The Legal Exchange

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.

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.

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.