Illinois Farm and Farmland Estate Planning Attorneys

Lawyers Assisting Farmers and Rural Landowners With Estate Planning and Asset Protection in Kendall, LaSalle, Grundy, DeKalb, Will, and Surrounding Counties

Farmers may own land that has been in their families for decades and sometimes for generations. Farmland is not just acreage—it can be part of a family's identity and history while serving as the foundation of family wealth.

At Gateville Law Firm, we help farm families protect their land from probate, taxes, lawsuits, long-term care costs, and the family disputes that too often tear farms apart. Our Yorkville-based attorneys understand farmland, succession issues, real estate title issues, LLC structures, and the advanced planning necessary to keep a farm in the family. Few law firms in Illinois combine estate planning, real estate law, and asset protection experience the way we do.

Why Farmers Need an Estate Plan That Addresses Their Unique Concerns

Farm families may face risks and complications that other families do not, including:

• Multiple parcels titled in different names
• Farm land that is held jointly or inherited from parents
• Renters, crop-share agreements, and equipment issues
• Blended families and unequal involvement among children
• Nursing home costs that can force the sale of land
• Higher estate values due to acreage and rising land prices
• The risk of partition lawsuits multiple heirs share ownership of property

Without proper planning, a farm could potentially be lost in a single generation. Our lawyers work with families to prevent that.

Keeping Farmland Out of Probate

Probate is one of the most dangerous threats to farmland. Issues that can affect families following the death of a farm's owner may include:

• Land sales that may be delayed by six to 18 months
• Buyers who walk away from transactions due to court delays
• Siblings fighting over whether to sell or hold farmland
• Renters caught in limbo during probate proceedings
• Crops or equipment tied up in probate disputes

To make matters worse, probate may force the sale of land because heirs need cash, because they disagree about how assets should be distributed, or because they cannot co-own a farm together. A properly drafted and funded living trust can keep a family farm out of court and ensure that management will pass smoothly to the next generation.

Protecting a Family Farm From Nursing Home Spend-Down

When a person reaches an advanced age, they may need to live in a nursing home to ensure that their ongoing needs will be met. However, a nursing home stay can last multiple years, and it could cost $80,000–$120,000 per year. This can result in a significant loss of assets.

Farm families are especially vulnerable to losses related to nursing home care because:

• Most of their wealth is tied up in land
• Cash flow can be seasonal
• One spouse's illness can require the liquidation of property to pay for nursing home care

Medicaid provides benefits to help pay the costs of long-term care in a nursing home. However, to qualify for these benefits, a person will need to have limited financial resources. They may need to "spend down" their assets before they can qualify. If this is not done correctly, Medicaid could take steps to recover the benefits that were paid out, including seizing assets from an estate.

Farmers may believe that Medicaid cannot take a family's farm. However, this is not true. Medicaid can force the sale of a farm after a person's death unless planning is done correctly and early. Our attorneys can help families take steps to protect a farm and other assets when planning for Medicaid and ensuring that the costs of a nursing home will be covered. We discuss options such as:

• Irrevocable Trusts
• LLC ownership structures
• Strategic gifting programs
• Hybrid long-term care strategies
• ILIT planning to replace lost assets

Our goal is to help families protect land from being sold to pay for nursing home care. We can advise families of the available options and make sure they follow the correct steps to protect their assets.

LLCs, Series LLCs, and Land Trusts for Farmland Protection

Issues related to real estate liability can be a risk for rural landowners. A single incident, such as a tenant injury, trespasser accident, ATV accident, or environmental issue, can trigger massive liability. Our lawyers can help structure farmland ownership to reduce risk and simplify succession. We can provide guidance on the options that may be available, including:

• LLCs: These structures can protect land from liability and create clear management and voting rights.
• Series LLCs: These options can be helpful for families who own multiple parcels or rental properties.
• Land Trusts: These can provide a family with privacy, allow for simplified property transfers, and help avoid certain title issues.
• Combination Structures: Options such as including an LLC inside a land trust are often ideal.

Our background in real estate law ensures that the structures we help families create will work in practice, not just on paper.

Farm Succession Planning When One Child Farms and Others Do Not

One of the greatest sources of conflict that may affect farm families will involve deciding who will maintain ownership of a farm. Most parents will want to put fair arrangements in place, but "equal" and "fair" can be very different. We can help families design plans that will:

• Let a child who farms continue operations
• Prevent non-farming children from forcing a sale
• Use life insurance or ILITs to equalize inheritances
• Protect the land from divorce or creditors of the heirs
• Reduce family conflict by setting clear expectations

Using an Irrevocable Life Insurance Trust (ILIT) to Equalize Inheritances

Life insurance is often the single best tool to achieve fairness between children. An Irrevocable Life Insurance Trust (ILIT) can:

• Provide cash to non-farming children
• Keep a farm intact for the farming heir
• Protect assets from divorce, creditors, and spend-down requirements
• Reduce future estate tax exposure

ILITs will become even more important as farmland values increase and as federal estate tax laws are scheduled to tighten in 2026. Our attorneys will explain ILITs in simple terms and make sure they are properly integrated into a family's estate plan.

Retirement Accounts and Farm Families

Many farmers own retirement assets, including

• IRAs
• 401(k)s
• Old employer-sponsored retirement plans
• Co-op retirement benefits
• Rental income or land contract income

We can help families integrate these assets into retirement plan trusts to protect beneficiaries (especially adult children) from divorce, lawsuits, and poor financial decisions. This can be especially important for self-employed farm families who do not have employer-sponsored protection for their retirement plans.

Why Farm Families Choose Gateville Law Firm

• Real Estate and Estate Planning Experience: This combination is rare, and it can be uniquely valuable for farmers.
• Understanding Farm Family Dynamics: We work closely with families to help prevent conflict and preserve relationships.
• Advanced Strategies Explained Simply: We take steps to ensure that our clients never feel overwhelmed. We teach clients about the legal issues that may affect them and the options available to them as we create comprehensive estate plans.
• Kendall County Roots: Farm families can trust our local attorneys who understand rural issues.
• Award-Winning Firm: We have been voted Best of Fox (2023–2025) and recognized throughout the region for our professionalism and client service.

Counties and Communities We Serve

• Kendall County
• LaSalle County
• Grundy County
• DeKalb County
• Will County
• Kane County
• Ottawa, Minooka, Morris, Sandwich, Yorkville, Plano, Sheridan, Newark, Oswego, Sugar Grove, and surrounding rural communities

Contact Our Kendall County Estate Planning Lawyers for Farm Owners

Your farmland deserves a plan that matches its value in both dollars and in family history. The team at Gateville Law Firm can help you develop a plan that will ensure that your family is fully prepared for the future. Schedule your farm legacy planning session today by contacting our Yorkville estate planning attorneys at 630-780-1034.