Murdochs' Dispute Highlights Benefits of Trusts in Nevada
As Murdoch family members clash over who will control voting shares in the Fox media empire, the court proceedings, in Nevada, are private.
The Murdoch family’s version of the HBO show Succession was recently on display in a Nevada courtroom. Rupert Murdoch, the 93-year-old patriarch of the family, identified his son Lachlan as the heir apparent of Fox Corp., home of conservative news network Fox News, and News Corp. Lachlan is currently the executive chair and CEO of Fox Corp. and chair of News Corp.
Lachlan is believed to share Rupert’s conservative political views, which would better protect the brand and value of Fox News. Note that James Murdoch, Rupert’s son and Lachlan’s brother, recently signed a public letter endorsing Vice President Kamala Harris for president. That certainly conflicts with the public positions of Fox.
However, part of Rupert’s estate plan includes an irrevocable trust that provides for the voting shares of Fox Corp. and News Corp to go in equal shares to his four oldest children: Prudence, James, Elisabeth and Lachlan. Rupert now seeks to give full voting control to only Lachlan.
From just $107.88 $24.99 for Kiplinger Personal Finance
Become a smarter, better informed investor. Subscribe from just $107.88 $24.99, plus get up to 4 Special Issues
Sign up for Kiplinger’s Free Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Estate planning in Nevada
Nevada has long sought to establish itself as a premier trust destination and is perhaps best known in the estate planning world for its domestic asset protection trusts (DAPTs). A DAPT is a trust that is designed to protect the creator’s, or grantor’s, assets from his or her own creditors. This is also called a self-settled spendthrift trust.
Currently, only 17 states have laws that permit a DAPT. Nevada is one of those states. The others are Alaska, Delaware, Hawaii, Michigan, Mississippi, Missouri, New Hampshire, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.
To establish a Nevada trust or any other DAPT state, you do need to have sufficient contacts with that state. However, you need not actually be a resident of that state, and your assets or real property need not be located in that state. Typically, jurisdiction or required contact is definitively established by using a Nevada trustee.
There are a few Nevada trust companies that can fill that role at your direction. You can continue to be the investment trustee to retain direct control over your assets. Most Nevada trust companies prefer that, as there is less liability for the trust company because it is not directly managing the investments.
Typically, a Nevada LLC or another DAPT state LLC is used to hold assets that are in turn helped by the DAPT. Note that a Nevada LLC provides substantial protection, as collectors are typically limited to receiving amounts distributed from the LLC to the creditor and cannot pierce or seize assets held in the LLC.
Many practitioners rate Nevada as the strongest, or one of the strongest, jurisdictions providing the best asset protection. In making that determination, consideration is given to the following factors:
- Strength of the state statute
- The fact is that Nevada has no state income tax
- The statute of limitations for pre-existing creditors
- Nevada has no exceptions for child support claims
- Nevada has no exception for pre-existing tort creditors
- Nevada has no requirement for a solvent certification
- The need for clean and convincing evidence to establish a fraudulent transfer (a transfer to avoid a creditor)
- The ability to decant or modify the trust
- Nevada LLCs provide strong charging order protection
Nevada allows privacy in disputes
Perhaps the most overlooked characteristic is the ability for privacy within Nevada courtrooms. Parties and judges may hold hearings behind closed doors and even not publish the matter on the court’s public docket. With a private docket, how does anyone file to seek access? Perhaps due to the exceedingly high level of public interest in the Murdoch Family Trust, the Nevada court uncharacteristically disclosed a general docket information page, which was established under the name The Matter of the Doe Trust PR23-00813. The case itself remains sealed and not available for public review or scrutiny.
A media coalition sued for access by reporters — and even cameras in the courtroom — asserting that the public has a right to know. The request was denied, as the judge held that this was “essentially a private legal arrangement.” The denial is under appeal.
This ability to keep disputes like this private is a substantial advantage in Nevada over virtually all other jurisdictions. While this is certainly true for the Murdochs of the world — high-net-worth, high-profile families — we all would like to keep family discord or dirty laundry private. For instance, imagine how different the media coverage would have been had Johnny Depp and Amber Heard been allowed to keep private their highly emotional litigation.
Related Content
- Nine Lessons to Be Learned From the Hilton Family Trust Contest
- What We Can Learn from Tony Bennett's Estate Dispute
- Cut Your Wealth Transfer Taxes With a Family Limited Partnership
- Five Estate Planning Lessons We Can Learn From Elvis’ Mistakes
- Eight Types of Trusts for Owners of High-Net-Worth Estates
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

Founder of The Goralka Law Firm, John M. Goralka assists business owners, real estate owners and successful families to achieve their enlightened dreams by better protecting their assets, minimizing income and estate tax and resolving messes and transitions to preserve, protect and enhance their legacy. John is one of few California attorneys certified as a Specialist by the State Bar of California Board of Legal Specialization in both Taxation and Estate Planning, Trust and Probate. You can read more of John's articles on the Kiplinger Advisor Collective.
-
Dow Adds 646 Points, Hits New Highs: Stock Market TodayIt was "boom" for the Dow but "bust" for the Nasdaq following a December Fed meeting that was less hawkish than expected.
-
5 Types of Gifts the IRS Won’t Tax: Even If They’re BigGift Tax Several categories of gifts don’t count toward annual gift tax limits. Here's what you need to know.
-
The 'Scrooge' Strategy: How to Turn Your Old Junk Into a Tax DeductionTax Deductions We break down the IRS rules for non-cash charitable contributions. Plus, here's a handy checklist before you donate to charity this year.
-
Dow Adds 646 Points, Hits New Highs: Stock Market TodayIt was "boom" for the Dow but "bust" for the Nasdaq following a December Fed meeting that was less hawkish than expected.
-
What You Need to Do With Your 401(k) Before 2025 Is OverBefore 2025 ends, check your 401(k) contributions, investments, and catch-up eligibility to lock in this year’s tax savings and employer match.
-
I'm a Tax Attorney: These Are the Year-End Tax Moves You Can't Afford to MissDon't miss out on this prime time to maximize contributions to your retirement accounts, do Roth conversions and capture investment gains.
-
I'm an Investment Adviser: This Is the Tax Diversification Strategy You Need for Your Retirement IncomeSpreading savings across three "tax buckets" — pretax, Roth and taxable — can help give retirees the flexibility to control when and how much taxes they pay.
-
Dow Rises 497 Points on December Rate Cut: Stock Market TodayThe basic questions for market participants and policymakers remain the same after a widely expected Fed rate cut.
-
I'm Retired With $2.2 Million Saved and Work 2 Retail Shifts a Week for Fun. My Young Colleague Just Got Her Hours Cut. Should I Quit So She Can Have My Shifts?Should she quit her job so a struggling young colleague can take her shifts? We asked certified financial planners for advice.
-
Could an Annuity Be Your Retirement Safety Net? 4 Key ConsiderationsMore people are considering annuities to achieve tax-deferred growth and guaranteed income, but deciding if they are right for you depends on these key factors.
-
I'm a Financial Pro: Older Taxpayers Really Won't Want to Miss Out on This Hefty (Temporary) Tax BreakIf you're age 65 or older, you can claim a "bonus" tax deduction of up to $6,000 through 2028 that can be stacked on top of other deductions.