Estate Planning Tools for Family Farmers and Ranchers by PurcellLawMO


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									Estate Planning Tools for Family Farmers and Ranchers

Family farms and ranches face some of the same estate planning obstacles as any other
business; however, there are some aspects of estate planning that are unique to the family
farm or ranch. If you own a family farm or ranch, and plan to pass it down to future
generations, careful estate planning is critical to avoid losing your farm or ranch to estate taxes.
A farm or ranch is often at risk for losing assets upon the death of the owner because while the
estate may actually include valuable assets, such as land, it is also frequently heavily in debt.
The end result may be that the estate is subject to estate taxes, yet there are no liquid assets
available to pay the taxes, forcing the sale of estate assets. The following estate planning tools
may help you transfer some of your farm or ranch assets on to future generations prior to your
death which will help avoid estate taxes.

        Gifting: Taking advantage of the yearly gift tax exemption and lifetime exclusion can
        help pass on the farm or ranch. Just make sure you are aware of the current lifetime
        exclusion amount so that you do not incur gift taxes.
        Marital Deduction & A/B Trust: This can be used to pass your half of the farm or ranch
        to your children while retaining income for your spouse. This allows you to use both
        your marital deduction and that of your spouse, by leaving your half in a trust that your
        spouse can benefit from but which will not be included in his or her estate upon death
        Family Partnership: Creating a family partnership that is funded by the farm or ranch
        assets can help pass your interest on to your children prior to your death through gifting
        interests in the partnership
        GRAT: The Grantor Retained Annuity Trust is a complicated, but extremely useful,
        estate planning tool. Essentially, you may be able to transfer the farm or ranch assets
        into the trust, retain the income from the trust, and then pass on the assets to your
        children at a discounted valuation at the termination of the trust

Each of these estate planning tools has specific rules that must be taken into account when
planning your estate. Be sure to talk to your estate planning attorney to determine how best to
pass down your family farm or ranch without subjecting it to estate taxes.

Experienced estate planning attorneys St. Louis MO of the Purcell and Amen, Attorneys at Law – Your Estate
Matters, LLC offers estate planning and business planning resources to residents of St. Louis MO. To learn more
about these free resources, please visit today.

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