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 In this episode of The Legal Exchange, Todd Lutsky and Susan Powers walk through real cases that show how outdated documents, poor planning, and misunderstood strategies can create massive financial consequences.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 In this episode of The Legal Exchange, Todd Lutsky and Susan Powers walk through real cases that show how outdated beneficiaries, poor legal advice, and last minute planning can lead to costly outcomes.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.

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 succession laws decide who inherits when you don’t. Plus, in

Ask Todd:
• Can Medicaid recover against an inherited home?
• What happens if you never updated a deed?
• Will putting your home in an irrevocable trust cost you your real estate tax abatement?

And a deeper dive into life estates—when they make sense, when they don’t, and how one small detail can cost you thousands.

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.