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 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 an LLC Protect the Family Farm From a Divorce? What Illinois Farm Owners Should Know is an important question for farm families who have spent years or generations building agricultural businesses and accumulating farmland, equipment, livestock, and other valuable assets. An LLC can be a useful part of a farm’s legal and succession structure, but simply placing a family …
In this installment of Ask Sam and Kendal, Rincker Law, PLLC associate attorneys Sam Ellis and Kendal A. Schoepfer explain why transferring a farm to an LLC or trust became an important legal question after the federal government’s Residential Real Estate Reporting Rule took effect on March 1, 2026. Below, we explore “Could Transferring a Farm to an LLC or …
The Illinois Farmer’s Annual Legal Checklist: What to Review Each Season can help farm owners address legal and business issues before they become expensive problems. Farming rarely leaves much time for paperwork, but contracts, leases, insurance policies, employment records, succession plans, and business filings should not be ignored until a dispute or emergency occurs. Dividing these reviews by season can …
Choosing the Right Business Structure for a Farm or Family-Owned Business is an important decision that may need to be revisited as the operation grows, changes ownership, or prepares for the next generation. The structure selected can affect limited liability protection, taxation, management authority, financing, succession planning, and what happens when an owner dies, becomes disabled, divorces, retires, or leaves …
Farm Partnership Disputes: How Mediation Can Help Before Harvest Season is especially timely as summer fieldwork intensifies and harvest approaches. A disagreement over money, management, equipment, land, or workload can disrupt operations. It may also strain family relationships and put the farm at risk. Addressing the conflict early through negotiation, mediation, or another appropriate process may help protect the operation …
In Illinois, farmers and rural landowners may use mediation or arbitration to resolve farm-related disputes outside of court. These options can be especially useful in lease, boundary, easement, drainage, and family-farm succession matters, where preserving working relationships and minimizing disruption are important. That is why Alternatives to Litigation for Illinois Farmland Disputes should be considered before a disagreement turns into …
Farm Succession Planning Is Also Business Planning: What Illinois Farm Families Should Consider is an important reminder that passing down a farm is not only an estate planning issue. For many Illinois farm families, succession planning may also involve business structure, management authority, contracts, leases, taxes, family communication, land ownership, and long-term decision-making. A farm is often more than a …
Farm Business Disputes in Illinois: How to Protect the Family Farm Before Conflict Escalates is an important topic for farm owners, agribusiness partners, and multi-generational farm families who want to avoid preventable conflict. Many farm disputes do not start with a lawsuit. They often begin with unclear expectations, informal agreements, unequal workloads, vague ownership arrangements, or a lack of communication …