Trust ownership among U.S. adults rose from 11% in 2025 to 14% in 2026, reflecting a growing use of trusts in estate planning. Aging Baby Boomers are preparing to transfer a forecasted $124 trillion over the next 12 years, but many lack proper documents, which may increase the risk of costly disputes.

Trust & Will’s 2026 estate planning report, based on a survey of 5,000 adults, highlights the growing use of trusts and the pitfalls of selecting the wrong trustee. Choosing an unsuitable trustee can cause mismanagement, family conflicts, and expensive legal battles, as illustrated by Duke Shih’s family, who spent over $150,000 in fees due to contested trustee issues. Lawyers Edmund Yan and Christine Walker-Bowman stress the importance of transparency and communication, recommending personal letters to clarify intentions and help prevent silence that can lead to lawsuits.

If a problematic trustee is chosen, suggested steps include requesting documents, sending letters, and potentially involving legal action as a last resort.

While Montana is not specifically mentioned in the article, some readers might consider that dispersed populations and strong family ties could heighten risks of trustee miscommunication and legal delays. Montanans could consider careful trustee selection and clear communication to help avoid costly estate disputes that might disrupt family and business continuity.

Before death, ask yourself how much you trust your trustee
By Medora Lee, USA TODAY

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How Trust Shapes Retirement Security