Farm Succession Planning: Build Your Succession Planning Team

Ruder Ware

Farmers know there’s going to come a day when they’re no longer around to run their farms – and they know they should have plans in place for when that day comes. But farmers often delay planning because it forces them to think about difficult topics and make difficult decisions.

The first step to beginning a succession plan is to pull together a team to help build and implement a plan. The team should consist of trusted professional advisers, successors who will continue the farming legacy and other family members to help make those difficult decisions. Having a strong team in place is key to any successful plan.

Assembling a team of trusted advisers early in the planning process will help farmers explore the options they have when it comes to succession planning. The best plans often involve financial advisers, accountants and attorneys who can work together to ensure the succession plan is drafted to meet farmer goals and to be implemented in an orderly manner when the time comes to transition the farm. Introducing professional advisers to farm successors early in the planning process often makes for a smoother farm transition. It’s important for advisers to be familiar with the skills, experience and value successors bring to the farm.

One of the most important decisions a farmer needs to make is who will run the day-to-day operations of the farm when the senior generation is no longer able to do so. The answer may be simple for some farmers, for example if there’s only one child involved in farming operations. But the decision can be difficult if there are multiple children involved in running the farm. Professional advisers can provide suggestions for documents and provisions to include in the plan that set a clear path for decision-making and resolving disagreements. The plan may include organizing the farm as a limited liability company, corporation or other legal entity, or transferring farm assets to a trust.

Succession planning includes putting estate planning documents in place for the farmer to carry out his or her wishes in the event of incapacity or death. Examples of documents that may be included in the estate plan are wills, durable powers of attorney, health-care powers of attorney, trusts and marital-property agreements. When discussing those documents a farmer will be asked who she or he wants to name as agents, trustees and personal representatives. A team of professional advisers and family members can help farmers choose who is best-suited to take on those roles.

© 2021 Agri-View. Madison, WI. Reprinted with permission.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ruder Ware | Attorney Advertising

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