What the Murdoch Trust Fight Teaches Drafters of Trust Amendment Clauses

Most trust litigation stays quiet. The filings get sealed, the settlement gets signed, and the rest of us never see how a judge actually weighs a trustee's motives against a trust's own terms. A newly unsealed Nevada probate file breaks that pattern, and it is worth a close read by anyone who drafts or administers an irrevocable trust with an amendment power built in.

The Background

The Murdoch Family Trust, an irrevocable trust, controls the family's voting stakes in Fox Corp. and News Corp. In late 2024, Rupert Murdoch pursued a restructuring effort internally called "Project Family Harmony." The plan would have let him appoint additional trustees with authority over the trust and its controlling shares in the two companies.

A Washoe County, Nevada probate commissioner, Edmund Gorman, reviewed the plan and recommended that the court deny it. His 96-page recommendation was filed in December 2024, but it stayed sealed until January 2026, when the Nevada Supreme Court forced its release. That is the file that, at least, new outlets can now read.

What the Commissioner Found

According to the unsealed recommendation, Gorman concluded the restructuring was built to cement son Lachlan Murdoch's control of the two companies after Rupert's death. He also found it was meant to preserve Rupert's editorial legacy and reduce the influence of his son James Murdoch, seen as the more liberal of the brothers.

That finding mattered because the trust's own language required any amendment to serve the beneficiaries as a group, not to advance one branch of the family over the others. Gorman found the trustee, Cruden Financial Services LLC, and the three managing directors who approved the plan acted in bad faith, abused their discretion, and breached the fiduciary duties they owed to all the trust's beneficiaries. He found the amendment's sole purpose was not the beneficiaries' benefit, as the trust document required. As This Is Reno reported, Gorman wrote that the plan amounted to an effort "to stack the deck in Lachlan's … favor."

Why the Internal Name Became a Problem

"Project Family Harmony" is the kind of label a client or a trustee's advisor picks without thinking much about how it will read years later in a public court file. Once the commissioner concluded the plan actually favored one beneficiary at the expense of others, the internal name became evidence of the gap between the stated purpose and the real one. The Associated Press, in a report carried by PBS NewsHour, noted that Gorman's own opinion used the phrase "carefully crafted charade" to describe the plan.

That is a lesson worth repeating: trust names, internal project names, talking points, and strategy memos do not disappear. If a plan cannot survive being read aloud by a skeptical judge, its name will not help.

Three Drafting and Administration Lessons

The case, and the unsealed determination, offer three lessons: 

• "Sole Benefit of the Beneficiaries" is not Decorative Language: Many irrevocable trusts include a clause requiring that any amendment serve the beneficiaries' collective interest. This case shows a court applying that standard the way it is written, not as a mere formality. If a proposed change is designed to benefit one beneficiary's position over the others, the standard clause is enough to defeat it, even without proof of self-dealing by the person exercising the power.

• Broad Appointment Powers Deserve Real Limits: The amendment here would have let Rupert Murdoch appoint additional trustees with authority over the trust and its controlling votes. A power that broad, held by one person or one branch of a family, is exactly the kind of provision that invites a bad-faith challenge later. When you draft an appointment or modification power into an irrevocable trust, build in a check: an independent trust protector, a defined and neutral process for adding trustees, or a requirement that any amendment be tested against the sole-benefit standard before it takes effect.

• Process is Evidence: The commissioner did not just look at what the amendment said. He looked at who devised it, why, and what the trustee and its directors did when they approved it. That means the process a trustee follows before approving a significant change- board minutes, outside counsel involvement, documented consideration of all beneficiaries' interests- is not paperwork for its own sake. It is what a court will examine first if the amendment is ever challenged.

A Caution on the Posture of this Case

Gorman's findings are a probate commissioner's recommendation to the district court, not a final appellate ruling on the merits. The file only became public because a state supreme court forced disclosure of a sealed record, which is itself a reminder: sealing a trust fight does not make it permanent. If your client's family later disputes the seal, or if a beneficiary successfully argues for access as this one did, the internal reasoning behind an amendment can surface years later, read by people the trustee never anticipated as an audience.

For drafters, the practical takeaway is simple. Write the amendment power narrowly, tie it explicitly to the sole-benefit standard, and assume that someday, someone besides the family will read the file.

New York Times Co. v. Second Judicial District Court, No. 89347 (Nev. Dec. 23, 2025):
https://caselaw.findlaw.com/court/nv-supreme-court/118075965.html
Thanks to Wealth Strategies Journal for reporting the case. 

The $11 Million Man Nobody Knew

Joseph Stancak lived alone on Chicago's Southwest Side. He drove an old car. He wore old clothes. Neighbors guessed he might have been an electrician. Nobody knew much else about him.

He died in 2016 at 87. He left no will. He had no spouse, no children, and no living siblings. For years, his money just sat there. It showed up only as a single flag in the Illinois treasurer's unclaimed property database, marked "over $100." That flag hid the truth: Stancak had quietly built an $11 million fortune, and now there was no one obvious to give it to.

What it took to find his family

An attorney finally obtained the real balance. Locating Stancak's family took real work. Investigators traced Stancak's line back through five generations. They combed obituaries, church registries, and government records across the United States, Poland, and Slovakia. In the end, they identified more than 119 relatives, mostly second- and third-cousins, most of whom had never heard the name Joseph Stancak.

That's the scale a search can reach when nobody plans ahead. A single missing branch of a family tree, once you have to trace it five generations forward, can turn into more than a hundred people scattered across three countries.

Just When it Looked Resolved, It Got Harder

The heirs waited years for their share. Then, right before the court could finally pay them, a will surfaced. It was dated 2015, roughly eighteen months before Stancak died. It left everything to a childcare charity and its president, neither of whom had any apparent connection to Stancak's life. The attorney overseeing the estate called the will "poorly drafted" and said he was "highly suspicious" of it. The lawyer supposedly listed as its drafter had died years earlier in a plane crash.

