According to an article by the Washington Examiner, the reversion of the Federal Estate Tax to a lifetime exemption amount of $1,000,000 will affect 526,421 family farms, or about 25% of farms in America. The reversion of the estate tax is set to take place on January 1, of next year, less than three weeks from today, unless steps are taken by Congress and the President.

For farms, the affect of the estate tax is further reaching than most other assets. From my experience in the estate planning field, this comes from two different considerations than what most other estates face. The first is that much of the value of farms is tied up in land. It is not uncommon here in southwestern Oklahoma for the land value to make up over 50% of a decedent’s estate value. In areas where land prices are much higher, the percentage can easily surpass 80%. When estate taxes are due, in cash, in nine months from the date of death, that often means children of farmers must sell the land.

The second major effect the estate tax has on farms is the lack of ability to pass the farm as a business to the younger generation. With agriculture, less than 2% of the U.S. poplulation feeds the rest. I have implemented many estate plans where only one child out of many want the farm. If that one child must come up with cash to buyout siblings and pay estate taxes, then his dream of continuing the family legacy is easily lost.
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Steps can be taken to lower the effect of the estate tax on family farms. If you are in the Altus, Oklahoma area and would like to come in for a free consultation to see what can be done for your specific situation, then please call me at 580-318-8829.

“The failure to plan is a plan for failure.” Don’t be caught unprepared in 2013 when estate tax rates spike to rates up to 55%.