Why a Will Is Not Enough to Protect Your Estate

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

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