Farm Succession Planning Checklist: What to Gather Before Meeting With an Attorney begins with a simple task: write down what makes the farm run. That includes more than the land. Equipment may belong to a business, acreage may be leased, and a loan may depend on the current owner’s involvement. Your attorney needs to see those pieces together to help …
How far before the wedding should Illinois farmers start a prenup? Early enough for both people to understand the farm’s finances, discuss what they want the agreement to accomplish, and review its terms without a wedding deadline hanging over them. A farm prenup may involve land, business ownership, family expectations, and a future inheritance. Those questions can take time to sort …
Already married and own a farm? Can an Illinois postnuptial agreement help clarify how farmland, farm business interests, or future investments may be treated if the marriage ends? It may be worth discussing with an attorney, but a postnuptial agreement is not a guaranteed shield for the farm. Its terms, the circumstances surrounding its preparation, and how it fits with …
Who inherits the family farm in Illinois when one child farms and the others don’t? The child who works the land does not automatically inherit it. Without a plan, Illinois inheritance law may determine who receives an interest in the farm, while leaving the family to sort out who will operate it. That can be difficult when one child’s livelihood …
Can a prenup protect a family farm in Illinois? It can help a couple clarify what will happen to farmland and farm business interests during their marriage and if the marriage ends. For a family planning to pass the farm to the next generation, those expectations matter. The agreement should also fit with the farm’s business documents and the family’s …
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 …