The court still allowed the will to be entered as evidence, without yet deciding whether it was genuine. That single ruling put every one of those 119 relatives back in limbo, years after they'd first learned they had a claim.

What This Means if You're Not Planning to Leave $11 million

Most families reading this aren't sitting on a fortune like Stancak's. But the pattern in his case isn't really about the size of the money. It's about what happens when nobody has done the work in advance.

Stancak's estate ended up costly and slow for a simple reason: there was no plan, and no map of who was supposed to inherit. Every dollar spent tracing his family across three countries and five generations was a dollar that came out of what his relatives eventually received. Every year the case dragged on was a year those relatives didn't have access to money that was rightfully theirs.

The same risk shows up in far more ordinary families. A parent loses touch with one branch of the family for decades. A sibling estrangement means nobody's spoken in twenty years. A blended family means there's a child from an earlier relationship that half the family doesn't know about. None of that requires millions of dollars to turn into a real, expensive mess for the people left behind. Heir Pros, an heir search firm, puts a number on what that looks like at ordinary-family scale: a $500,000 house that shrinks to roughly $330,000 by the time a missed heir's share is carved back out of it, with that heir netting around $126,000 after a contingency search firm's cut, which is a figure any family can actually picture, not just an abstraction.

If You're Already the Fiduciary

Most of what's written about this problem, including the Heir Pros piece linked below, is aimed at people who are still doing their own lifetime planning. But there's a sharper version of the lesson for whoever is already serving as executor or successor trustee for someone who has died. If that's you right now, the order of operations is what matters: pay for a proper heir search before you write a single distribution check, not after. Once the money is out the door and spent, there's nothing left to claw back from, and a missed heir's claim comes out of your own pocket, not the estate's.

The part you actually control

You can't control whether a mysterious will turns up after you're gone. What you can control, while you're alive and thinking clearly, is whether anyone has to guess who your family is in the first place.

A current, properly executed estate plan does the work Stancak never got the chance to do: it names your family by name and states your intentions in your own words. But naming your family isn't enough. Stancak's millions sat frozen in ordinary bank and brokerage accounts for years precisely because nothing had ever actually been moved into a trust, and no beneficiary form matched any real plan; a signed document sitting in a drawer doesn't retitle an account. A trust that's actually funded keeps your family's money out of a state treasurer's unclaimed-property list in the first place, instead of waiting for someone to build a five-generation chart to go claim it. If you're already serving as someone else's trustee, the same math just runs in the other direction: paying for a proper heir search now costs a few thousand dollars; a missed heir who surfaces after you've already distributed can cost you the house you already sold, plus a contingency contract with a lawyer of your own.

If your own family tree has a branch you've lost touch with, or a relationship your current family doesn't fully know about, that's exactly the kind of thing to raise with your attorney now, while you can still explain it yourself, rather than leaving it for someone else to piece together later at real cost to everyone involved.

For a look at this same problem from the other side, the risk a personal representative takes on if they skip a proper search before closing an estate, the following is  a good piece on what that exposure actually looks like: "The Cost of an Unidentified Heir".

Can’t We All Just Get Along? Fostering Family Harmony in Estate Administration

Estate administration can test even the closest families. Old resentments surface, expectations clash, and grief and money can turn minor misunderstandings into lasting rifts. The worst cases devolve into violence.

The good news is that this conflict and its consequences are largely preventable. Thoughtful planning and deliberate communication can significantly reduce the friction that so often accompanies the settling of an estate,  and that holds true both before death and after it.

The Power of Family Meetings

A central theme of effective estate administration is transparency. When beneficiaries are left to speculate about why certain decisions were made, or when information dribbles out slowly and unevenly, suspicion grows. Regular, structured communication counters that tendency.

One practical step is to hold family meetings at two critical points. The first occurs after the estate-planning documents have been signed. In a calm setting, or via video conference,  the parent or grandparent can explain the plan's overall structure, the reasons for choosing particular fiduciaries, and the broad philosophy behind the distributions. None of this requires disclosing every account balance. This conversation gives the next generation a narrative. It replaces guesswork with understanding, and it often defuses issues that would otherwise erupt later.

Who attends is worth thinking through as carefully as what gets discussed. At minimum, that means the people actually named to act: the successor trustee or executor, and any agents under a financial or health care power of attorney. Adult beneficiaries typically belong in the room too, especially if they're the audience the meeting is meant to reach. In-laws, caregivers, and other family members with no formal role are usually better left out—not to keep secrets, but to keep the conversation focused on the plan rather than who else is in the room. 

One common exception is a beneficiary's spouse in a genuinely stable, long-term marriage, particularly where the spouse is instrumental in the family, such acting as a caregiver for an in-law, nephew or niece; some families include them deliberately, on the theory that excluding them just moves the conversation to a kitchen table the parent isn't at. 

Whatever the structure of the meeting, it's worth memorializing in some way: a short follow-up letter summarizing what was discussed, a brief note in an attorney's or financial planner's file documenting who attended and what was covered, or, where the client is comfortable and with advice of counsel, a recording of the parent explaining their own reasoning. That contemporaneous record often bridges a later dispute and a quick resolution. 

For a client who values privacy above all else, the meeting can be scaled back accordingly. The details can be limited to what successor trustees or executors need to act quickly when the time comes—where the documents are kept, who to call, and what the first steps look like—without walking through account balances or distribution shares. At minimum, health care agents should leave with their own copy of the health care power of attorney in hand, not just a description. A document that exists only in a binder at the lawyer's office does an agent no good in an emergency room at eleven at night.

