Estate Planning Mistakes Farmers and Ranchers Can’t Afford to Make

Estate Planning Mistakes Farmers and Ranchers Can’t Afford to Make

Farming and ranching aren’t just jobs. They’re a way of life, often passed down through generations. But without a proper estate plan in place, that legacy can slip away—sometimes in just one generation.

All too often, land that’s been in a family for decades is sold off and developed, simply because no one made a clear plan for the future. And while farmers and ranchers face unique planning challenges, they’re not the only ones who put off this essential step. Business owners, parents, and property owners all risk losing what they’ve worked hard to build by not taking estate planning seriously.

Below are three common estate planning mistakes agricultural families make—and how to avoid them.

Mistake #1: Putting Off the Plan

One of the biggest challenges farmers and ranchers face is figuring out who gets what—especially when only some children want to stay in the family business. How do you keep things fair without compromising the future of the land and operation?

That indecision often leads to inaction. But skipping the plan entirely leaves your family in a difficult position, with no clear direction on what to do with land, livestock, equipment, or even debt. It’s a common issue, and not just for those in agriculture. The same mistake happens with family homes, investment properties, and small businesses.

The solution? Start now. Estate planning doesn’t have to be all-or-nothing. With the right team—attorneys, accountants, insurance advisors, and financial planners—you can create a plan that reflects your goals and preserves your legacy, even if your situation is complex.

Mistake #2: Using Joint Ownership as a Shortcut

It may seem simple: add a child’s name to the deed and avoid probate, right? Unfortunately, this common move can create more problems than it solves.

Joint ownership comes with legal and financial risks. For farmers and ranchers, it can jeopardize eligibility for USDA programs and subsidies. It also means giving up full control of your property—and once the paperwork is done, reversing it can be expensive and trigger unexpected taxes.

A better option? Hold land in a trust or a legal entity like an LLC, corporation, or partnership. These tools help you stay in control, reduce liability, and protect your eligibility for benefits—all while keeping your estate planning goals intact.

Mistake #3: Forgetting About Cash Flow

Death and incapacity don’t just bring grief—they bring bills. Medical expenses, long-term care, legal fees, and taxes add up fast. And because most farm and ranch assets are tied up in land, equipment, and livestock, they can’t be easily sold for cash.

When families don’t plan for liquidity, they often end up selling assets quickly and at a loss just to cover immediate costs.

The fix? Build liquidity into your estate plan. This could mean setting up life insurance, a line of credit, or other financial tools. A thoughtful estate planning attorney can also help you explore advanced options like life insurance trusts or structured buy-sell agreements that prepare your family for the unexpected—without forcing them to sell what matters most.

Final Thoughts: Your Land Deserves a Future

Whether you work acres of farmland or manage a ranch, your estate planning needs are personal—and essential. This isn’t just about protecting assets. It’s about protecting a way of life and the people who depend on it.

We’ve helped many families create estate plans tailored to their values, goals, and legacy—and we’re here to help you too. If you’ve been meaning to plan but weren’t sure where to start, let’s talk. A little time now can save your family a lifetime of uncertainty later.

Contact us today to schedule a consultation. Let’s make sure your legacy lives on.

Why Incapacity Planning Matters to Business Owners

Why Incapacity Planning Matters to Business Owners

When most business owners think about estate planning, they’re usually focused on one thing: what happens to the business after they’re gone. And while planning for succession is essential, there’s another scenario that often gets overlooked—what happens if you’re still alive but unable to run your business?

Incapacity isn’t just about catastrophic accidents or permanent disability. It can be temporary. It can come in the form of a long recovery after surgery, a cancer diagnosis that takes you out of the office for months, or even an extended leave to take care of a family emergency. The bottom line is this: if you can’t be there, your business still needs to function.

The Real Risk of No Plan

As a business owner, you wear a lot of hats. You oversee operations, make the big decisions, manage key relationships, and keep the business financially afloat. So what happens when you suddenly can’t be in the office for an extended period?

Without a clear incapacity plan, the absence of leadership can create confusion—and fast. Employees might not know who’s in charge. Decisions could be delayed or made by the wrong people. Worse, family members involved in the business may assume they should step in, even if they’re not the best fit.

A lack of structure during your absence can lead to internal power struggles, operational breakdowns, and even financial loss.

What Incapacity Planning Looks Like

Incapacity planning is an extension of good estate planning. It’s about protecting your business during your lifetime—not just after you’re gone.

