The Legal Exchange

The Legal Exchange

The Legal Exchange radio show is designed to provide you with information and a better understanding of the estate tax and elder law planning issues, as well as guide you through the complex rules of Medicaid planning and Medicaid eligibility. Todd will also address ways to avoid the probate process, and will discuss estate, gift and income tax concerns. In addition, Todd will bring on a guest attorney that specializes in other areas of the law in an effort to provide you with a wide range of legal information and do so in a way that is easy to understand.

Episodes

May 22, 2026 54 mins
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...
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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 ...
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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 problems
  • How unfunded trusts can comp...
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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 In this episode of The Legal Exchange, Todd Lutsky and Susan Powers walk through real cases that show how outdated documents, poor planning, and misunderstood strategies can create massive financial consequences.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 gifts
  • Why remarriage without updating your plan can backfire
  • The hidden risks of nominee realty ...
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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 backfire
  • How federal law can override your estate plan
  • The risks of waiting too long to plan for ...
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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 trust
  • Why putting assets in your child’s name can backfir...
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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
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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
  • ...
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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...
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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 suc...
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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 exp...
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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 ...
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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 expl...
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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.
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February 5, 2026 54 mins
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