The Greatest Wealth Transfer—Or the Greatest Wealth Confiscation?

The Baby Boomers—born between 1946 and 1964—are the largest and wealthiest generation in American history. Numbering over 73 million, they have spent decades accumulating wealth, building businesses, investing in real estate, and shaping the U.S. economy as we know it.

Here’s the staggering reality:

Baby boomers control over $70 trillion in wealth. To put that in perspective, the entire U.S. GDP is around $26 trillion.

But here’s where things get interesting...

The Great Retirement Exodus

Every single day around 10,000 boomers retire. That’s nearly 4 million people per year leaving the workforce. This isn’t just a trend, it’s a seismic shift. Never before in history have we seen so many high-income earners transition into retirement at such an extraordinary rate.

Think of it like a massive fleet of ships setting sail at the same time.

One or two ships leaving the harbor is no big deal. But when millions of ships start departing simultaneously? That changes everything.

The impact of this retirement wave is already shaking the foundations of the financial world:

• Social Security and Medicare are under immense pressure as millions begin claiming benefits.

• The stock market faces volatility as retirees shift from accumulation to withdrawal mode.

• The biggest wealth transfer in history is beginning, with trillions poised to pass from one generation to the next—or straight into the hands of the government if planning isn’t handled correctly.

How Many Baby Boomers Have Actually Secured Their Legacy?

The numbers are staggering—and not in a good way.

Only 46% of Baby Boomers have a will. Just 27% have a trust.

That leaves millions unprotected, with their wealth at risk of being eaten up by probate, taxes, and legal fees.

The Cost of Inaction

Without proper protection, consumers leave their estates up to probate. It can be an expensive and frustrating process that can drag on for months or even years.

Without our help, here’s what happens:

• The state decides who gets what.

• Assets don’t transfer smoothly—they get stuck in court.

• Wealth gets chipped away by legal fees, taxes, and endless delays.

A lifetime of wealth at the mercy of the government.

How One Family Lost Time, Money, and Peace of Mind

When Robert passed away, his family assumed the process of settling his estate would be simple. After all, he had a will, some savings, and a home—what could go wrong?

Plenty.

As soon as Robert passed, his accounts were frozen, his home was tied up in legal red tape, and his grieving family was thrown into a bureaucratic maze of court hearings, attorney fees, and government delays.

Because Robert’s assets weren’t properly structured in a trust, his estate went into probate, meaning a judge—not his family—had control over what happened next.

Six months in, they were still waiting for approvals.

Between legal fees, creditors, and court costs, 5% of the estate’s value was gone before the family received a single penny.

Selling the family home? Stalled for over a year.

Accessing bank accounts? Locked until probate was settled.

Paying off final medical bills? Waiting on court approval.

What should have been a straightforward transition of assets turned into a drawn-out, two-year legal ordeal.

By the time it was over...

• The estate lost over $50,000 to legal fees, court costs, and administrative expenses.

• The family home, instead of staying in the family, had to be sold to cover probate costs.

• Family tensions escalated, turning what should have been a smooth transition into years of disputes and resentment.

But probate wasn’t the only thing bleeding the estate.

Taxes were the silent assassin.

While most people think they’ve planned well enough to avoid probate’s clutches, almost no one is prepared for the real financial nightmare waiting for them—the one that doesn’t just take from your heirs after you’re gone but starts draining your wealth while you’re still alive.

The Retirement Tax Trap

Every day, you hear people say, “I’ll be in a lower tax bracket when I retire.”

They believe it like it’s some kind of natural law—like the sun will rise, the tides will turn, and their tax bill will magically shrink in their golden years.

But they’re wrong.

The national debt is exploding. And for most people, the moment they step into retirement—the moment they need their money the most—that’s when Uncle Sam sharpens his knives.

Welcome to The Tax Tsunami. The next great wealth grab is already in motion.

What We Can Do to Help

As attorneys, we can help clients avoid the mess of probate. But most estate planners aren’t thinking about the tax side of things.

What's the point of setting up a legacy plan if the legacy is eroded away by taxes and other retirement expenses, like long-term care? We need to educate our clients about the potential implications of their retirement plans.

By taking proactive steps today, we can shield our clients from the looming burdens that threaten their hard-earned wealth. The key is to combine thoughtful estate planning with strategic tax and financial guidance, ensuring that their financial legacy remains intact. Together, we can help clients secure a future where their assets are protected, their loved ones are cared for, and their plans align with their long-term goals. Don’t wait until it's too late—start the conversations that can make all the difference.

This article was inspired by Greg’s new book, The Retirement Tax Trap, now available on Amazon.