The second meeting should take place early in the administration process. This might be shortly after death, or after a principal's incompetency, incapacity, or move to a facility. Within the first several weeks, once the immediate arrangements are behind the family and before a vacuum of information has time to form. The fiduciary and the beneficiaries gather, in person or by video, to review the roadmap: what the documents say, what the realistic timeline looks like, what information will be shared and when, and how questions will be handled. Counsel may or may not be involved in this meeting. Counsel will generally advise participation, but the family may want to forego the cost and expense.  Regardless, putting issues on the table early, while allowing everyone to be heard, reduces the sense that decisions are being made behind closed doors.

These meetings echo a point we have emphasized in earlier articles about late-life planning. Last-minute changes to wills or beneficiary designations, especially when made in isolation, often spark litigation—the "magical mystery tour" of contests, delays, and legal fees. Plans explained while the creator can still answer questions tend to move more smoothly.

Logistics Matter

Where and how a family meeting happens is not just a scheduling detail. It can be a safety decision. Grief, anger, and old family resentment do not always stay contained, and a disputed inheritance is one of the more reliable ways to bring years of tension into a single room at once. The worst cases remind us that gathering everyone in one room is not automatically the safest way to have this conversation.

A telephone or video conference is worth considering for exactly this reason. It lets every participant speak candidly without anyone in the room being able to physically intimidate, loom over, or threaten another person. No one can block a doorway, corner a sibling in a hallway, or let a raised voice turn into something physical. The conversation still happens. The safety risk that comes from putting people in the same physical space does not. This matters most when a participant's judgment or self-control may be compromised by a mental or physical disability, an active illness, acute grief, or plain rage, or when someone has already said or done something that signals real hostility. In those situations, a video call is not a lesser substitute for meeting in person. It is the more responsible choice.

Video also preserves something a phone call loses. Everyone can still see faces and read tone, which keeps the meeting feeling like a family conversation rather than a conference call about someone else's inheritance.

When a family genuinely prefers, or needs, to meet in person, a neutral location is worth considering over a private home: the attorney's conference room, a library conference room, a hotel meeting room, a church or senior center.  These might be preferable to a family member's kitchen table. A professional setting tends to keep behavior more measured, and it gives the attorney or fiduciary a natural, non-confrontational way to end the meeting if it starts to go sideways. Whatever the format, decide in advance and say plainly to all involved: the goal of the meeting is a calmer estate, not a reenactment of the conflict the plan is trying to prevent.

Choosing Fiduciaries with Harmony in Mind

The choice of executor or trustee is another frequent flashpoint. Naming one child over others, or naming co-fiduciaries who do not work well together, can place family members in adversarial roles. A corporate or independent fiduciary often serves the family better when relationships are already strained, when there is a blended family, or when the assets or tax issues are complex. An institutional trustee brings process, experience with difficult dynamics, and, most importantly,  neutrality. No sibling is left feeling that another sibling holds unchecked power over the inheritance.

That said, an institutional trustee is not free of trade-offs. It charges a fee, and it will not know the family's history the way a sibling or a longtime family friend would. Families who want neutrality without fully giving up a personal touch sometimes turn to a specific type of corporate trustee built for this role, name a corporate trustee alongside an individual co-trustee, or reserve certain personal, non-financial decisions to a family member while the institution handles the accounts. The right balance depends on exactly how much conflict the family is trying to insure against.

This recommendation aligns with the broader planning philosophy we have discussed for resilient estate plans. A well-structured revocable trust administered by a capable trustee, family or professional, generally produces less conflict than a collection of payable-on-death designations, joint accounts, and beneficiary forms that can be changed with little formality or oversight. Clear fiduciary authority, coupled with the duty to inform and account, creates a framework that is harder to attack and easier to understand.

Building Conflict-Resistance Into the Plan

Meetings and communication matter, but a well-drafted plan can also do some of this work on its own. A few tools worth considering:

A no-contest, or in terrorem, clause conditions a beneficiary's share on not challenging the plan, or, in a broader version, not challenging a wider range of the decedent's estate-planning decisions.  It does not stop a determined challenger with nothing to lose, but for a beneficiary who is already receiving a meaningful share, it raises the cost of a marginal or tactical contest considerably.  Some Ohio practitioners use a “peace and tranquility” clause, a provision that charges a beneficiary’s share with the cost of nuisance objections or delay. Local tradition attributes a humane version of that idea to drafting associated with the late Judge Willard F. Spicer, longtime Summit County Probate Judge.

A trust protector is a neutral third party, separate from the trustee, given specific authority to interpret ambiguous provisions, resolve disagreements among co-trustees, or make limited administrative adjustments as circumstances change over the years a trust may run. For a trust expected to last decades, having someone who can settle a genuine ambiguity without a trip to court is often the difference between a disagreement and a lawsuit.

A mediation or arbitration clause keeps disputes that do arise out of open court. That matters for two reasons. Litigation is public record and adversarial by design; the process itself can end a family relationship the estate plan was meant to protect. Requiring mediation first, with arbitration as a backstop, gives a family the chance to resolve a disagreement without that added damage.

Prevention Still Beats Damage Control

Many of the disputes that arise during administration have their roots in decisions made, or avoided, years earlier. Plans executed in a hurry near the end of life carry real risk. As we have written in our articles on late-in-life planning, courts will look beyond the words of a will or trust when the circumstances surrounding its signing contradict what those words claim to accomplish. A plan signed in isolation, shortly before death, with no contemporaneous record of the reasoning behind it, is exactly the fact pattern that invites that kind of scrutiny. Planning undertaken while capacity is clear, documented carefully, and communicated appropriately stands on firmer ground, both legally and relationally.

