farm management

New Publication: Using Long-Term Leases in Farm Transition Planning

Written by Robert Moore

Planning how to pass on the farm to the next generation can be one of the most challenging tasks for a farm family. Parents often want to recognize the hard work and commitment of a farming heir while still treating non-farming heirs fairly. The difficulty is that most of a family’s wealth is usually tied up in farmland and operating assets. If all the farmland is left to the farming heir, non-farming heirs may feel shortchanged. But if farmland is split among heirs, the farming operation can lose access to land needed to sustain the business. Non-farming heirs may wish to inherit land for sentimental or financial reasons, yet their ownership could lead to conflicts over leases, sales, or use of the property that disrupt the farm’s future.

These decisions can become emotional as well as financial. A farming heir often contributes years of labor with the understanding they will one day operate the farm. Non-farming heirs may feel entitled to an equitable share of the family wealth, even if it means dividing farm assets. Options like requiring a buyout by the farming heir can create additional financial stress and may not be realistic given high land prices. Many families struggle to balance fairness to all heirs with the need to preserve the land base for a viable farming operation.

A new bulletin, Using Long-Term Leases in Farm Transition Planning, explores one way to resolve this challenge. A long-term lease allows parents to leave farmland ownership to a non-farming heir while granting the farming heir a secure, extended right to farm that land. This strategy protects the farmland base for the farming heir, provides rental income to the non-farming heir, and helps the farming heir avoid the high cost of purchasing additional farmland. The publication explains how long term leases work, the advantages and disadvantages of this approach, and considerations for setting lease terms that work for both parties. It includes practical examples of how families can use this strategy in their transition plans, as well as the importance of adjusting rent over time and consulting legal counsel before finalizing an agreement.

The bulletin is part of the Planning for the Future of Your Farm series and is now available on the Farm Office website.

Just-in-Time Agricultural Employer and Employee Surveys

A research team from OSU (Extension, ATI, and AEDE) is conducting a survey on the role just-in-time or “gig” workers could play in the agricultural labor force across Ohio. If you operate a farm in Ohio, please consider filling out this survey.

If you are not a farm operator, but would still like to contribute, there is a separate survey for potential just-in-time agricultural employees, found here.

Regardless of which survey you complete, your responses will contribute valuable insights into this ongoing issue in the state’s farm economy. Both surveys are confidential and should take no more than 10-15 minutes. Thank you!

Cultivating Connections Conference for farm transition planners coming August 4 & 5

By:Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program

A critical need for agriculture is having professionals who can help farm families and businesses plan for the future of their farms. That need is the source of a partnership between Ohio State’s Agricultural & Resource Law Program and Iowa State’s Center for Agricultural Law & Taxation. The two programs have once again partnered to offer the Third Annual Cultivating Connections Conference to grow the number and expertise of farm transition planning professionals. Iowa State will host the conference this year on August 4 and 5, 2025 in Ankeny, Iowa. The National Agricultural Law Center is a sponsor of the program.

The conference is a forum for learning and discussing the latest laws, strategies, tools, and insights necessary for effective farm transition planning. It brings together a diverse range of professionals — attorneys, accountants, educators, and financial advisors — who share a common goal: to preserve the legacy and sustainability of family farms for future generations.

At the heart of the conference is a focus on building strong, collaborative relationships among farm transition professionals. Conference sessions aim to impart knowledge, foster dialogue, and build a supportive community. Attendees can connect with peers and share issues, insights, and expertise.

OSU’s Robert Moore will speak for the conference about his work with Long-Term Care Considerations for the Farm Transition.  The agenda is full of additional speakers and sessions:

  • Successfully Counseling the Farm Family on Succession – Robert Hanson, Professor Emeritus, U. of Nebraska
  • Considering Farm Program Payments in the Transition Plan – Phil Newendyke, Pinion Farm Program Services
  • 2025 Tax Update for the Farm Transition – Kristine Tidgren, Iowa State Center for Agricultural Law and Taxation
  • Fresh Legal Tools for the Farm Transition – David Repp, Dickinson, Bradshaw, Fowler & Hagen, P.C.
  • Fair Doesn’t Mean Equal When It Comes to Farm Debt – Joe and Austin Peiffer, Ag & Business Legal Strategies
  • Charitable Options for the Transition – Ame Mapes and Laura Ingram, Belin McCormick, Attorneys at Law
  • Farm and Rural Landowner Case Studies – Travis Schroeder, Simmons Perrine Moyer Bergman, PLC and Mike Downey, UnCommon Farms

The conference will be in person at the FFA Enrichment Center in Ankeny, Iowa, but an online attendance option is also available.  Learn more about the conference and register online at https://www.regcytes.extension.iastate.edu/cultivating/.

