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.

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 influence
• How misuse of AI in court filings created major legal problems in an estate case
• Why second marriages often require far more planning than a simple will
• The hidden risks of joint bank accounts and accidentally disinheriting children
• How powers of attorney can become part of inheritance disputes
• Strategies families may use to protect assets when facing long-term nursing home care costs
• What happens to irrevocable trusts after the death of a spouse
• Why failing to update estate documents after major life events can create serious consequences

The common theme: estate plans often fail not because people never planned, but because they assumed old plans would still work after life changed.

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 completely fail when families need them most
• The dangers of second marriages without updating your estate plan
• Why beneficiary designations can override your intentions
• How Medicaid planning mistakes can put a family home at risk
• The difference between void and voidable marriages in estate disputes
• How powers of attorney and conservatorships can become legal battlegrounds

What families should do now to avoid the most common and costly estate planning mistakes.

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 trusts
• When gifting assets can actually increase taxes
• Why failing to update your plan after major life events is so costly

What to fix now before these mistakes impact your family.

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 long term care
• What can go wrong when trusts are not properly funded
• How to protect assets for children, second marriages, and special needs planning

What to fix now before it becomes a costly mistake.

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 backfire in a divorce
• How irrevocable trusts can actually increase control—not reduce it
• Strategies to protect assets from creditors, divorce, and nursing homes
• How to structure inheritances to benefit children and future generations

From trust funding to family dynamics, this episode breaks down how to protect your assets—and your family—the right way.

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

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
• The differences between guardians, powers of attorney, and healthcare proxies
• How to protect assets from taxes, divorce, and creditors

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 what happens when someone dies without a will.

Plus, Todd explains:

• Why “nothing good ever comes from giving away your home”
• The hidden tax and control problems with life estates
• How second marriages complicate inheritance
• What happens under intestate succession when there’s no plan
• When (and only when) a life estate might make sense

If you own your home and are thinking about transferring it — or you’re in a second marriage — this is an episode you don’t want to miss.