Consider two versions of the same family. In the first, a parent quietly rewrites a trust two months before death, after a hospitalization, without telling anyone. The children learn of the change at the reading of the trust, alongside a diagnosis they never knew about and a rewritten distribution scheme they were not prepared for. Litigation follows almost as a matter of course. In the second, the same parent made a similar change two years earlier, walked each child through the reasoning at a family meeting, and had a physician's and counsel's contemporaneous capacity note document the change. The outcome may be identical on paper. The family's experience of it, and the odds that it survives a challenge, are not.

Supported decision-making arrangements, carefully drafted powers of attorney, and thoughtfully funded trusts can also reduce the likelihood that a guardianship becomes necessary. That outcome, as this blog has discussed before, often introduces its own layers of family tension and loss of autonomy, on top of whatever health crisis brought the family to that point in the first place.

Practical Habits That Help

• Select fiduciaries with an honest assessment of family dynamics, not just sentiment.

• Use a professional or corporate trustee, or a neutral trust protector, when conflict is foreseeable.

• Hold both family meetings, and send a short written agenda beforehand so no one arrives blindsided.

• Build a communication protocol into the plan itself, e.g., who receives updates, on what schedule, and through what channel, and follow it even when there is nothing new to report.

• Be upfront that the attorney represents the fiduciary. Be equally upfront that the fiduciary's duties still run to every beneficiary, not just to the person who hired the attorney.

• Consider a no-contest clause and a mediation or arbitration provision, so that disagreements have a path that does not run through open litigation.

• Document major decisions and the reasoning behind them, even when a formal accounting is not legally required.

Complete harmony is not always achievable. Some family relationships arrive at the estate-administration stage already fractured. Even in those cases, process and transparency limit the damage. They give reasonable beneficiaries confidence that the rules are being followed, and they make it harder for a discontented party to claim that information was withheld or that the fiduciary acted arbitrarily.

Final Word

Estate administration will always involve detail, deadlines, and difficult emotions. It does not have to involve scorched-earth conflict. The families that navigate it most successfully are usually those whose planning was communicated clearly during life and whose administration is conducted with deliberate openness after death. That combination, backed by a plan drafted to withstand disagreement rather than invite it, remains one of the most effective conflict-avoidance strategies available. If your own plan was drafted years ago without any of these tools in mind, it is worth a conversation about adding them.

Why I Almost Never Recommend Naming Three Co-Trustees

When clients ask whether all three children, or all their beneficiaries, or just three trusted people, should serve together as co-successor trustees, I generally recommend against it. It may feel like the "fair" or inclusive choice. In practice, it often creates more problems than it solves. Here are the primary reasons, along with several secondary considerations.

1. Trust administration is largely an administrative function, not a deliberative one

Serving as trustee is, for the most part, a series of administrative tasks: paying bills, filing tax returns, managing accounts, making distributions, keeping records. These aren't decisions that benefit from group input the way a business strategy decision might. Think of how most married couples handle their finances. One spouse balances the checkbook and manages the day-to-day accounts, while the other is largely uninvolved. That division of labor works well precisely because it eliminates redundancy and delay. Trust administration is similar. It's typically not a job where "two heads are better than one." It's best done efficiently by one accountable person who can act without coordinating every check, filing, and distribution with two other people.

2. Multiple trustees create political dynamics that damage family relationships

In my experience, this is the more serious problem. When three siblings or family members are named as co-trustees, two of them almost always align, by personality, geography, or just a pattern of who talks to whom, while the third gradually feels left out. This is rarely intentional, at least at first. Think of any three people you know, and you'll likely find that two of them talk more easily to each other than either does to the third.

Over time, the excluded co-trustee begins to feel that decisions are being made without them. They're presented with a fait accompli instead of being genuinely consulted. That sense of exclusion breeds resentment. Keep in mind, too, that everyone is still grieving, and emotions and sensitivities may be heightened.  Resentment among co-trustees often escalates into full-blown disputes, sometimes over matters they would not ordinarily disagree on. Some of those disputes become serious enough to result in litigation or a will or trust contest. A single trustee avoids this dynamic entirely. So, usually, do two trustees with a genuinely good working relationship.

Additional reasons to avoid three co-trustees

• Delay. Unanimity or majority-vote requirements slow everything down. Banks, title companies, and other institutions often require all co-trustees to sign documents, even if the trust permits less or allows one trustee to bind all of them, which means routine transactions can stall while everyone waits on one person's signature or availability.

• Shared blame, regardless of fault. Each co-trustee has an independent legal duty to watch the others. Under most states' trust codes, a co-trustee isn't automatically on the hook for a colleague's misconduct simply by holding the title. But a co-trustee who fails to catch a serious breach, or fails to act once one comes to light,  can be held personally liable for it. In practice, that means each co-trustee faces real risk for decisions they didn't make and may not have fully understood. Not because the law assumes shared guilt, but because the law expects each of them to have been watching.

• Cost. More trustees usually means more communication, more questions, more meetings, and more professional consultations to get everyone comfortable with a single decision. All of that adds administrative expense and, in some cases, more trustee compensation to pay for it.

• Diffusion of responsibility. When three people are equally responsible, each one tends to assume someone else is handling a given task. Important deadlines and duties can fall through the cracks as a result.

• Majority rule has a cost. With three trustees, disagreements can resolve into a 2-1 vote rather than genuine consensus. That outcome doesn't solve the political problem described above; it just formalizes it.  The trustee on the losing end knows exactly who voted against them.

What I typically recommend instead

I typically recommend naming one trustee, with a full line of successors-- not just one backup, but two, three, or four, named in order, in case the first choice cannot or will not serve. Occasionally, two trustees make sense if they have a demonstrated history of working well together. Some family configurations invite two trustees by design: a representative from among the natural children serving together with a representative of the stepchildren, for example, giving each side of a blended family a seat at the table.

