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 …
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, …
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 …
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 …
2027 Illinois Farm Leases: What Landowners and Farmers Should Negotiate Before Harvest Ends is a conversation many Illinois farmers and farmland owners should be having before the combines are parked for the season. Farm lease discussions often happen in the fall, but waiting until the last minute can leave both sides rushing through important decisions involving rent, expenses, improvements, conservation …
7 Farm Succession Planning Mistakes That Can Tear a Family Apart addresses a problem many farm families quietly postpone. Parents, farming children, and off-farm siblings may each hold different expectations about what will happen. When those expectations are never discussed or documented, grief can quickly become conflict. Farm succession planning should coordinate land ownership, management, retirement, incapacity planning, equipment, leases, …
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 …
Business disputes can quickly become expensive, stressful, and disruptive. Alternatives to Litigation for Illinois Business Disputes: Mediation and Arbitration, is an important topic for business owners, partners, shareholders, LLC members, family businesses, and agricultural operations that want to better understand their options before immediately turning to court. At Rincker Law, PLLC, the firm helps clients throughout Central Illinois evaluate business, …