Written by Robert Moore

As we all know, family farms often hold deep sentimental value. They are passed from generation to generation, with the hope that they will stay in the family. But without careful estate planning, these properties can become the subject of costly legal disputes—and even forced sales. A recent case from the Ohio Court of Appeals, Stephan v. Wacaster, is a textbook example of how inadequate planning can lead to the partition and sale of family land.

The Case: A Family Farm Divided

In Stephan v. Wacaster, the appeals court affirmed a decision forcing the partition^[1] of a 95-acre farm in Miami County, Ohio. Here’s what happened:

Margaret Stephan, the original owner of the farm, left a will giving life estates to her two children, Connie Wacaster and DeWayne Stephan. Upon each of their deaths, the will directed that their respective shares would pass to their children. For DeWayne’s half, that meant his sons, Rick and Chris Stephan. For Connie’s half, her children, Tami Bodie and Todd Wacaster, would inherit.

Both Margaret and DeWayne passed away. Rick and Chris, now owning DeWayne’s one-half of the farm, filed a lawsuit seeking to partition the farm and divide the proceeds. Connie, still living and holding her life estate in half the property, objected. She argued that because she was still alive and held a life estate over the whole farm, the property couldn’t be partitioned until her death. Continue reading How Inadequate Estate Planning Led to the Likely Sale of a Family Farm →