

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 problemsHow unfunded trusts can completely fail when families need them mostThe dangers of second marriages without updating your estate planWhy beneficiary designations can override your intentionsHow Medicaid planning mistakes can put a family home at riskThe difference between void and voidable marriages in estate disputesHow powers of attorney and conservatorships can become legal battlegroundsWhat families should do now to avoid the most common and costly estate planning mistakes.

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 giftsWhy remarriage without updating your plan can backfireThe hidden risks of nominee realty trustsWhen gifting assets can actually increase taxesWhy failing to update your plan after major life events is so costlyWhat to fix now before these mistakes impact your family.

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 backfireHow federal law can override your estate planThe risks of waiting too long to plan for long term careWhat can go wrong when trusts are not properly fundedHow to protect assets for children, second marriages, and special needs planningWhat to fix now before it becomes a costly mistake.

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 trustWhy putting assets in your child’s name can backfire in a divorceHow irrevocable trusts can actually increase control—not reduce itStrategies to protect assets from creditors, divorce, and nursing homesHow to structure inheritances to benefit children and future generationsFrom trust funding to family dynamics, this episode breaks down how to protect your assets—and your family—the right way.

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 trustWhy special needs planning is criticalThe risks of DIY legal strategiesHow to structure trusts to protect your family and assets

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 willHow poor planning can trigger massive tax billsWhy you should never blindly sign nursing home contractsThe differences between guardians, powers of attorney, and healthcare proxiesHow to protect assets from taxes, divorce, and creditors

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 questionable divorce, a second marriage, and what happens when someone dies without a will.Plus, Todd explains:Why “nothing good ever comes from giving away your home”The hidden tax and control problems with life estatesHow second marriages complicate inheritanceWhat happens under intestate succession when there’s no planWhen (and only when) a life estate might make senseIf you own your home and are thinking about transferring it — or you’re in a second marriage — this is an episode you don’t want to miss.

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 starting point, and how intestate succession laws decide who inherits when you don’t. Plus, inAsk Todd:• Can Medicaid recover against an inherited home?• What happens if you never updated a deed?• Will putting your home in an irrevocable trust cost you your real estate tax abatement?And a deeper dive into life estates—when they make sense, when they don’t, and how one small detail can cost you thousands.

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 gains, divorce risks, and who pays expenses when a sibling lives in a trust-owned home. Learn what to watch for before signing anything — and why careful drafting matters.

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.They also break down a Nebraska case where a well-designed joint revocable trust held up even after family litigation, highlighting how proper planning can still protect assets and family intentions. Plus, Todd answers listener questions on life estates, the tax consequences of giving your home to children, and whether retirement assets or homes in irrevocable trusts are safe from nursing homes.

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 structure in place.The conversation explores why trusts create obligations where “good intentions” do not, how to protect children in blended families, and why powers of attorney must be drafted carefully — especially when retirement accounts are involved. Todd also answers listener questions on leaving assets to charity, updating irrevocable trusts after the loss of a child, and how estate planning needs change across different stages of life.

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. TTodd 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 assets.