Here’s what a solid incapacity plan should include:

  • A designated decision-maker: Someone who knows the business, commands respect, and can make tough calls when you’re unavailable.
  • Clear communication: If your family works with you, set expectations early. Being related doesn’t automatically make someone the best person to lead.
  • Legal authority: Make sure your chosen backup has the legal power to act on your behalf—this often includes creating a durable power of attorney or incorporating provisions into your business operating agreement.
  • Operational systems: Document key processes, vendor contacts, passwords, and protocols. If you’re out, someone needs to step in seamlessly.

Why Family Isn’t Always the Best Fit

Many business owners assume a spouse, sibling, or child will take the reins if something happens. But that assumption can be risky. Family members may not have the right experience, temperament, or relationships to lead the business effectively. And assuming they’ll step up—or that others will accept them in the role—can cause unnecessary tension or confusion.

Choosing the right person means thinking about what your business actually needs to stay stable in your absence, not just who’s closest to you.

Build a Plan Before You Need One

At the end of the day, estate planning isn’t just about preparing for death—it’s about protecting what you’ve built during your lifetime. For business owners, that means thinking beyond succession and addressing incapacity head-on.

If you haven’t created a plan for who leads your business when you can’t, now is the time. We can help you identify the right person, create the necessary legal documents, and build a plan that protects your employees, your income, and your peace of mind.

A little planning today can keep your business strong—no matter what tomorrow brings. Let’s talk. Schedule a meeting with us today.

Don’t Wait: Choose a Guardian for Your Children Today

Don’t Wait: Choose a Guardian for Your Children Today

We get it—this isn’t an easy subject. Imagining someone else raising your children feels unimaginable. It’s emotional, it’s uncomfortable, and it’s the last thing you want to picture. But as a parent, it’s a conversation you must have—and a decision you need to make. Because if you don’t name a guardian and the unthinkable happens, you won’t be the one deciding who steps in. A judge will.

And that judge? They won’t know you. They won’t know your children. And they won’t know the values, routines, or love that define your family. They’ll do their best, of course, but that choice could be a complete stranger—or even someone you wouldn’t have wanted anywhere near your kids.

The truth is, no one can replace you. But someone can carry out your wishes and provide stability, love, and guidance to your children. Your job is to choose that person now—while you can.

Choosing the Right Guardian

There’s no one-size-fits-all answer when it comes to choosing a guardian. Every family is unique, and the “right” choice for you may not be obvious at first. That’s why we help parents walk through the decision carefully—thinking not only about who can take care of your kids, but who should.

Here are some of the factors worth considering:

  • Relationship and Bond: Does your child already know and feel comfortable with this person?
  • Parenting Style: Are their values, beliefs, and approach to discipline similar to yours?
  • Location: Would your child need to move away from their school, friends, and community?
  • Health and Age: Are they physically and emotionally able to care for your child long-term?
  • Lifestyle and Availability: Are they raising children of their own? Do they have the time and energy to take this on?

It’s also wise to name at least one backup guardian in case your first choice becomes unable or unwilling to serve.

And here’s a tip: have the conversation before you put anything in writing. Don’t surprise someone with this responsibility—make sure they’re open to it and understand what’s involved.

What About Money?

Raising a child is expensive—but it shouldn’t be your chosen guardian’s burden. Ideally, you’ll leave enough financial support to cover the costs of education, healthcare, housing, and general needs. Life insurance, savings, and trusts are often used to provide for your child’s future.

But here’s where it gets tricky: the person you trust to raise your child may not be the same person you trust to manage their money. And that’s okay.

Many parents choose to name:

  • A guardian to care for the child day-to-day, and
  • A trustee to manage the financial side of things—paying for the child’s expenses and ensuring that funds are used appropriately.

Of course, some families choose to keep those roles combined for simplicity. But it’s important to weigh the pros and cons. The right setup is the one that gives you peace of mind.

Also, this isn’t a one-and-done decision. Your children will grow, relationships may change, and someone who isn’t the right fit now might become a great option later on.

The key is to make a decision today. Once you’ve named a guardian, it’s easy to update your plan down the road if things shift. But until you have that legal paperwork in place, the risk remains.

Let’s Talk It Through

You don’t have to figure this out alone—and you don’t have to leave your children’s future up to chance. By creating a legally sound estate plan, you can:

  • Name a trusted guardian who will care for your children if something happens to you,
  • Establish financial provisions to ensure your children are provided for without burdening others,
  • Appoint a trustee to manage assets wisely and in line with your wishes, and
  • Avoid court battles and confusion during what would already be a difficult time for your family.

At our firm, we make this process straightforward and personalized. We’ll guide you through each decision—carefully, compassionately, and without overwhelming legal jargon—so you can feel confident knowing your children are protected.

