A common source of tension in farm succession planning arises when one child spends years working in the family operation while siblings pursue careers elsewhere, raising questions about how assets should be divided when parents pass away.
That issue was the focus of a recent discussion on the “Surviving the Family Farm” podcast after a listener from New York asked whether he could contest his parents’ estate plans because they intended to leave portions of the farm to siblings who had not participated in the operation.
Agricultural attorney Spencer Hartman said the answer depends on the specific circumstances of the estate plan, but noted that many family disputes stem from a lack of communication before a transfer occurs.
“The devil’s in the details,” Hartman said. “I could not say yes or no to that. What I would say is that when there are family fights, it’s because there were surprises. When there were not surprises, there’s much less fighting going on.”
Hartman said parents can choose how much information to share about their estate plans, but transparency often helps reduce misunderstandings among heirs.
Dr. Tom Field, director of the Engler Agribusiness Entrepreneurship Program at the University of Nebraska-Lincoln, encouraged families to look for practical solutions before turning to litigation.
“You can either pour gasoline on a dumpster fire and really make it a big one, or you can ask whether there’s a solution that hasn’t been thought about,” Field said. “Is there a deal that can be worked out with siblings that allows the operation to continue farming, allows people to get what they need and move the business forward?”
Field said families should consider alternatives before pursuing legal action, noting that litigation can be expensive and often damages relationships.
Craig Burnside, founder of PrairieFire Consulting Group, said difficult conversations about succession are often avoided because they can be uncomfortable.
“The earlier that somebody can step into this and start asking the right questions, the better,” Burnside said. “The last thing you want to do is try to go back and solve or try to put out the fire that’s already there.”
Burnside encouraged families to discuss long-term goals and expectations early in the succession planning process to avoid misunderstandings later.
Have a question about working with family in agriculture? Submit your question using the form below for a chance to be featured on Surviving the Family Farm. https://ruralradio.com/Ask/
Panelists also stressed that parents ultimately have the right to decide how their assets will be distributed.
“If everybody brings the concern of making sure those parents end up where they want to be, because they’re the ones who are going to make the call, that can help guide the conversation,” Burnside said.
Hartman added that inheritance disputes do not always have to result in a farm being sold or broken apart. In some cases, heirs can restructure ownership arrangements after an estate is settled.
He pointed to situations where multiple siblings inherit undivided interests in farmland but later agree to separate ownership into individual tracts or establish lease agreements that allow the farming heir to continue operating the land.
The discussion was part of the “Surviving the Family Farm” podcast, a series focused on succession planning, estate management and helping agricultural families navigate complex transition decisions.