What Happens When a Farm Is Passed Down? Understanding the Legal Tools That Shape Succession

RFD-TV Farm Legal Expert Roger McEowen joins us to discuss QTIP trusts, farm succession challenges, and business planning strategies for ensuring smooth transitions in agricultural operations.

TOPEKA, KAN. (RFD NEWS) — For many farm families, passing the operation to the next generation is not only a financial decision, but also the continuation of a legacy that can come with complex legal and emotional challenges.

Roger McEowen with the Washburn University School of Law joined us on Tuesday’s Market Day Report to break down key estate planning tools used in agriculture, including the QTIP trust structure and how it can help navigate farm succession planning.

In his interview with RFD News, McEowen explained that a QTIP (Qualified Terminable Interest Property) trust is commonly used in estate planning to provide income for a surviving spouse while preserving control of how remaining assets are ultimately distributed. He noted that the structure can be especially useful in agricultural operations where land and equipment need to remain intact for future generations.

He also addressed how succession planning becomes more complicated in blended families, where balancing the needs of a surviving spouse with children from multiple relationships can create legal and emotional tension. McEowen said QTIP trusts can help clarify asset distribution and reduce conflict by clearly defining income rights and future ownership.

In addition, he discussed fairness concerns when only some children choose to remain in the farming operation, while others pursue off-farm careers. McEowen said QTIP structures, along with broader estate planning tools, can help equalize inheritances without forcing the breakup of productive farmland.

He also touched on the “productive property” requirement, noting that trustees must ensure assets generate income for the surviving spouse while maintaining compliance with legal obligations, making careful planning and professional guidance essential.

Firm to Farm: The QTIP Trust—Where Does it Fit into Farm Estate and Succession Planning?

Related Stories
Ethanol, sorghum, dairy, and cotton provide additional export support as major commodity trade markets remain uneven.
Dr. Jeffrey Gold addressed growing concerns surrounding Lyme disease and other illnesses carried by ticks.
ASFMRA’s Troy Swee joins us to discuss farmland values, investor activity, rental market trends, and the factors shaping rural real estate markets in today’s agricultural economy.
The trip gave researchers a firsthand look at Brazil’s massive sugarcane industry and production practices.

Marion is a digital content manager for RFD News and FarmHER + RanchHER. She started working for Rural Media Group in May 2022, bringing a decade of digital experience in broadcast media and some cooking experience to the team.

LATEST STORIES BY THIS AUTHOR:

Trucking industry expert Lewie Pugh joins us to discuss rising diesel costs, challenges facing independent truckers, and the broader impact on agriculture and rural transportation.
The White House is reportedly moving forward with beef import tariff reductions as officials look to lower food costs for consumers.
RealAg Radio host Shaun Haney joins us to discuss the latest developments surrounding the Trump/Xi summit, what the negotiations could mean for U.S. agriculture, and
trade enforcement concerns.
Huma Chief Sales and Marketing Officer Fred Nichols joins us to discuss rising interest in carbon-based products, soil health strategies, and fertilizer cost concerns.
The lower outlook follows months of drought stress across major winter wheat regions, where some producers have abandoned fields or shifted acres to grazing instead of harvest.
Current estimates indicate the federal government could be forced to return more than $150 billion to importers.