Your objectives will drive the entire estate-planning process, so it is important to clearly articulate your goals. These goals should serve as a guidepost to your estate-planning attorney in helping to formulate the correct game plan. It might not be possible to fully meet all of your goals; therefore, when you meet with your estate-planning lawyer, make sure to emphasize …
Partnership Agreements for Farmers, Agri-businesses and Food Entrepreneurs
Farmers, agri-businesses and food entrepreneurs are highly encouraged to put the terms of an agreement in writing. Simple partnership agreements are also recommended for agreements to share ownership in one livestock animal, such as a bull, ram, boar, or show animal. Partnership agreements serve several purposes. First, absent a partnership agreement, the New York “default rules” will apply. Second, when …
So What About a Heifer Lease?
Perhaps you have heard about a bull lease – so what about a heifer lease? Here are a few suggested terms for a heifer lease: 1. Name and address of owner of the heifer (What is the name on the registration paper, if applicable?) 2. Name and address of the lessee (individual or farm name) 3. Name, date of birth, registration number, …
Hobby Farm Rules
Those who are just beginning a farm operation or food business, those who work off-farm or those who are slowly withdrawing from farming would do well to familiarize themselves with the Internal Revenue Code § 183, “Activities Not Engaged in for Profit,” occasionally referred to as “The Horse Shelter” or “Hobby Loss Rules.” IRC § 183 is designed to prevent …
A Primer on Matrimonial Law in New York
I will be giving an overview of New York divorce law at Fordham Law School on January 24, 2015 for the Bridge the Gap CLE along with Veronica Escobar titled “A Primer on Matrimonial Law in New York.” Veronica and I will give an overview of New York matrimonial law beginning with the two different paths to divorce: the contested …
Choice of Business Entities Blog Series: The Cooperative
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question …
Choice of Business Entities Blog Series: The Limited Liability Company
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question may …
Overview of Farm Leases
I’m speaking tonight at the American Farmland Trust Legal Workshop on farm leases in Westchester County. I posted an updated outline on farm leases here on my JD Supra page. Whether you are a landlord or a tenant, I highly suggest working with a licensed attorney in your state to memorialize the terms of a written farm lease. Share …
Keynote Speaker at the Cornell Southern Tier Agricultural Risk Management Conference
I’m super excited to be presenting at the Cornell Cooperative Extension this November, where I will be the keynote speaker. In my presentation, “The Broken Windows Theory and Your Farm: How the ‘Little Things’ with Risk Management Can Make the Big Difference,” I will talk about the “Broken Windows Theory” and explain how to apply this concept to farms in …
Choice of Business Entity Blog Series: The Corporation
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question may …
Ten Legal Tips for the New Parent
Something must be in the air – I have a lot of friends having babies! Having a baby and becoming a parent for the first time is exciting, but also very scary. There are many legal implications of having a baby and/or expanding your family. Here are my top 10 tips to make sure that you take legal steps …
Choice of Business Entities Blog Series: The Limited Partnership
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question …