Second Marriages, Bad Estate Planning, and the Lawsuits That Follow

Todd Lutsky and Susan Powers examine how quickly estate plans can fall apart when life changes but the documents don’t. A Minnesota case involving divorce, remarriage, an outdated power of attorney, and a nursing home stay turns into a legal battle between an ex-wife and a current spouse—showing why failing to update an estate plan after major life events can create costly disputes for families.They also break down a Nebraska case where a well-designed joint revocable trust held up even after family litigation, highlighting how proper planning can still protect assets and family intentions. Plus, Todd answers listener questions on life estates, the tax consequences of giving your home to children, and whether retirement assets or homes in irrevocable trusts are safe from nursing homes.