Wasted Away in Litigationville

By:Robert Moore, Thursday, July 03rd, 2025

Jimmy Buffett, the legendary singer-songwriter and businessman, passed away in 2023 leaving behind a substantial estate reportedly worth around $275 million. Recently, reports have surfaced that his widow, Jane Buffett, has filed a lawsuit against her co-trustee and Jimmy’s long-time business manager, Richard Mozenter. The dispute offers a high-profile example of several key estate planning issues:

  • How trusts can be structured to provide for a surviving spouse
  • The responsibilities, and potential pitfalls, faced by trustees
  • The everpresent risk of conflict, even in well-planned estates

The Trust

The estate plan developed by Jimmy and his legal team followed a common structure used by millions of married couples. Upon Jimmy’s death, his assets were transferred into a trust. For the remainder of Jane’s life, she will receive all the income generated by the trust. After her death, the remaining assets will be distributed to their children.

This type of trust is often referred to as a marital trust, or more specifically, a Qualified Terminable Interest Property (QTIP) trust. A marital trust offers several benefits but the primary ones are deferring estate taxes, providing income and protecting assets. While most couples use a marital trust to achieve one or two of these goals, Jimmy’s plan appears to have been designed to accomplish all three. Let’s take a closer look at each of these benefits. Continue reading Wasted Away in Litigationville →

Revisiting Minimum Wage Obligations in Ohio Agriculture

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

Federal lawmakers have once again sparked debate over increasing the federal minimum wage, which has remained at $7.25 per hour since 2009. While many farmworkers are exempt from the federal minimum wage under the Fair Labor Standards Act (“FLSA”), a potential increase could still create significant ripple effects throughout the agricultural sector.

Earlier this month, Senators Josh Hawley (R-Mo.) and Peter Welch (D-Vt.) introduced the Higher Wages for American Workers Act, a bipartisan proposal that would raise the federal minimum wage to $15 per hour and index future increases to inflation.

Although agricultural employers in Ohio are generally exempt from federal minimum wage requirements, the reemergence of federal wage legislation presents a timely opportunity to revisit those exemptions and clarify what minimum wage obligations may apply to farm employers under both federal and state law.

Federal Agricultural Exemptions
Under the FLSA, agricultural employers are not required to pay the federal minimum wage to certain employees if one or more of the following conditions apply: Continue reading Revisiting Minimum Wage Obligations in Ohio Agriculture →

2024 Farm Commodity Program Payment Estimates for Ohio Counties as of June 2025

By: Carl Zulauf, Seungki Lee, and David Marrison, Ohio State University, June 2025

Click here for PDF version of the article

Estimates of payments by ARC-CO (Agriculture Risk Coverage – County version) for the 2024 crop year use county yield estimates from USDA, RMA (US Department of Agriculture, Risk Management Agency) (https://webapp.rma.usda.gov/apps/RIRS/SCOYieldsRevenuesPaymentIndicators.aspx).  Legislation requires FSA (Farm Service Agency) to give primacy to RMA yields when determining ARC-CO payment, but other factors can be considered.  Thus, these ARC-CO payment estimates are likely to be closer to the FSA payment rate than the payment estimates made in May 2025 using county yield estimates from USDA, NASS (National Agricultural Statistics Service) (https://quickstats.nass.usda.gov/).  Other data used to makes these payment estimates are 2024 crop year program parameters and market year price estimates from USDA, FSA (https://www.fsa.usda.gov/resources/programs/arc-plc/program-data).

FSA is expected to release official payment rates in October 2025.  They can differ notably from estimates.  Market year prices and county yields are not final.  They are also currently in a range where small changes can cause large changes in ARC-CO payment rates.  Use the estimates with caution. Continue reading 2024 Farm Commodity Program Payment Estimates for Ohio Counties as of June 2025 →

The 3rd Annual Cultivating Connections Conference Returns

Written by Robert Moore

We’re excited to announce the 3rd Annual Cultivating Connections Conference, a joint effort between Ohio State University and Iowa State University. This unique event brings together professionals who are dedicated to the critical work of farm transition planning. Whether you are an attorney, accountant, financial advisor, or educator, this conference is designed to provide you with the tools, insights, and connections you need to support farm families as they plan for the future.

