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. 

Joint Accounts, Will Contests & Life Estate Mistakes

Arbitration Agreements, Undue Influence & The Real Risks of Life Estates

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.

Second Marriages, Bad Estate Planning, and the Lawsuits That Follow

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plans can fall apart when life changes but the documents don’t. A Minnesota case involving divorce, remarriage, an outdated power of attorney, and a nursing home stay turns into a legal battle between an ex-wife and a current spouse—showing why failing to update an estate plan after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.

Promises Don’t Protect Estates — Why Second Marriages Require Real Planning

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.

Unmarried Partners, Joint Trusts, and the Risks of Poor Estate Planning

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.

How inherited assets are treated in a divorce

The pitfalls of life estates

The best way to leave real estate to your beneficiaries

Qualifying for medicaid without pre-planning

The benefits of using a no-contest clause in your trust