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
National Pork Board’s Andy Tauer discusses the growing popularity of the Boston Butt Pork Burger and key topics at the USMEF Spring Conference.
Ashley Stockwell discusses representing dairy farmers during one of motorsports’ most recognizable traditions.
Artists from around the world are finding inspiration in the quiet pace of Nebraska’s prairie landscape.
At the center of the announcement is the Blue Point Project in Louisiana, a $3.7 billion ammonia facility, USDA says, that will become the world’s largest ammonia plant once completed.

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:

On this week’s Rural Health Matters, Dr. Jeffrey Gold raises awareness about Parkinson’s disease, shares insights on early detection, and offers guidance for patients and families in rural communities.
Nebraska Farm Bureau President Mark McHargue joined us to discuss wildfire recovery efforts in the state, impacts to agriculture, and conditions heading into the spring planting season.
USDA’s Quarterly Grain Stocks report shows increased supplies across all major commodities, with corn, soybeans, and wheat stocks all rising compared to a year ago. Lewis Williamson with HTS Commodities discusses producer and market sentiment ahead of the key report.
Acre shifts reflect margins, costs, and market opportunities.
SBA Administrator Kelly Loeffler breaks down the Grocery Guarantee Program, its goals for expanding farmer access to capital, and its potential impact on food production and prices.
Cattle farmer Scott Porter, Kentucky Farm Bureau’s 2025 Farmer of the Year, discusses his commitment to mentorship and the importance of strengthening the future of agriculture.