(a) An estate or irrevocable trust shall be considered as one person except that, where two or more estates or irrevocable trusts have common beneficiaries or heirs (including spouses and minor children) with more than a 50-percent interest, all such estates or irrevocable trusts shall be considered as one person.
(b) An individual heir of an estate or beneficiary of a trust may be considered as a separate person to the extent that such heir or beneficiary is engaged in the production of crops as a separate producer and otherwise meets the requirements of § 795.3, except that an estate or irrevocable trust which has a sole heir or beneficiary shall not be considered as a separate person from such heir or beneficiary.
(c) Where an irrevocable trust or an estate is a producer on a farm and one or more of the beneficiaries or heirs of such trust or estate are minor children, the minor children's pro rata share of the program payments to the trust or estate shall be attributed to the parent of the minor children except as otherwise provided in § 795.12.
(d) A revocable trust shall not be considered as a separate person from the grantor.
authority: Sec. 1001 of the Food Security Act of 1985, as amended, 99 Stat, 1444, as amended,
7 U.S.C 1308; Pub. L. 99-500 and Pub. L. 99-591
source: 43 FR 9784, Mar. 10, 1978, unless otherwise noted.
cite as: 7 CFR 795.9