Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 23, 2013
The Firm
201-896-4100 info@sh-law.comFamily-owned businesses and high-net worth individuals are bracing for a potential hike in federal estate taxes, but U.S. farmers are an overlooked segment that are expected to be particularly impacted by this scenario.
If lawmakers choose not to reinstate the Bush tax cuts, federal estate tax rates are expected to increase to 55 percent from its current level of 35 percent. In addition, the exemption will drop from $5 million to $1 million. The new rates coupled with rising prices for land have farmers in the Midwest concerned about whether the existing estate tax law will be extended, and some are already preparing for the worst-case scenario.
Many farmers are speeding up their succession land and quickly putting their assets into trusts or making gifts at an accelerated pace, according to agricultural news website the Capital Press.
“Some people are going to make gifts they normally wouldn’t have until later,” Kerry Arritt, an accountant in Burley, Idaho, told the news source. “It will cost their heirs a few million dollars if they wait.”
In other cases, some farmers are concerned that they may be forced to sell off significant shares of land in order to pay their taxes, according to The Associated Press. In some areas, such as Iowa, land prices have tripled in value, greatly increasing the amount of estate taxes some families will be subject to, the AP adds.
Further, analysts noted that the “big farming” industry is now simply the “farming” industry in most areas, and that many agricultural plot owners are not millionaires, but farmers who inherited small plots of land through previous generations. As a result, these landowners are most likely to be negatively impacted by the changes if they fail to succession plan now.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!