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Sewing the Seeds for a Successful Farm Transition?

Succession planning is one of the most important aspects of passing on a farm to future generations, but having a conversation about it is not always easy. Jolene Brown, an Iowa farmer and professional speaker, and Nelson Schoon, certified financial planner and owner of Financial Framing, weighed in on some of the do’s and don’ts of succession planning.

AgriNews recently reported some great advice about what to do (and not do!) to ensure a smooth transition of your farm to the next generation or a new owner in “Do’s and don’ts of farm succession planning.”

DO make a plan. Farm succession is critical. It’s nice when you have trusts and wills, however, when you’re dealing with transferring a business such as a farm, there’s a lot more complexity. The majority of farmers are over the age 55, and if you can believe it, 80% of them do not have a plan.

DO hire the right people in the right positions. Like any closely held or small business, the fact that you’re related to someone doesn’t automatically mean they should be working on your farm. You may have some good workers who are members of your family, but all of your farmhands should be vetted and hired correctly.

DON’T wait. Unfortunately, some farmers pass at an early age and have no plan in place. This can create major problems for family members. Contact a skilled estate planning attorney right away to help you make a plan.

DO communicate. Ask yourself whether you want the farm to continue. If so, you need to communicate your expectations clearly so that the plan is known. Families need to have a legal estate and management transfer plan or a buy or sell agreement prepared. All of the concerned parties need to discuss details that go beyond the will.

DO make sure there’s enough money. It’s not that you need to have a super-prosperous farm ready for someone to take over. The next generation needs to be prepared with a business plan of how they will be adding value if they join the farm.

DO get it in writing. Remember that a conversation or phone call isn’t a binding legal contract. Work with your estate planning attorney. He or she will make sure that everything is legal and above board.

Reference: AgriNews (September 17, 2015) “Do’s and don’ts of farm succession planning”

Is the Family Business a Part of Your Estate Plan?

Family business contributes to over 70 percent of global productions, but owners of them don't update their estate planning. It's estimated that over 50 percent of family business owners didn't update their estate planning documents for more than five years. Perfect and updated family planning ensures the smooth transition of a property from one generation to other while exploiting many tax benefits as well.

A recent article in Money Times, “Updating estate plans need of the hour for family business owners,” warns that estate planning becomes old or outdated after just a few years. In addition, family situations and relationships between family members, business matters, net worth, and other factors can and will change anytime or over a period of time.

That’s why you need to have an estate plan review on a regular basis. Regardless how complex an estate plan is, it's better to work on a customized estate plan now. This will make certain that your family business passes from one generation to the next without disputes that may further damage its possible growth. In the alternative, estate planning can also be used to offload the family business at a fair price deal.

Many family business owners aren’t aware of charitable planning and charitable gifts. More than 50% of family business owners aren’t exploring these options and their tax benefits.

Because the tax laws change frequently, family business owners need to work with their estate planning attorneys and take advantage of any new strategies to legally avoid estate taxes, gift taxes and other taxes.

After speaking with an attorney, some family business owners find that they're richer than they thought once their estate plan is drawn up. Estate planning is critical for the inheritance to control the assets and minimize the tax imposed by both your state and the federal government.

If you are now motivated to talk with an attorney about  placing your business in the best possible condition when you pass it to the next generation, please set up a consultation before the motivation fades.

Reference: Money Times (September 18, 2015) “Updating estate plans need of the hour for family business owners”