JOURNAL ARTICLE

THE COMING PROBATE STORM: How America's Demographic Shifts Are Reshaping Litigation Over Estates.

  • Published In: Probate & Property, 2026, v. 40, n. 2. P. 22 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Malach, Steven H. 3 of 3

Abstract

The article focuses on the increasing complexity and volume of probate litigation arising from the aging of the baby boomer generation, who control a majority of U.S. household wealth and are living longer with associated cognitive and health challenges. Key issues include disputes over legal capacity, contested wills and trusts, and real estate conflicts as boomers age in place and estates transfer amid a shifting housing market. The rise of trust-based estate planning, while avoiding probate, introduces new risks due to lack of court oversight, trustee mismanagement, and digital manipulation facilitated by technology. Attorneys face ethical challenges and must adopt proactive, transparent strategies—including documenting capacity, clarifying representation, and preparing for digital evidence—to navigate the evolving landscape of elder law and estate disputes. [Extracted from the article]

Additional Information

  • Source:Probate & Property. 2026/03, Vol. 40, Issue 2, p22
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2026
  • ISSN:0164-0372
  • Accession Number:192606002
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