Should Land Go Into a Disclaimer Trust or Pass to the Spouse?

By: Mark McLaughlin

A widow wonders if it’s too late to fix an estate plan that made no provisions for their one farming son and isn’t sure how to manage the farmland. Mark McLaughlin weighs in.

The Problem

My husband recently passed away. Our estate plan is old, but our attorney says it still works. My husband’s half of the land could come to me outright or be disclaimed to a separate trust for my benefit. I’d receive the income for life, and upon my death, the disclaimer trust would split equally between our three children. Unfortunately, our wills made no provisions for our farming son. He’s worried this won’t play out well with his siblings, but my attorney says the trust could help us avoid estate taxes. I’m struggling with this decision. Should I put his land in the disclaimer trust or keep it in my name? – Submitted by email from J.L.