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Farm Estate and Succession Planning

RSS By: Andrew Zenk

This blog focuses on making complex and difficult topics in estate and business planning understandable and applicable to the reader.

Andy is an Agribusiness Consultant for AgCountry Farm Credit Services, Fargo N.D., a farmer owned cooperative and part of the Farm Credit System serving eastern North Dakota and northwest and west central Minnesota.

Potential Consequence with Life Estates

May 31, 2011

A "life estate" is an estate planning tool that involves a legal arrangement where a land owner gives the ultimate ownership ("future interest") of their land, retaining the right to use and income from the land for the remainder of their life. This is done through a deed, and once complete, the land owner is now the "life tenant", and when they pass away, the "future interest holder", receives full ownership, outright.

Often, people view these as something to do immediately, especially if they live in a state where a life estate would offer various asset protections (state specific). However, there are some potential consequences associated with life estate transactions that often go over-looked or unadvised.  
One major consequence of a life estate is the fact that it is a FINAL transaction. Once it’s given, it’s done. Options for changes based on future events become very difficult, if not impossible. For example, if the person you give the future interest to passes away, the deceased’s estate plan determines who the successor owner is, NOT the person who originally gave the life estate. This often leads to the ultimate ownership resting with someone whom the original owner did not intend. Unfortunately, many times these lead to negative consequences, such as the land "leaving the family."    
This is one of many potential unintended consequences associated with a life estate. The bottom line: life estates are good tools, but must be carefully analyzed from all angles, especially your comfort level with not being able to change them unilaterally once they’re given. 



Disclaimer: The information contained in this publication provides a general overview on various topics and is strictly for informational purposes only. The reader should consult a qualified professional for advice based on his/her specific circumstances. AgCountry Farm Credit Services and the writer of this blog make no representations as to the accuracy or completeness of any information on this site or found by following any link on this site, and shall not be liable for any errors or omissions herein or for any losses or damages resulting from the display or use of this information. 
Required Disclosure Pursuant to IRS Circular 230: Pursuant to requirements imposed by the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code; or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
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