Lawyers Warn Wrong Trustee Choices Can Jeopardize $124 Trillion Wealth Transfer

1 articles · Updated · USA TODAY · Aug 16

Trusts are becoming more common in U.S. estate planning, but lawyers say a poorly chosen trustee can derail distributions, trigger disputes and expose families to slow, public probate fights.
Trust & Will’s 2026 survey of 5,000 adults found trust ownership rose to 14% from 11% in 2025, even though 56% of U.S. adults still have no estate planning documents.
Lawyers said bad trustees often lack financial skill, time or neutrality, while even honest trustees can spark lawsuits by failing to communicate, provide accountings or follow trust terms.
Duke Shih, 57, said trustee turnover, sibling challenges and a nonresponsive professional fiduciary burned more than $150,000 in fees and left his inheritance tied up.
Experts urged families to treat trustee selection like a job interview, explain decisions to heirs and build safeguards into documents, including deadlines, written accountings and a trust protector.