This is one of those steps that most people put off, but wish they had taken care of earlier. Don’t let uncertainty or discomfort stop you. Estate planning gives you the power to protect your children with clarity and love—no matter what the future brings.

Give us a call today to schedule your appointment. We’ll help you take care of this now, so you can get back to focusing on what matters most—being present with your family.

3 Estate Planning Tips for Every New Homeowner

3 Estate Planning Tips for Every New Homeowner

Whether you’re a first-time buyer or making a change in lifestyle, purchasing a home is a major milestone. With that comes new responsibilities. Here are three important steps to take.

Step 1: Update Your Address With Key Agencies

After settling into your new home, one of your first tasks should be updating your mailing address with the necessary agencies. Start by notifying the U.S. Postal Service—this can be done in person or conveniently online—to make sure your mail is forwarded without interruption.

It’s also essential to inform the IRS by submitting Form 8822, as well as your state’s tax authority. This helps prevent any delays in receiving tax documents, refunds, or other important communications tied to your legal and financial responsibilities.

Step 2: Align Your Home Title With Your Estate Plan

Take a moment to review your deed and confirm how the property is titled. It’s important that this aligns with your estate planning strategy to ensure your goals are carried out smoothly.

If your estate plan included instructions related to a former property, be sure to update those details now that you’ve moved.

And if this is your first home and you’ve established a trust to avoid probate, confirm that the title reflects the trust as the owner—not your individual name—to ensure proper protection and administration.

Step 3: Revisit Your Life Insurance and Beneficiaries

If you’ve taken out a mortgage to finance your new home, now is the time to review your life insurance coverage. It’s essential to ensure your policy is sufficient to cover the mortgage balance in the event of your death—especially if you have a spouse or children who may continue living in the home. Even if they don’t remain in the home, the insurance payout can provide financial security during a difficult transition.

This is also a smart moment to revisit your beneficiary designations. Major life events like purchasing a home can quickly make parts of your estate plan outdated. If your designations aren’t aligned with your overall estate planning documents, you risk unintentionally excluding a loved one or distributing assets in a way that doesn’t reflect your wishes.

Lastly, connect with your insurance provider to confirm you’re receiving any available discounts. Many companies offer reduced rates for bundling homeowner’s and auto insurance, and owning a home may qualify you for savings not available to renters. Taking these steps ensures you’re financially protected—and making the most of your coverage.

Make Your Estate Plan Work With Your New Home

Buying a home changes your financial picture—and your estate plan should reflect that. Whether you’re updating a trust, changing beneficiaries, or making sure your deed is properly titled, professional guidance makes a difference.

Let’s ensure your estate plan is aligned to your maj0r milestones. Contact us today to schedule a review.

Estate Planning for Military Families

Estate Planning for Military Families

Military life comes with unique challenges—and that includes how you protect your family’s future. Whether you’re newly enlisted or a seasoned service member, estate planning is essential. From managing assets across states to preparing for deployment, military families face distinct legal and financial considerations.

This guide walks you through the key factors, documents, and benefits to consider when building a strong estate plan.

Why Estate Planning Matters for Military Families

Unlike civilian families, military households often move frequently, face unpredictable deployments, and may qualify for government benefits that require specific legal planning. A solid estate plan helps ensure:

  • Your loved ones are financially protected.
  • Your wishes are honored in the event of incapacity or death.
  • Military benefits are maximized and distributed properly

Whether you’re active duty, in the reserves, or retired, estate planning is a crucial part of securing your family’s future. These factors shape what your estate planning strategy should look like:

  • Do you own property in more than one state?
  • Are you married or caring for minor children?
  • Do you have dependents with special needs?
  • Are you contributing to a 401(k), IRA, or Thrift Savings Plan?
  • Do you plan to make charitable donations?
  • Will you be relocating to another state or country?

Must-Have Estate Planning Documents for Military Families

Life Insurance
This serves as the cornerstone of estate planning for military families. Active-duty members are eligible for affordable coverage through Service Members’ Life Insurance Group. More information is available on the Department of Veterans Affairs website. Make sure your beneficiary designations are up to date and aligned with your estate plan.

Will
A will outlines how your property should be distributed and allows you to name guardians for minor or special needs children. It also names the person who will oversee your estate.

Trust
This legal document gives you more control over how and when your assets are distributed. It can also protect your estate if you become incapacitated. For many military families, a trust-based estate plan offers more flexibility than a simple will.

Survivor Benefits
Explore options like the Survivor Benefit Plan (SBP) and Dependency and Indemnity Compensation (DIC). These programs provide income to eligible spouses and children after a service member’s death. Correctly naming beneficiaries is critical—an estate planning attorney can help ensure these choices support your long-term goals.