Naming a single trustee doesn't mean leaving that person unsupervised, and it shouldn't. The answer to "who watches the trustee" isn't a second or third co-trustee.  It's oversight that doesn't require day-to-day coordination.  In simple plans, beneficiaries take on this responsibility by reviewing decisions and reports and asking questions.   A trust protector with the power to remove and replace a trustee, a beneficiary's right under most state trust codes to demand a periodic accounting or report, or a corporate trustee paired with a family member in an advisory rather than co-equal role can all supervise a sole trustee without recreating the committee problem this article is about. 

I've written elsewhere about trust protectors and corporate trustees in the context of estate administration. The short version: supervision and shared administration are two different tools, and confusing them is part of why three-trustee arrangements go wrong.

If it's your trust, you are the boss. These are recommendations based on specific considerations, not hard-and-fast rules. You decide which considerations matter most in your estate plan.

These considerations preserve administrative efficiency while reducing the risk that the trust becomes a battleground for old family dynamics.

The Benefits of Owning a 529 Plan in a Trust

A 529 education savings plan is one of the most tax-efficient ways to save for qualified education expenses. When the account is owned by an individual, however, control, continuity, and multi-generational planning can be limited. Placing a 529 plan in a trust can resolve many of those limitations. The trust must be properly drafted for the 529 specifically, though; a generic trust will not do.

Key Benefits of Trust Ownership

When a trust owns a 529 account, the trustee, rather than an individual donor, controls the account. This structure offers several practical advantages:

• Continuity of Management: If the original contributor dies or becomes incapacitated, the trustee continues to manage the account. You don't need to retitle it or rely on a power of attorney that a 529 custodian may reject. Most 529 plans do let an individual owner name a successor owner directly on the account, and for a family whose only goal is continuity, that simpler step may be enough. A trust does more than a successor-owner designation can, though. It survives the death of both the original owner and any named successor, and it binds the beneficiary-change decision to the terms the family actually agreed on, rather than to whatever the next person in line happens to decide.

• Beneficiary Flexibility: An individual owner can already change the beneficiary to another qualifying family member under the federal rules. A trust adds structure around that decision.  The trustee exercises it according to the trust's terms, not at the unconstrained discretion of whoever happens to hold the account.

• Integration with the Broader Estate Plan:  The 529 becomes part of a coordinated plan rather than a standalone account that may be overlooked or mismanaged.

• Multi-generational Use. Unused funds can benefit later generations under the trust terms, subject to Section 529's rules on qualified beneficiaries. Moving funds to a beneficiary in a younger generation than the original one is not automatically free, however. Section 529(c)(5) can treat that kind of change as a taxable gift, and it may carry generation-skipping tax consequences. A trust intended to shift education funds down the family tree should be drafted with that rule in mind.

• SECURE Act 2.0 Rollover Opportunity. Up to $35,000 of unused 529 funds may be rolled into a Roth IRA for the beneficiary, and a trustee can oversee that decision. The opportunity comes with real conditions: the account must have been open more than fifteen years, contributions made within the last five years are not eligible, and each year's rollover is capped at that year's ordinary Roth IRA contribution limit. This is not a one-time $35,000 transfer.

These benefits make trust ownership especially attractive for grandparents or parents who want professional or successor management while preserving the tax-free growth and qualified withdrawals that make 529 plans valuable.

Revocable or Irrevocable: Which Is Better?

There is no universal answer. The better choice depends on the client's goals.  The bigger point, though, is that both revocable and irrevocable trusts can administer 529 Plans.  Each offers benefits: 

Revocable Trust. A revocable living trust offers maximum flexibility. The grantor can amend the trust, change the trustee, or terminate the arrangement entirely. For most clients who primarily want continuity and management during incapacity or after death, a revocable trust is often sufficient and simpler. It generally offers no additional creditor protection beyond what the account would have in the grantor's own name. On the estate-tax side, IRC Section 529(c)(4) already excludes 529 account values from the contributor's gross estate as a general matter, apart from a narrow clawback if the contributor dies during a five-year gift-averaging election. That protection exists independently of trust ownership. Whether it carries through cleanly when a revocable trust, rather than an individual, is titled as the account owner is a more open question, and one worth confirming with the specific plan rather than assuming either way.

Irrevocable Trust. An irrevocable trust can remove the 529 assets from the grantor's estate with more certainty and may provide greater protection from creditors. It can also support more sophisticated multi-generational planning, including generation-skipping structures. The trade-off is reduced flexibility. Once the trust is irrevocable and the 529 is transferred, changes are limited. Irrevocable trusts also require careful attention to gift-tax consequences at the time of funding, to the ongoing identity of the "account owner" for Section 529 purposes, and to the 529(c)(5) issue noted above if the plan contemplates moving funds to a younger generation later on.

For many families focused on education funding and incapacity planning, a revocable trust is the more practical choice. Clients with larger estates or specific asset-protection goals may benefit from an irrevocable structure, but only with precise drafting.

Financial Aid Treatment

Any comparison of ownership structures should also account for financial aid. Under current FAFSA rules, a 529 account owned by a grandparent or other third party no longer counts against the student; that changed a few years ago and reversed the older, less favorable rule. A trust-owned account, admittedly, sits in less settled territory. No uniform answer exists for how a trust-owned 529 is reported, or whose asset it is treated as, on the FAFSA or the CSS Profile. Families expecting need-based aid should consult with counsel, the plan administrator, and perhaps a financial aid specialist before assuming a trust-owned account will be treated the same as an individually owned one.

A Critical Caution: Generic Trusts Can Jeopardize 529 Benefits

Not every trust is suitable to own a 529 plan. Many generic or "form" trusts contain no language addressing 529 accounts. That silence creates real risk.

