Can a Trust Keep the Family Farm Out of Probate in Illinois? In many situations, yes, but simply signing a trust document is not enough. For a trust to accomplish its intended purpose, the farm assets that are supposed to be governed by the trust generally need to be properly transferred or otherwise connected to the estate plan. That distinction …
Farm Prenups in Illinois: Can a Prenuptial Agreement Protect the Family Farm? For someone who owns farmland, works in a multigenerational farming operation, or expects to inherit an interest in the family farm, a prenuptial agreement can address questions that go far beyond who gets what in a divorce. It can help a couple clarify ownership, protect family expectations, coordinate …
When Siblings Inherit the Family Farm and Disagree: Can Mediation Keep the Farm Together? It is a question many agricultural families face after the death of a parent or grandparent. One sibling may have spent decades working on the farm and want to continue the operation. Another may live out of state and prefer to sell. A third may want …
Can Mediation Resolve Illinois Farm Boundary, Drainage, Easement, and Access Disputes? For farmers and agricultural landowners, a disagreement with a neighbor can become much more than a strained relationship. A disputed property line can affect where crops are planted. A blocked access route can interfere with equipment movement. Drainage changes can affect productive acreage. An easement disagreement can create uncertainty …
Farm estate and succession planning is rarely just about documents. For many agricultural families, it involves land, business ownership, family relationships, retirement, taxes, livestock, equipment, management responsibilities—and the deeply personal question of what happens to a farm or ranch that may have taken generations to build. That is why Cari Rincker, founder of Rincker Law, PLLC, is conducting an updated …
When family members work together on the farm, disputes over pay, roles, and ownership can become especially difficult because the lines between family and business are often blurred. A son may work alongside his father for decades. One sibling may manage the farm full-time while another owns part of the land but works somewhere else. A daughter may handle the …
Business Partner Disputes in Agriculture: Can Mediation Keep a Farm or Agribusiness Out of Court? When owners of a farm, agricultural LLC, partnership, or other closely held agribusiness stop agreeing about how the business should operate, the consequences can extend far beyond an ordinary disagreement. Crops still need to be planted or harvested. Livestock still need care. Loans must be …
Divorce Mediation for Farm Families in Illinois: Can You Protect the Farm Without Going to Court? For many farm families, that question carries far more weight than a typical property-division dispute. A farm may be a family’s home, livelihood, business, retirement plan, and legacy all at once. When a marriage ends, decisions about farmland, equipment, livestock, operating entities, debt, and …
Farm Lease Disputes in Illinois: When Mediation Can Help Landowners and Farmers Avoid Litigation is an increasingly important question when a disagreement threatens a working relationship, a farming operation, or plans for the next crop year. A farm lease is more than an agreement about acreage and rent. It can affect planting decisions, input purchases, improvements, financing, access to land, …
Divorcing a Business Owner in Illinois: What Happens to the Business? can be a much more complicated question than deciding who keeps a house or how a bank account should be divided. A closely held business may represent income, years of work, family wealth, and one spouse’s future livelihood all at the same time. Whether the relevant asset is an …
Should a Family Farm Have a Buy-Sell Agreement? What Happens When an Owner Dies, Divorces, or Wants Out? is a question farm families should consider long before an ownership change becomes urgent. A family farming operation may involve parents, siblings, children, cousins, or multiple generations who own land or interests in an LLC or other business entity together. Everyone may …
By Sam Ellis, Esq. When USDA says no, an unfavorable agency decision does not necessarily mean the matter is over. In “When USDA Says No: Understanding the National Appeals Division Appeal Process,” Sam Ellis, Esq., of Rincker Law, PLLC, explains what farmers, ranchers, and other agricultural program participants should know about challenging certain adverse USDA decisions through the National Appeals …