United States: Trusts

As the Silent and Baby Boomer generations transfer an estimated $84.4 trillion in wealth through 2045, estate planning attorneys anticipate a surge in probate disputes driven by complex family structures, cognitive decline, and DIY estate documents. This analysis examines the key factors fueling the Great Wealth Transfer litigation wave and explores proactive strategies families can employ to minimize future conflicts.

When an aging parent leaves a significant portion of their estate to their caregiver, families often question whether the bequest reflects genuine intent or undue influence. Washington courts have recently addressed this tension, upholding legitimate caregiver inheritances while also recognizing red flags that warrant closer scrutiny, including isolation, control over legal processes, cognitive decline, and dramatic departures from long-standing estate plans.

Section 1202 of the US tax code offers qualified small business stock (QSBS) holders the ability to exclude significant capital gains from federal income tax, with recent legislation raising the exclusion cap to $15 million per taxpayer for stock acquired after July 4, 2025. Strategic use of properly structured non-grantor trusts can multiply these tax benefits through "trust stacking" while simultaneously achieving substantial estate tax savings. Cross-border families and multinational founders must coordi