Section 529 plans have strict rules regarding the account owner, the designated beneficiary, and the use of funds for qualified education expenses. The plan's tax advantages can be threatened if a trust's terms are ambiguous about who may direct distributions, who may change the beneficiary, how the trustee must treat the account for a particular qualified beneficiary, or whether the trustee is authorized to take the actions the 529 custodian requires. In the worst case, distributions could lose their tax-free character, or the plan custodian could administratively reject the account.

A well-drafted trust should contain specific provisions that:

• Authorize the trustee to open, own, and manage 529 accounts,
• Direct how the trustee is to use the funds for a named or described qualified beneficiary,
• Permit changes of beneficiary only among eligible family members, with attention to the 529(c)(5) gift-tax rule when a change moves funds to a younger generation,
• Coordinate with the trust's distribution standards so that education expenses are properly paid or reimbursed, and
• Anticipate financial aid treatment where the family expects to seek need-based aid.

Without these provisions, the very benefits that make trust ownership attractive can be undermined. It is also worth checking the state's own 529 program. Many states offer an income-tax deduction or credit for contributions, and that benefit is often conditioned on who the account owner is. A trust-owned account may not qualify in every state, even when the trust itself is properly drafted for federal purposes.

Bottom Line

Owning a 529 plan in a trust can provide continuity, control, beneficiary flexibility, and better integration with an overall estate plan. A revocable trust is often the simpler and more flexible vehicle for most clients. An irrevocable trust may be preferable when estate-tax removal or asset protection is a primary goal. In either case, the trust instrument must specifically address 529 ownership and administration. Generic trust language is not enough and can put the plan's tax benefits at risk.

Clients who hold or intend to fund significant 529 accounts should review those accounts with their estate planning attorney. The goal is an ownership structure and trust terms that actually support the educational legacy the family intends to create, rather than one that quietly works against it.

The Ultimate Smart Home Toolkit for Aging in Place: 2026 Update

Aging in place isn't just about staying home; it's about living well at home, with technology quietly handling the heavy lifting so you can focus on the moments that matter. This 2026 update to our original smart home toolkit reflects a year of real movement — new watch generations, an AI companion robot that's now free in several states, and a humanoid-robot timeline that remains firmly out of reach. It covers everything from fall prevention to cognitive support, medication management to social connection, all while prioritizing privacy and ease.

As we've explored in "Frequent Use of Technology Slows Cognitive Decline" and "Take Charge of Your Cognitive Health with Simple Lifestyle Changes," small tech investments pay massive dividends in independence, safety, and peace of mind. Let's dive in.

Fall Prevention & Emergency Response

Device/App	Why It Works	Senior-Friendly Setup Trick	Cost	Best For
Apple Watch Series 11	Automatic hard-fall detection with a ~90-second window before it calls 911 on its own; added FDA-cleared hypertension notifications and up to 24-hour battery.	Enable Fall Detection + Emergency Contacts in Watch app; pair with Medical ID on iPhone.	$399–$429	Active seniors; seamless iPhone integration; those who want medical-grade sensors.
Apple Watch Series 10 (clearance)	Identical fall-detection system to the Series 11 — same sensors, same automatic 911 calling — at a discount now that Series 11 is the flagship.	Same setup as Series 11; look for third-party retailer pricing.	Reduced from $399	Budget-conscious iPhone users who don't need the newest chip.
Google Pixel Watch 4	Fall, car-crash, and now Loss of Pulse Detection; a June 2026 update added Emergency Sharing, so a detected incident calls 911 and texts chosen contacts automatically — with different contacts settable per event type.	Turn on Loss of Pulse and Fall Detection in the Pixel Watch Safety app; assign specific emergency contacts.	$349+	Android users, especially those with cardiac risk factors.
Samsung Galaxy Watch 9	New Snapdragon Wear Elite chip, a 5,000-nit display that's easier to read outdoors, and Samsung's fall-detection suite alongside irregular heart rhythm alerts.	Set "Hard Fall Detection" sensitivity; share via Samsung Health.	$349–$449	Android users who spend time outdoors or have low vision.
Medical Guardian MGMove	Dedicated medical alert watch with fall detection, GPS, and a caregiver app — no smartphone required.	Built-in speaker for two-way talk; no pairing needed.	$199 + ~$45/mo	Non-tech-savvy seniors who want 24/7 professional monitoring rather than a phone-dependent watch.
Life360 Family Locator	Real-time location sharing, arrival/departure alerts, SOS button.	Create "Places" for doctor, grocery; set geofence alerts.	Free (premium ~$8/mo)	Family coordination; works on any phone.

Pro Tip: Combine a smartwatch with Life360: family sees when you leave and arrive safely, and the watch itself calls for help if you can't.

A note on choosing between watches: independent 2026 testing consistently ranks Apple Watch fall detection as the most reliable, with the Pixel Watch 4 close behind now that Loss of Pulse Detection is live. If reliability matters more than platform loyalty, weigh that before committing to Android or iPhone.

Cognitive Health & Daily Structure

Tool/App	Benefit	Senior-Friendly Trick	Cost
Amazon Echo Show 15	Voice reminders, video calls, brain games, photo frames.	Set Routines: "Good morning" → news, meds, stretch video. Drop In for family check-ins.	$279
Google Nest Hub Max	Google Assistant reminders, video calls, photo slideshows, sleep sensing; now with deeper Gemini-based conversational reminders.	"Hey Google, call Sarah" or "Show family photos."	$229
Apple HomePod Mini + iPad	Siri reminders, FaceTime, Apple TV for games/shows.	"Hey Siri, remind me meds at 8 AM." Large iPad text for ease.	$99 + iPad $329+
GrandPad Tablet	Pre-loaded games, family photos, video calls, no ads.	Family uploads content remotely.	Subscription includes data
Lumosity / Elevate / Peak	Daily brain games associated with slowing measurable decline.	Voice-guided on Echo Show; short sessions.	Free–$59/yr
CaringBridge	Private site for family updates, mood logs, appointment sharing.	Reduces phone calls; family posts photos.	Free

Pro Tip: Use voice assistants for "memory anchors," e.g., "Alexa, play Frank Sinatra at dinner" to trigger positive recall, a technique consistent with using routine and familiar cues to support implicit memory in early cognitive change.

