Episodios

  • Trust Mistakes and How to Protect Your Estate

    Trust Mistakes and How to Protect Your Estate
    Apr 10 2026
    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 protect your family and assets
    Más Menos
    54 m
  • $32M Estate Mistake, Nursing Home Contracts, and Trust Planning Explained

    $32M Estate Mistake, Nursing Home Contracts, and Trust Planning Explained
    Apr 2 2026
    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 blindly sign nursing home contracts
    • The differences between guardians, powers of attorney, and healthcare proxies
    • How to protect assets from taxes, divorce, and creditors
    Más Menos
    54 m
  • Life Estates Gone Wrong: Divorce Drama, Deeds & Costly Mistakes

    Life Estates Gone Wrong: Divorce Drama, Deeds & Costly Mistakes
    Mar 26 2026
    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 estates
    • How second marriages complicate inheritance
    • What happens under intestate succession when there’s no plan
    • When (and only when) a life estate might make sense
    If 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.
    Más Menos
    54 m
  • Joint Accounts, Will Contests & Life Estate Mistakes

    Joint Accounts, Will Contests & Life Estate Mistakes
    Mar 20 2026
    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, in

    Ask 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.
    Más Menos
    54 m
  • Arbitration Agreements, Undue Influence & The Real Risks of Life Estates

    Arbitration Agreements, Undue Influence & The Real Risks of Life Estates
    Mar 17 2026
    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.
    Más Menos
    54 m
  • Second Marriages, Bad Estate Planning, and the Lawsuits That Follow

    Second Marriages, Bad Estate Planning, and the Lawsuits That Follow
    Mar 5 2026
    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.
    Más Menos
    54 m
  • Promises Don’t Protect Estates — Why Second Marriages Require Real Planning

    Promises Don’t Protect Estates — Why Second Marriages Require Real Planning
    Feb 27 2026
    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.
    Más Menos
    54 m
  • Unmarried Partners, Joint Trusts, and the Risks of Poor Estate Planning

    Unmarried Partners, Joint Trusts, and the Risks of Poor Estate Planning
    Feb 19 2026
    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 assets.
    Más Menos
    54 m