Your “estate plan,” however, should not be your farm’s succession plan. Succession
planning is a “process” – “not an event,” … an estate plan is a piece of the
process that is succession planning.
Farm and family. Perhaps more
than any other kind of industry or property, planning for the succession of the
family farm poses a significant challenge to the estate planner.
Some of these challenges are
described in a recent article in Agri-View titled Estate
planning lays framework for smooth transition.
When the farm is a family farm,
and therefore also the family business, planning for your estate is really
about planning for the succession of the business and the farm. This can be a delicate process, but it is
better to start the process sooner rather than later.
For one thing, don’t overlook
the fact that farmland values can trigger estate taxes (real estate bubbles
aside, land is the only thing that consistently grows in value – ‘cause God
ain’t makin’ any more of it’ – and farms are all about land). Accordingly, some
rather sophisticated estate planning (and liquidity planning) may be in order,
or the family farm could be lost to the IRS. Not good.
Estate taxes aside, there are
many other considerations to secure the future of the “family” element of the
family farm. For example, who will inherit the farm, let alone continue to
operate it? What if your children live in the suburbs and work every day
downtown? Who will actually do the “farming?” Perhaps renting or sharecropping
might be more practical. Regardless, these are the kinds of practical
real-world matters that ought to be decided with a legal framework to ensure
succession success.
So, if you are a farm-owner, and
particularly the owner of a family farm, then there is much work to be done. While
I recommend reading the original article, be sure to engage competent legal
counsel, as well as any farm extension agent assistance that may be available.
Reference: Agri-View
(March 29, 2012) “Estate
planning lays framework for smooth transition”
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