Medication & Health Management

Solution	Feature	Privacy Trick	Cost
Hero Pill Dispenser	Auto-dispenses meds, alerts family if missed.	Local storage only.	~$99/mo
CarePredict Tempo	Wearable tracks activity, eating, sleep; AI flags changes.	Family app alerts only.	Device + monthly fee
Withings BPM Connect	Wi-Fi blood pressure cuff, syncs to phone.	Share read-only.	~$130
Omron HeartGuide	Watch-style BP monitor.	Data on-device.	~$500
Kinsa Smart Thermometer	Fever alerts to family.	Encrypted sharing.	~$30
MedMinder Maya	Locked pillbox with lights/sounds, family alerts.	HIPAA-compliant.	~$59/mo
Automation	Link a pill dispenser to a smart speaker: "Alexa, did I take my pills?" → confirms.

Security & Peace of Mind

Device	Protection	Senior Hack	Cost
SimpliSafe	Door/window sensors, glass break, 24/7 monitoring.	Voice disarm with Alexa.	$15–30/mo
ADT Medical Alert Plus	Fall detection pendant + home security bundle.	One-button help.	$35/mo+
Arlo Essential Cameras	2K video, local storage option.	Motion zones for porch only.	$79+
August Wi-Fi Smart Lock	Keyless entry, temporary codes.	Auto-lock 5 min.	$229
Ring Doorbell + Neighbors App	Video doorbell, community alerts.	Quiet mode for naps.	$100 + $10/mo optional

Robotic Companions & Cleaning Helpers: 2026 Reality Check

This is the category that moved the most, and in a different direction than expected a year ago.

Device	What It Does	Readiness	Cost	Notable Change
ElliQ 4	AI companion — proactive conversation, medication and wellness reminders, mood check-ins, gentle exercise coaching.	Available now, widely deployed.	~$600–$1,000/year subscription; free through state aging programs in New York, Florida, New Jersey, Michigan, California, and Washington.	The biggest shift in this whole category: state Area Agencies on Aging are now distributing ElliQ at no cost to eligible seniors, with New York reporting a large drop in loneliness among users after 30 days.
Roborock Qrevo CurvX / Dreame L40 Ultra Gen 2	Robot vacuum/mop with self-empty, self-cleaning mop pads, tangle-free brush design.	Available.	Roughly $700–$1,200 depending on model.	The $300–$1,000 tier now includes features that used to cost much more. Prices have compressed.
Tesla Optimus Gen 3	Humanoid robot for chores, companionship (prototype/factory use).	Still not for sale. Entered limited factory production in 2026.	Long-term target $20,000–$30,000; near-term consumer units estimated $50,000–$80,000+.	No pre-orders exist. Treat any site claiming otherwise as a scam.

Privacy-First Setup & Bonus Hacks

• Family Tech Hub: Dedicated tablet for caregiver access only.
• Local Storage: Choose cameras with local, non-cloud storage options where available.
• Two-Factor Everything: Use authenticator apps rather than SMS where possible.
• Bonus: Circadian-rhythm smart lighting, sleep-tracking rings, and meal delivery services with family-shared accounts round out a well-rounded setup.

If you were waiting on Optimus: don't build a 2026 or 2027 care plan around it. The realistic window for a general-purpose home robot at a household price point is still years out. ElliQ, by contrast, has gone from a promising pilot to a genuinely accessible option for many families; check with your state or local Area Agency on Aging before paying for a subscription.

What's New in This Update

For readers who read the original 2025 edition, here's what actually changed over the past year, and what didn't:

• Watches: Watches got more medically capable, not just more features. The Apple Watch Series 11 added FDA-cleared hypertension notifications and longer battery life; the Pixel Watch 4 added Loss of Pulse Detection and, as of a June 2026 update, automatic Emergency Sharing that texts different contacts depending on the incident type detected. Fall detection itself is now table stakes across all three major platforms; the real differentiation has moved to what happens after a fall is detected.

• ElliQ: ElliQ went from promising to genuinely accessible. The biggest change in this toolkit is that ElliQ is now distributed free through state aging programs in at least six states, rather than being a $ 250-plus monthly-fee purchase only wealthier families could consider. If cost was the barrier keeping this off your list last year, it's worth checking again.

• Vacuums: Robot vacuums got cheaper at every capability tier. Features that required a $1,500+ purchase in 2025, such as full self-emptying docks, mop-pad washing, and tangle-free brush design, are now common in the $700–$1,200 range, and even budget models under $500 include basic self-emptying.

• Humanoid Robots: The humanoid robot timeline slipped, as expected. Tesla Optimus remains unavailable to consumers. It entered limited factory production in 2026, but most analysts treat Musk's "end of 2027" target as optimistic, with 2028–2029 more realistic. If you were holding off on other home-safety investments while waiting for a general-purpose home robot, that wait just got longer; it's worth investing in the tools above now rather than planning around Optimus.

• What We removed: Miro-E Social Robot has been dropped from this update after remaining sold out with no confirmed restock, and several devices from the original list (Google Nest Hub Max's sleep-sensing aside) simply hadn't changed enough to warrant new commentary.  Where a device is unchanged from last year, we've kept the original entry rather than manufacturing false novelty.

Conclusion

 

This toolkit turns your home into a dementia-friendly, fall-resistant, caregiver-supported sanctuary, all while keeping you in control. Tech evolves fast, and this guide will keep evolving with it.  Readers should remain vigilant and consult professionals when evaluating specific risks. By combining awareness with proactive planning, families can safeguard independence and thrive as they age in place.

