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
Cattle markets continue supporting rural land values, but lenders say repayment rates and carryover debt are becoming a larger focus.
The award-winning pitmaster discusses choosing the right beef cuts, managing grill heat and building confidence behind the grill.
Farm CPA Paul Neiffer says the “One Big Beautiful Bill” could shift how producers donate grain and commodities to charities.
American Farm Bureau economist Bernt Nelson says consumers are still buying meat despite ongoing price pressures.

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:

Georgia Ag Commissioner Tyler Harper explains the growing threat of invasive hornets in his state and what Southeastern growers should watch for this spring.
Shaun Haney with Real Ag Radio joined us to break down the USMCA review and what Canadian producers and exporters should be watching in the months ahead.
USDA Undersecretary Dr. Mindy Brashears provides more insight on the updated “Product of USA” label campaign and the USDA’s goals for both consumers and producers.
Farm CPA Paul Neiffer joined us to break down the application process for Stages 1 and 2 of the USDA’s Supplemental Disaster Relief Program, and what farmers can expect as the deadline approaches.
Fertilizer relief may be limited despite the reopening of the Strait of Hormuz this week. AgriSompo’s Brooks York discusses marketing strategies, crop insurance considerations, and other tips for producers navigating volatility this planting season.
Overall, the report suggests a shift toward more comfortable supply levels, with demand emerging as a key factor to watch in the months ahead.