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
Emily Oberbroeckling says producers in northeast Iowa have made strong planting progress while continuing to monitor moisture conditions.
RFD News Farm Legal Expert Roger McEowen shares the major role of timing clauses in farmland sales, leases, and succession planning.
Jeff Frazier of Scoular discusses the early High Plains canola harvest, acreage growth in Kansas and Oklahoma, and theoutlook for planting and production.
For more than 70 years, The Pancake Shop has served sausage supplied by the Hawthorn family’s meat operation.

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:

Farm legal expert Roger McEowen highlights the legal challenges surrounding stray voltage, a recent court decision, and what it means for agricultural producers.
U.S. Agriculture Secretary Brooke Rollins shared a behind-the-scenes look at the journey as part of what’s being called the “Great American Egg Road Trip.”
Michael Cliver discusses his recent visit to the White House with the National Cattlemen’s Beef Association, and the Trump Administration’s “Working Families Tax Cuts” impact on ranching families.
The 2026 Farm Bill advances out of committee, but political divisions delay final passage as lawmakers push to protect farmers, SNAP, and crop insurance programs.
PLC and NCBA Chief Counsel Kaitlynn Glover reacts to the USDA’s new Grazing Action Plan, regulatory relief for ranchers, and the industry’s efforts to improve access to public lands.
Secretary Rollins is signaling a possible reopening of the southern border to Mexican feeder cattle as officials work to manage the threat of the New World Screwworm.