The Legal Exchange

TFE Radio Network
TFE Radio Network

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.

  1. 3d ago

    Second Marriages, Trusts and IRAs: Estate Planning Mistakes to Avoid

    Second marriages can make estate planning significantly more complicated. Without the right plan, state law may determine who inherits your assets, potentially creating outcomes you never intended for your spouse or children. Susan Powers and estate planning attorney Todd Lutsky examine how second marriages, trusts, divorce, and retirement accounts can affect an estate plan. They also explain why choosing between a revocable and irrevocable trust depends on your goals and how certain IRA beneficiary strategies may provide additional tax and asset protection opportunities. They cover:What can happen when someone in a second marriage dies without a willHow intestate succession can divide assets between a surviving spouse and childrenHow trusts can provide for a spouse while preserving assets for children from a previous marriageWhy trusts can offer greater control than simply naming beneficiaries on individual accountsHow divorce can affect an existing estate planWhen a revocable or irrevocable trust may make sense based on estate planning and nursing home protection goalsWhy IRAs present unique income tax and estate tax planning challengesHow a testamentary trust can be incorporated into an IRA beneficiary strategy while providing additional protection for a surviving spouseThe key takeaway: Estate planning becomes especially important when second marriages, children from previous relationships, retirement accounts, and long term care concerns are involved. A properly structured plan can provide greater control over who ultimately receives your assets while addressing probate, taxes, family protection, and nursing home risks.

  2. Sep 3

    How Trusts Can Protect Your Assets From Probate and Creditors

    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.

  3. Aug 28

    Special Needs Trusts, Medicaid Planning, and Protecting Assets Last Minute

    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.

  4. Aug 20

    How Trust Language Can Prevent Family Fights Over Real Estate

    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.

  5. Aug 14

    Why You Should Never Give Away Your Real Estate

    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.

  6. Aug 4

    How Last Minute Medicaid Planning Can Protect Assets

    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.

  7. Jul 31

    Last Minute Medicaid Planning Can Still Protect Assets

    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.

  8. Jul 23

    What Happens When You Die Without a Will?

    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.

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Ratings & Reviews

4.3
out of 5
6 Ratings

About

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.

Information

  • Channel
    TFE Radio Network
  • Creator
    The Financial Exchange Network
  • Years Active
    2022 - 2026
  • Episodes
    534
  • Rating
    Clean
  • Copyright
    © Copyright The Financial Exchange Network
  • Show Website
    The Legal Exchange

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