As always: this list moves fast, and the right combination depends on the specific person, home, and level of support needed. Consult a professional,  a geriatric care manager, an occupational therapist, or an aging-in-place specialist before making major purchases, especially subscription-based ones.

The Missing Pillar in Succession Planning: What Happens If the Owner Loses Capacity First

A recent piece in the Wealth Strategies Journal, "Putting the Success in Succession Planning" by Katherine M. Sheehan, J.D., AEP, ATFA, lays out a genuinely useful framework for family business owners: successful transitions integrate estate planning, tax strategy, governance, and family dynamics, rather than treating succession as a single document or a single transaction. As Sheehan puts it, "succession planning is a continuing process, not a single transaction." That framing is worth taking seriously, and the article is worth reading in full.  It walks through discovery questions advisors should ask, the tension between equal and identical treatment among children with different roles in the business, the importance of keeping governing agreements current, the tax traps that come from planning too late (or too opportunistically), and a clear-eyed tour of the standard transfer techniques, from outright gifts to grantor trusts to GRATs.

What the article doesn't have much room to say (understandably, since its focus is on tax and transaction structure) is what happens when the owner's capacity, not just their eventual death or exit price, becomes the constraint. That gap is where elder law belongs in this conversation, and it deserves to be treated as a fifth pillar alongside the four Sheehan names, not an afterthought bolted onto the estate-planning piece.

Death Is the Predictable Trigger. Incapacity Is the One Nobody Plans For

Sheehan's discussion of governing agreements lists disability and incapacity among the triggering events a shareholder or operating agreement should address, and that's correct as far as it goes. But in practice, most closely held business owners we see have governing documents that handle death cleanly; there's a buy-sell provision, a valuation formula, and a funding mechanism.  Most, however, handle incapacity badly or not at all. That asymmetry matters more than it might seem, because incapacity, unlike death, doesn't resolve anything. It just freezes decision-making at the exact moment decisions are most needed: payroll still has to run, contracts still have to be signed, and a buyer's letter of intent still has to be responded to.

Without a plan, the default answer to "who signs for the company now?" is a guardianship or conservatorship proceeding, in which a court appoints someone to step into the incapacitated owner's shoes. That is close to the worst-case outcome for a business. It is public, it is slow, it typically requires court approval for major transactions, and it hands the outcome to a judge who has never met the company, the family, or the successor generation Sheehan spends so much of her article helping families evaluate. A business under conservatorship is not a going concern being carefully stewarded; it's an asset in limbo while the litigation clock runs on customers, lenders, and key employees who were never going to wait around to find out how it will be resolved.

The fix is not exotic. It's the same tools elder law attorneys reach for in almost every incapacity-planning conversation: a trust to manage life-time decision-making, explicitly addressing business decision-making, coupled with a strong competency clause appointing a primary care doctor, or other trusted professional, to make binding decisions regarding competency and capacity, together with a durable power of attorney that specifically and explicitly addresses business decision-making, rather than a generic financial power of attorney that a bank or transfer agent will hesitate to honor when a signature line reads "President and CEO."  A successor trustee named in advance, who already knows the family and the succession plan because they were part of the conversations Sheehan describes, can step in immediately and without a court filing. That is the entire difference between a transition and a crisis.

The Family-Dynamics Section Gets Harder, Not Easier, as the Owner Ages

Sheehan is right that regular family meetings and independent consultants help prevent the surprises that damage relationships, and that equal treatment among children doesn't require identical treatment when their roles in the business differ. Those points track closely with what we've written here before about family harmony in estate administration generally: beneficiaries who understand the reasoning behind a plan, because the person who made it explained it to them while still able to answer questions, are far less likely to contest it later.

The complication specific to aging business owners is that the window for that conversation is often shorter and less predictable than families assume. A plan that gets rewritten or finalized only after a health scare — after the diagnosis, after the first hospitalization, after the family has already started quietly worrying about the person's judgment — invites exactly the kind of substance-over-form scrutiny we discuss routinely regarding late-in-life planning.  Late, isolated changes to who controls a valuable asset are the single most common fact pattern behind will and trust contests. The lesson isn't unique to businesses, but businesses raise the stakes considerably because the "asset" in question is everyone's livelihood, and because a successor's fitness to run the company is a much more loaded question than a successor's fitness to inherit a bank account. The honest answer is that succession planning for a family business should start earlier than most owners are emotionally ready for it — not because death or incapacity is imminent, but precisely because nobody can know in advance whether it will be.

The Liquidity Event Is Also an Aging-in-Place Planning Event

Sheehan's closing point, that a sale or transfer changes the balance sheet but doesn't complete the planning, deserves one more layer for owners in or approaching their later years. A liquidity event that converts an illiquid, hard-to-value business into a diversified portfolio isn't just a tax and investment-policy question. For an aging owner, it is very often the first time there is enough accessible, liquid wealth to actually fund the kind of care they'd prefer as they age: in-home care, modifications that let them stay in their own house, geriatric care management, the sort of support that a personal care agreement can formalize and compensate family caregivers for providing. 

That money should be positioned with that purpose in mind,  held in a trust structure that can respond to a long-term care need without a new round of court involvement, and coordinated with the same updated powers of attorney, healthcare directives, and beneficiary designations Sheehan rightly flags as post-sale housekeeping. A founder who spent decades building a company's resilience deserves a resilient plan.

None of this competes with Sheehan's framework; it completes it. Estate planning, tax strategy, governance, and family dynamics address who ultimately owns and runs the business. Incapacity planning answers a narrower but more urgent question: who is legally authorized to act tomorrow, if the owner can't. Every family business succession plan should be able to answer both.