Conservation-based estate planning can feel complicated.  Take one step at a time. The next step often become apparent. An excellent place to start is by answering the following two questions:

1. Do you want to determine who will own your land after you’re gone?
2. Do you want to determine how the land can be used after you’re gone?
    

The answer to these questions will help you identify the legal tools that can be used to help you reach your goals. Legal tools such as wills and forms of ownership (e.g., trusts) can be used to pass on the land while tools such as conservation restrictions and the Ch. 61 Current Use programs can help keep your land in its natural state. These tools can be mixed and matched to meet your goals.  

The professionals that work with these tools can provide guide you through the process. Having well-defined goals will give these professionals a clear sense of your needs. Learn more about land conservation tools. Find a land protection specialist and estate planning professionals with land conservation experience. 

You will need to decide who to include in your decisions about the future of your land and the way in which you would like to have them involved. Involving your family from the beginning and getting their buy-in to the plan can make for a better solution for all those involved and help avoid conflict when you are gone. Talking to your family gives them the opportunity to express what the land means to them and their financial or practical needs from the land. 

This is also a great opportunity for you to share with your family your feelings about the land. Communicating with your children about what the lands means to you may help them make decisions about the land in the future by using your feelings as a guide.

By listening to these comments, family members may learn they share common feelings and needs. The differences are also important to know. Together, this is information that can guide your next steps and inform your work with estate planning professionals. As you discuss your family’s goals and needs, develop a list of questions and information needed to take the next step in deciding the future of the land.

Defining the Next Step

Maintaining momentum is very important. Take the list of questions and information needs developed during your family conversations and assign people and timelines to specific next steps to help ensure that the effort is moving forward.

Moving Forward Despite Family Disagreements

Your goal may be to keep your family in agreement about the future of the land throughout the entire process. However, despite your best intentions and efforts, there may be situations where families are not able to work together or agree on a plan. In these cases, you need to be prepared to take the input you have received, work with the necessary estate planning professionals, and do what you believe is right for yourself,your family, and the land.

• Webinars: Conservation-based Estate Planning
• Find a Land Trust or Estate Planning Professional