The conference will be held at the FFA Enrichment Center in Ankeny, Iowa. In-person registration is $325, and a virtual attendance option is available for $299. The event will take place over two days and will feature a variety of sessions focused on the legal, financial, and family dynamics of transitioning agricultural operations to the next generation.

This year’s agenda features presentations on new legal tools for the farm transition, counseling farm families through succession planning, and understanding how farm program payments impact the transition plan. Additional sessions will include a 2025 tax update for the farm transition, long-term care planning, and a discussion on the concept of fairness versus equality in farm debt. The second day of the conference will provide real-world case studies.

The Cultivating Connections Conference is more than just a learning event. It is a forum for building relationships, exchanging ideas, and strengthening the professional community dedicated to preserving the legacy and sustainability of family farms. Whether you are just entering the field or have years of experience, we invite you to join us for this important event. Come to gain valuable knowledge, share your own insights, and connect with others who are committed to helping farm families succeed across generations.

Registration is now open at: https://www.regcytes.extension.iastate.edu/cultivating/

For questions, contact Robert Moore at moore.301@osu.edu .

Considerations When Using the Prevented Planting Option

By: Eric Richer, Associate Professor and Field Specialist, Farm Management, OSU Extension; Carl Zulauf, Professor Emeritus, OSU Department of Agricultural, Environmental, and Development Economics; and Aaron Wilson, Assistant Professor and Field Specialist, Ag Weather and Climate, OSU Extension

According to the May 27 Crop Progress Report by USDA National Ag Statistics Service, Ohio had only 54% of corn planted, well behind the 5-year average of 73% planted. In 2024, 74% was planted by this report date. In 2019, a year with significant planting delay, only 22% of the corn had been planted by this report date. In that year, the wettest spring conditions were confined to northwest Ohio. In contrast, much more of the state has received well above average precipitation in 2025, with areas near the Ohio River and northeast Ohio seeing the largest difference compared to normal.

The lag in corn planting progress this year has prompted increasing interest in evaluating the Prevented Planting option available through multi-peril crop insurance. The purpose of this article is to walk through the options, mechanics, and economics of electing prevented planting for your corn crop utilizing 2025 values.

We are not crop insurance agents, so our most important message is that for those thinking about prevented planting talk sooner rather than later with your insurance agent.

In Ohio, June 5 is the date at which prevented planting becomes an electable option.  For soybeans, the date is June 20.

As of June 5, a farmer who has individual farm yield (YP) and revenue (RP and RP-HPE) insurance for corn has 3 basic options: Continue reading Considerations When Using the Prevented Planting Option →

Income Tax Schools at The Ohio State University Summer Tax School 2025

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

Income Tax Schools at The Ohio State University Announces Summer Income Tax School Webinar
Barry Ward & Jeff Lewis, OSU Income Tax Schools

An “Update on Current Tax Issues and Law Changes” along with a section on “Taxpayers in Trouble” are the focus of the upcoming Summer Tax School Webinar featured by Income Tax Schools at The Ohio State University.

This webinar is scheduled for August 11th and registration is now open. The registration page can be accessed at: go.osu.edu/summertaxschool.

This Summer Tax School is designed to update tax preparers about current tax issues, new law changes and tax legislation. This school will also include a section on working with “taxpayers in trouble”. Continue reading Income Tax Schools at The Ohio State University Summer Tax School 2025 →

Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

The classification of workers as either independent contractors or employees has once again become a focal point of federal labor policy, reflecting the broader ideological shifts that accompany changes in presidential administrations. With the transition to new leadership in the White House, the U.S. Department of Labor (“DOL”) has issued new guidance that redefines the criteria used to determine worker status. This latest interpretation marks a departure from the 2024 Democratic rule (the “2024 Rule”), instead embracing a model more consistent with prior Republican approaches. The change has significant ripple effects for employers and workers as it influences everything from wage protections to benefits eligibility and legal liability.

On May 1, 2025, the DOL’s Wage and Hour Division (“WHD”) issued Field Assistance Bulletin No. 2025-1(the “2025 Bulletin”), offering updated guidance on how to assess whether a worker qualifies as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”).

The 2025 Bulletin explicitly states that the WHD will no longer apply the analytical framework established by the 2024 Rule when evaluating worker classification under the FLSA. Instead, the WHD will rely on the standards set forth in Fact Sheet #13 (July 2008) and Opinion Letter FLSA2019-6 (referred to as the “2008 Guidance” and “2019 Guidance,” respectively). However, the 2025 Bulletin clarifies that the 2024 Rule remains applicable in the context of private litigation. Continue reading Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift →