Food and Agricultural Law Blog

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 ... Read More The post Who Inherits the Family Farm in Illinois When One Child Farms and the Others Don’t? appeared first on Rincker Law, PLLC.

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 ... Read More The post Can a Prenup Protect a Family Farm in Illinois? appeared first on Rincker Law, PLLC.

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 ... Read More The post Can a Trust Keep the Family Farm Out of Probate in Illinois? appeared first on Rincker Law, PLLC.

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 ... Read More The post Farm Prenups in Illinois: Can a Prenuptial Agreement Protect the Family Farm? appeared first on Rincker Law, PLLC.

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 ... Read More The post When Siblings Inherit the Family Farm and Disagree: Can Mediation Keep the Farm Together? appeared first on Rincker Law, PLLC.