Last month, I had an opportunity to visit with someone at Grow NYC (who runs Greenmarket), who shared this report with me (funded by the Doris Duke Charitable Foundation): “Farmers on the Edge: An Assessment of Greenmarket Farmers’ Needs, and the Growing Challenges of Keeping Their Farms Viable.” I finally had an opportunity to review the report in detail. It …
A Few Thoughts on Matrimonial Agreements
Matrimonial agreements are always encouraged, especially with divorces. When people enter into an agreement as opposed to getting an order from a judge, it is more likely that they will comply with the agreement. Any type of matrimonial agreement is a contract and can be enforced by court action just like any other civil contract. Matrimonial agreements may discuss the …
Build a Management “Team” For Your Family Farm or Agri-Business
One of the biggest hurdles in successfully passing down a family business (with any kind of family business) is training its successors. Same is true with family farming operations or agri-businesses, which require specialized knowledge and skill sets. Failure to do so adequately can mean the end to a family business with the manager deceases or is no longer able …
NBI Webinar: Estate Planning for Farmers and Ranchers
The National Business Institute (“NBI”) will be having a substantive webinar on October 3, 2012 from 11:00am to 6:00pm ET (that’s no typo – it’s a 7 hour webinar…). It’s a little pricey for a webinar but if you are interested in this topic (like me) then I think it’ll be worthwhile. Topics for the webinar include the following: (1) …
Determining Your Goals For the Estate Planning Process
For those of you who have decided to charge ahead with an “estate plan” for your family, it’s important to really think about your goals of the estate planning process. Your objectives will help guide the entire estate planning process and will be a guidepost to your estate planning attorney in helping formulate the correct game plan. As a caveat, …
Harvard’s Food Law & Policy Career Guide
Big thanks to Jean Terranova (@JeanTerranova for you Twitter folks) for sending me the Food Law and Policy Career Guide by the Harvard Food Law & Policy Clinic and Harvard Food Law Society. I think it’s an excellent resource for folks interested in a career in food & agriculture law. The guide briefly notes areas of concentration including agriculture, biotechnology/GMOs, …
The Collaborative Divorce – The Right Fit For You?
Collaborative law is an alternative to a lengthy, expensive, and adversarial litigation process. Couples, with the assistance of their attorneys (and sometimes other professionals), make joint decisions regarding the dissolution of their marriage. In order for the collaborative process to work, both the husband and wife must agree to work effectively together to reach goals that satisfy both parties. Trust …
Estate Planning is More Than Just Getting a Last Will and Testament
Many people think that “estate planning” is really just hiring a lawyer or downloading a program off the internet (which I do not suggest) to draft a Last Will and Testament. However, it’s more complicated than that. A good estate planning attorney will have you complete a questionnaire giving him/her information on your family tree, assets and liabilities in order …
Would Love a Shout-Out in the Best of the Barns Competition
Ranch House Designs, Inc. recently announced that it is taking recommendations for its innagural Best of the Barns Competition. Each day it will be asking for recommendations for one of its many categories via its Facebook page. You can also email recommendations to kc@ranchhousedesigns.com. Last year, I was the lucky winner of the Best Agriculture Lawyer. Huge thanks goes to …
Would Love Your Recommendation for the ABA Blawg 100
To my beloved readers… It’s that time of year again when the American Bar Association (“ABA”) is searching for the best 100 law blogs (“blawgs”). Last year, I made the coveted list and would love to do again.. but can only do so with your help. If you are a fan of this Food, Farm & Family Law Blog please …
Estate Planning Isn’t Just For the Elderly
Let’s face it. Estate planning is easy to push off. What’s another week… another month… another year… another five years… After all, I’m healthy. My spouse is healthy. We don’t have kids. We don’t have a lot of assets. I don’t care if what-little-I-do-have follows the rules of intestacy (i.e., the “default rules” if you die without a Last Will …
My Presentation on Drafting Farm Partnership Agreements
Last fall I spoke at the American Agriculture Law Association (“AALA”) 32nd Agriculture Law Symposium on partnership agreements for farms and ranches. Although there is likely a better choice of entity, general partnerships are common among the agriculture community and easily overlooked when there is a good relationship among the partners (or family members). Even so, I highly recommend memorializing …