It All Starts with a Plan For ranchers and farmers who want their land to remain in the family, the first and most important step is simple: take action, and take it early. Start by working with an attorney who truly understands the unique issues facing agricultural families. But first, realize that not all lawyers do. You need someone who knows the ins and outs of property rights, water rights, grazing and timber contracts, branding laws, and the cultural importance of preserving land that’s been in a family for generations.…Read More
Choosing The Right Foundation Every farm or ranch is a business at its core. And like any business, it needs the right legal foundation to survive threats, whether internal or external. Fortunately, agricultural operations have access to the full suite of business structures available to other industries. Limited Liability Companies (LLCs), corporations, trusts, and partnerships are all tools we routinely use to help clients protect their land, equipment, and operations. For anyone navigating these decisions, getting tailored, farm business structure legal advice is essential, not just to choose the right…Read More
A Different Kind Of Estate: Land, Legacy, And Loyalty Estate planning is never a cookie-cutter process, but for farmers and ranchers, the stakes are uniquely high. For most people, an estate may include a home, a few financial accounts, and some personal possessions. But for agricultural families, the estate is often the land itself, the barns and cattle, the irrigation rights, the machinery, the fencing, the brand on the livestock—all of it. It is a lifestyle and a livelihood. More than that, it is heritage. It is the family’s identity.…Read More
All registered corporations are required by law to hold an annual meeting. Limited liability companies (LLCs), although not subject to the same statutory requirement, may hold regular meetings in accordance with their governing documents. What Is The Purpose Of A Corporation’s Annual Meeting? In the United States, all corporations must hold an annual shareholder meeting because it is required by law. State laws differ slightly on what must happen at an annual corporate shareholder meeting, but it typically addresses the company’s annual report, board of director elections, new business ventures,…Read More
Some activities are inherently risky. Visitors of certain types of businesses, such as shooting ranges, equestrian centers, and sky diving know there is a chance they could get injured when they engage in the activities those businesses offer. To protect themselves against potentially costly lawsuits, businesses can use a liability waiver to shift the risk from themselves to their customers. Liability waivers are a type of contractual provision in which one party agrees not to hold the other party legally responsible for a set of acknowledged risks. Businesses may ask…Read More
In general, middle-income seniors have income and assets that make them less likely to qualify for Medicaid. At the same time, they may not have adequate resources to pay for the rising costs of housing and care options they need. A NORC study done in 2019 and updated in 2022 shows that nearly three-quarters of middle-income seniors in the US will be unable to afford assisted living programs by 2033 without selling their homes. It is the first study of its kind focused on a growing health care crisis. Data Used In…Read More
The LLC is a popular way to structure a business because it provides personal liability protection to the members– like a corporation does to its shareholders–but without as many administrative formalities. But if you’re an LLC member, don’t let this lull you into complacency.   As a business owner, you’re responsible for the proper governance of the LLC. If a conflict arises—either among LLC members or between the LLC and a third party—the governing documents and methods through which the owners govern the LLC may help prevent a conflict from escalating…Read More
Divorce is rarely simple. When two people’s lives are intertwined—physically, emotionally, and legally—separating the individual strands can be a task akin to untying the Gordian knot. The longer a couple has been together and the more they share, the more difficult this task becomes. It can be even more difficult if the divorcing couple co-owns a business or one spouse owns a business. Marital assets—including a business—are divided between the parties as part of the divorce process. But determining who the business belongs to and ascertaining its fair market value,…Read More
Employee handbooks address the who, what, where, why, and how of your business operations. Your employee handbook will protect you and your business by setting appropriate expectations, and providing consistency for your employees when situations arise. What Information Should An Employee Handbook Include? Ideally, employee handbooks address anything significant related to your company, employees, operating policies, and applicable laws – as well as how rules and policies are followed and/or enforced. The following topics are commonly addressed in employee handbooks: Equal Employment Opportunity (EEO) Laws. Business owners must comply with EEO…Read More
