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.

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.

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.

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.

Trusts can play a major role in protecting assets, avoiding probate, and reducing estate taxes, but the details of how they are drafted and funded can determine whether the plan works.

Todd Lutsky and Susan Powers discuss how homestead protection applies when a home is owned by a trust, why avoiding probate can also help protect assets from creditor claims, and how irrevocable Medicaid trusts may help families protect assets from long-term care costs while maintaining important flexibility.

Trusts can play a major role in protecting assets, avoiding probate, and reducing estate taxes, but the details of how they are drafted and funded can determine whether the plan works.

Todd Lutsky and Susan Powers discuss how homestead protection applies when a home is owned by a trust, why avoiding probate can also help protect assets from creditor claims, and how irrevocable Medicaid trusts may help families protect assets from long-term care costs while maintaining important flexibility. They also explain how family limited partnerships and LLCs can be used to reduce estate taxes through valuation discounts, why those strategies must have a legitimate non-tax purpose, how Medicaid liens on a home can be handled after death, and why personal care contracts are important when a family member is being paid to provide care.

Estate plans can get complicated when real estate, trust language, and family expectations do not line up, especially when property is sold before beneficiaries receive what they were promised.

In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss how real estate should be handled inside an estate plan, why the wording of a trust can determine whether beneficiaries receive a specific property or the proceeds from its sale, and how no-contest clauses may help reduce family conflict. They also explain the difference between general and limited powers of appointment, why those powers matter for estate tax planning, how arbitration clauses can affect trust disputes, and why irrevocable Medicaid trusts may help families protect certain assets from long-term care costs while maintaining important planning flexibility.

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.

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.