One of the primary points often emphasized to clients during the estate planning process is that “trusts keep you out of probate.” While that is generally true, it is important to remember that the fact a trust may not require judicial intervention does not necessarily mean that your trust, or your family’s trust, will avoid court altogether. This is especially true in light of the substantial transfer of wealth expected to occur over the next decade.
Currently, the generation named the “baby boomers” hold over half of all U.S. household wealth, accounting for roughly eighty-five (85) trillion dollars, despite the fact that they are less than twenty (20) percent of the population. Baby boomers account for all individuals between the ages of sixty-two (62) to eighty (80). But with the life expectancy in the US being merely seventy-nine (79) years old, where is all that wealth supposed to go?
The answer is that it will pass to younger generations. This anticipated transfer of approximately $85 trillion has been coined the “Great Wealth Transfer.” But with that transfer comes the increased likelihood of disputes, particularly in trust and estate proceedings. As significant wealth changes hands, courts are likely to see more claims brought by disgruntled or disinherited heirs who believe they are entitled to a share of what their parents, grandparents, or siblings earned during their lifetimes. These individuals, correctly called lineage litigants or heirs of entitlement, believe as though they’re the only, or only sufficient, heir apparent to the significant wealth of their deceased family members.
Consider, for example, the litigation surrounding the Rupert Murdoch Irrevocable Trust. Rupert Murdoch established an irrevocable trust “to manage and preserve his media empire, including significant shares in Fox Corporation and News Corporation.” The dispute reportedly centered, at least in part, on the political and ideological differences among Murdoch’s children, who constitute the remainder beneficiaries under the Trust. Yet what makes the dispute especially notable is that it arose while the settlor was still alive. If litigation of that magnitude can occur during the grantor’s lifetime, the question becomes: what happens when the settlor is gone?
In truth, upon the death of these baby boomers, trust and estate disputes are likely to increase significantly. No estate plan, no matter how carefully drafted, can completely eliminate the possibility of this conflict. This is especially true as more baby boomers experience diminished capacity due to conditions such as Alzheimer’s disease, dementia, Parkinson’s disease, and other age-related illnesses. So, what can regular people do to protect themselves from erroneous judicial decisions?
The answer to that question is two-fold.
First, it is essential to work with an experience estate planning attorney. A trust should not merely dispose of your assets upon death; it should clearly and unequivocally express your intent. Courts will “construe a trust so as to give effect to the grantor’s apparent intent.” For that reason, the clearer the document, the less room there is for interpretation, argument, or judicial guessing. A well-drafted trust can place the court in the strongest position to enforce your wishes, rather than merely speculate on them.
Second, choose the right successor trustee. This decision should not be treated as a formality or reduced to which child is the most organized, financially savvy, or available. A trustee holds power, discretion, and control. The more important questions are: Who will honor your wishes? Who will act impartially and for all? Who will resist self-interest? If the honest answer is that no beneficiary can be trusted or serve in that role without creating conflicts, then a neutral third-party trustee may be the better option.
With so much of the nation’s wealth concentrated in the hands of the aging generation, the age of the heirs of entitlement is upon us. And with it will come increased litigation in probate courts across the country. A trust may keep your estate our of probate, but alone it is not enough. Only a clear plan, a trustworthy fiduciary, and experienced legal guidance can help protect your wishes, assets, and family from becoming the next published decision.
Bibliography
See Adam Hardy, How Baby Boomers Became the ‘Wealthiest Generation That Ever Lived’, (Oct. 4, 2024 11:22 a.m.) https://money.come/wealthiest-generation-baby-boomers/
Beresford Research, Age Range by Generation, (last visited June 8, 2026) https://www.beresfordresearch.com/age-range-by-generation/
Center for Disease Control (“CDC”), Life Expectancy, (last visited June 8, 2026) https://www.cdc.gov.nchs/fastats/life-expectancy.htm
The New York Times, The Great Wealth Transfer in History is Here, With Familiar (Rich) Winners, (updated May 23, 2023).
See generally O’Neil Cannon, The Great Wealth Transfer and its Implications on Estate, Trust, and Probate Litigation, (last visited June 8, 2026).
Matthew Baker, Judge Denies Attempt to Modify Terms of Rupert Murdoch’s Irrevocable Trust, (July 17, 2025).
Written by Collin Weires, a Litigation Attorney at Michaelson Law. Originally published on June 8, 2026 on Substack.
This article is for informational purposes only and does not constitute legal advice. Contact our office at 702-731-2333 to discuss your specific situation.