
Why a Will Is Not Enough to Protect Your Estate
From The Legal Exchange by The Financial Exchange Network
May 22, 2026 · 54 min
About this episode
The episode discusses the limitations of wills in estate planning and the advantages of trusts, featuring real court cases and listener questions.
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.
People in this episode
Host: Todd Lutsky
Guest: Susan Powers
Topics covered
- estate planning
- wills
- trusts
- probate
- tax issues
- fiduciary responsibilities
- family disputes
Keywords
- estate planning
- wills
- trusts
- probate
- tax problems
- fiduciary
- creditor protection
- family disputes
More episodes of The Legal Exchange
- When Estate Planning Goes Wrong, Families Pay the Price · June 12, 2026 · 54 min
- The Trust Mistakes That Can Cost Families Later · June 5, 2026 · 54 min
- What Happens When Your Fiduciary Disregards Your Wishes · May 29, 2026 · 54 min
- Why Old Estate Plans Become Dangerous Over Time · May 15, 2026 · 54 min
- The Estate Planning Mistakes That Destroy Families · May 6, 2026 · 54 min
- Why Estate Plans Fail When Life Changes · May 1, 2026 · 54 min
Explore listener stats, chart rankings, contacts and more on the The Legal Exchange podcast page.