By Megan Roberts, Extension Educator
If
you have not already identified an attorney to help you through the legal
aspects of the farm transfer and estate process, you may be wondering how to
find a qualified attorney. One possibility is to utilize online search tools
from professional associations. Attorneys self-select into these organizations
for specialized professional development. The following suggestions are not intended as advertising for
any attorney or organization nor meant to be a referral or recommendation of any
attorney.
One
national professional organization associated with estate planning and elder
law is the Wealth Counsel. To find members of the Wealth Council visit: www.estateplanning.com.
Once on the site, go to the upper right of the page and click “Find a Planning
Professional.” On the next page, you can enter the zip code of your mailing
address and select the radius of the search up to 100 miles of your location.
You may also search for attorneys by individual Minnesotan cities.
Another
professional association that enables online searching is the Minnesota Bar
Association, www.mnbar.org. To
search members of the Minnesota Bar Association visit: www.mnbar.org/member-directory/find-a-lawyer. Once
on the search page, you can select to search by practice area(s). Attorney
members self-identify their practice areas. Possible practice-area search terms
relevant to farm transfer include “agriculture,” “elder law,” “estate
planning-trusts, wills” and “estate/probate.”
Not
all Minnesotan attorneys that practice in the area of agricultural, estate
planning, or elder law have self-selected into the professional organizations
listed above. There are many skilled legal professionals and law firms that do
not appear on the searchable lists referenced. To find additional attorneys in
your area, you may wish to ask for attorney recommendations from trusted agribusiness
professionals you work with or other local farmers that have recently gone
through the farm transition process. Once you have created a short list of
possible attorneys, you may desire to “interview” a few choices to determine if
the attorney that best meets your and your farms’ needs. Preparing a written
list of questions and concerns before your first meeting can help you get the
most out of your interaction. Often initial consultation appointments do not
have a fee, but do not assume this to be the case. Ask questions (for example
about fee structures and attorney backgrounds) when setting up your
appointment(s) to avoid surprises later.
In winter 2019, University of Minnesota Extension, in partnership with the Minnesota State College and University System, will hold a series of day-long workshops and multi-day retreats on farm transition and estate planning. Registration for workshops and retreats are now open. More information is available at z.umn.edu/farmtransition