Why Professional Guidance Matters

Military families often deal with the complexities of tax laws, government benefits, and frequent relocations. Working with an estate planning attorney ensures your plan is legally sound, up to date, and tailored to your military lifestyle.

Estate planning isn’t just about legal documents—it’s about protecting the people you love. Whether you’re preparing for deployment or settling into retirement, now is the time to get your plan in place.

If you need help building a military-specific estate plan, please reach out. We’ll walk you through your options and help you create a plan that brings peace of mind—no matter where service takes you.

Protecting Property from Deed Fraud: What Yolo and Placer Counties Are Doing

Protecting Property from Deed Fraud: What Yolo and Placer Counties Are Doing

What id Deed Fraud?

As an estate planning attorney, I regularly work with property records: confirming ownership, transferring property into trusts, and distributing property out of trusts to beneficiaries. Because I deal with property documents so frequently, I understand how important it is that county property records remain accurate and secure. Unfortunately, a growing threat to this security is deed fraud.

Deed fraud, or real estate fraud, happens when someone fraudulently records a document that transfers ownership of property without the true owner’s knowledge or consent. This kind of fraud disproportionately impacts seniors, people with disabilities, and owners of vacant or highly appreciated properties. According to the FBI, over 11,000 cases of real estate fraud were reported in 2021, with losses exceeding $350 million.

Two counties in Northern California—Placer County and Yolo County—have taken different approaches to this issue. Let’s compare how each is working to protect residents from deed fraud.

Placer County: Proactive Protection with Courtesy Notifications

In 2022, Placer County launched a Real Property Fraud Prevention and Courtesy Notification Program. Under this program, property owners automatically receive a written notification any time a document is recorded that could affect ownership of their property—such as a grant deed, quitclaim deed, or similar transfer document.

This alert doesn’t prevent the document from being recorded, but it gives property owners the chance to take quick action if the recording is unauthorized or suspicious. It’s a low-cost, high-impact way to improve transparency and security, particularly for elderly and vulnerable property owners who might not be actively monitoring their property records.

One key feature of Placer County’s program is that no opt-in is required. Every property owner is automatically enrolled, ensuring that even those less familiar with technology or government services receive protection.

 

Yolo County: Existing Tools and Steps Toward More Protection

In response to growing concerns, I reached out to the Yolo County Clerk-Recorder’s Office about their approach to deed fraud. I was encouraged by their responsiveness and commitment to protecting residents.

Currently, Yolo County provides a self-service online portal that allows the public to search recorded documents associated with their name. While the full recorded documents can’t be viewed online, if a search result looks suspicious, residents can visit the Clerk-Recorder’s office in person to investigate further.

Here is the link to the self-service online portal.

Additionally, Yolo County imposes a District Attorney fraud fee on recorded documents, which helps fund the DA’s office to investigate and prosecute real estate fraud. The Clerk-Recorder’s Office also forwards any suspicious activity to the District Attorney for follow-up.

Importantly, Yolo County is actively exploring the launch of a fraud alert notification program similar to Placer County’s. They are reviewing vendors and models, and are particularly interested in systems that don’t require residents to opt in, recognizing that many at-risk residents may not take the extra step on their own.

 

Why This Matters in Estate Planning

As an estate planning attorney, I see firsthand how deed fraud can impact families. Whether I’m transferring a client’s home into a revocable living trust or helping a family distribute property to beneficiaries after a loved one’s death, accurate property records are essential.

Deed fraud can complicate or delay trust administration, damage title history, and even prevent a rightful owner from selling or refinancing their property. In some cases, cleaning up fraudulent transfers can take months or years, cost thousands of dollars, and cause significant stress.

That’s why it’s so important for counties to adopt fraud prevention tools, and for property owners to stay vigilant.

What You Can Do

While counties work to improve protections, there are steps you can take to protect your property:

  • Regularly check your property records using the county’s online portal.
  • Set up alerts if your county offers a notification service.
  • Work with a trusted estate planning attorney to make sure your property is properly titled and protected.
  • Report any suspicious activity immediately to the County Clerk-Recorder and District Attorney.

Conclusion

Yolo County is taking important steps to catch up with programs like Placer County’s, which provide proactive protection against real property fraud. As an estate planning attorney, I applaud these efforts and encourage both counties—and others across the state—to continue developing tools that safeguard property owners, especially the most vulnerable.

If you have questions about how to protect your property through estate planning, trust transfers, or deed record review, feel free to contact my office. We’re here to help you protect your legacy and your home.

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