Is it a good idea to have liability insurance on farmland if the land is in a trust?

Asked about 1 year ago - Rockwell, NC

We have 43 acres of land in North Carolina that has been transferred to our trust. We have been carrying a general liability policy on the land for that past 2 years but now wondering if this is necessary since we have transferred the land to our trust.

Attorney answers (3)

  1. Gregory Herman-Giddens

    Contributor Level 14


    Lawyers agree

    Best Answer
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    Answered . Even if the trust does protect your other assets from liability associated with the land, the land itself won't be protected without insurance.

  2. Jennifer Elaine Dalman

    Contributor Level 5


    Lawyers agree

    Answered . The amount of liability protection that a trust will provide depends on the type of trust, so we would need additional information in order to fully answer this question. If the trust is a Revocable Living Trust (the type of trust most commonly established and funded during your lifetime) established under NC law, then the trust provides no additional liability protection and so it would be a good idea to continue to carry the liability policy on the property.

  3. Joseph Michael Pankowski Jr

    Contributor Level 18


    Lawyer agrees

    Answered . I agree with Attorney Dalman. If the trust is a "revocable" or a "living" trust, then there is no liability protection simply because the property is in the trust. Please consult with an experienced asset protection attorney regarding other mechanisms which are available in your state to provide additional creditor protection. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more

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