ABSTRACT

All estate planning documents, particularly existing wills, should be reviewed at least annually to make sure that those documents are up to date. As the grantor has the right to revoke the trust, the trust assets are considered part of the grantor's estate for federal estate tax purposes. Powers of appointment are found in deeds or wills. Probate begins with presentation of the will to the probate court, acceptance of the will by the probate court, and appointment of the executor or administrator. A major issue is whether the trustee has the power to sell farmland. If the grantor wishes to keep a farm in the family, the trustee would usually be denied the power to sell a farm. Where agricultural assets are the major part of the assets held in a trust, it is critical that a trustee familiar with agriculture be accepted.