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Authored by: Carl Zulauf, Seungki Lee, and David Marrison, Ohio State University, May 2025

Click here for PDF version of this paper

This paper provides estimates of expected payments by the ARC-CO (Agriculture Risk Coverage – County version) and PLC (Price Loss Coverage) commodity programs for the 2024 crop year. 

Official payment rates are expected in October 2025.  They can deviate notably from estimates as final prices and yields are yet known.  Prices and yields, particularly for ARC-CO, are in a range where small changes can cause large changes in payment rates.  Use the estimates with caution.

The estimates use 2024 crop year program parameters from USDA, FSA (US Department of Agriculture, Farm Service Agency), and latest available data for 2024 market year price estimates from USDA, FSA and county yield estimates from USDA, NASS (National Agricultural Statistics Service).

May 2025 Estimates of 2024 Crop Year Payments:

  1. ARC-CO:  Ohio corn and soybean payments are expected for at least some counties.  As a revenue program, ARC-CO payment calculations include yield.  2024 Ohio weather was highly variable.  Yields and thus county payment rates will be variable.  Some counties have irrigated and non-irrigated base acres.  Payment estimates are calculated only for non-irrigated base since dryland production is far more common in Ohio.  Payment estimates per base acre vary from $0 (21 counties) to $90 (Greene) for corn base and from $0 (13 counties) to $58 (Fairfield) for soybean base (see appended maps).  These estimates include the 85% payment factor (i.e. 15% payment reduction factor).  No estimate is available for corn and soybeans in 24 and 15 counties.  A common reason is that too few farmers in the county responded to the NASS survey to estimate yield with statistical confidence.  County NASS yields are not available for wheat.  Also appended are maps of county gross revenue (estimated price times estimated yield) plus estimated ARC-CO pay rate per acre.  They illustrate that ARC-CO payments are countercyclical to low market revenue (correlation between total revenue and ARC-CO pay rate is roughly -0.30).  Higher revenue/yields are almost always preferred to an ARC-CO payment.
  2. PLC:  At present, no PLC payments are expected for corn, soybeans, and wheat as the current estimate of US market year price is not below the effective reference price:  corn ($4.35 vs. $4.01), soybeans ($9.95 vs. $9.26), and wheat ($5.50 vs. $5.50).

Commodity Program Policy Objective:

  1. ARC-CO provides assistance if a crop’s county market revenue is below 86% of a crop’s county benchmark market revenue for 5 recent crop years.
  2. PLC provides assistance if a crop’s US market year price is below 100% of the crop’s US effective reference price set by Congress. 
  3. ARC-IC provides assistance if an ARC-IC farm’s average per acre revenue from all program crops is below 86% of the ARC-IC farm’s per acre benchmark revenue.

Payment Formulas:

ARC-CO payment rate per base acre = MAX [$0, or 86% times (county benchmark revenue minus observed revenue) times a farm’s PLC base yield times 85% payment reduction factor].  County benchmark revenue = (5-crop year Olympic average (high and low values removed) of recent US market year prices times 5-crop year Olympic average of recent trend-adjusted county yields).  Observed revenue = observed US crop year price times observed county yield.  ARC-CO payment rate is capped at 10% of county benchmark revenue.

PLC payment rate per base acre = MAX [$0, or (US effective reference price – US market year price) times a farm’s PLC base yield times 85% payment reduction factor].

ARC_CORN

 

Soybean ARC

 

Corn Revenue

 

 

Soybean Revenue

 

 

 

Posted In: Business and Financial
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Legal Groundwork
By: Robert Moore, Thursday, May 08th, 2025

Not long ago, an official looking letter arrived addressed to my deceased father. Inside was a message from “Attorney Patterson” stating that a man named Nicholas Moore had died in Canada. No heirs. No next of kin. But, conveniently, a $10 million life insurance policy just waiting to be claimed.

The letter was vague on details and how my family was related to Nicholas Moore was even more ambiguous. But “Mr. Patterson’s” letter was optimistic, and the proposition was simple: if I agreed to pose as a relative, we’d split the payout 50/50. It was a win/win proposition, we would both receive half of the unclaimed life insurance policy.

My branch of the Moore family tree is pretty small so I was quite sure I was not related to Nicholas Moore of Ontario, Canada.  Furthermore, I am not in the habit of replying to Canadian estate lawyers who contact me out of the blue regarding long lost relatives. But curiosity got the better of me. I sent an email to “Attorney Patterson” — not because I believed any part of the story, but because I wanted to see how this scam was played.

The email response did not disappoint. I was assured that this was all legitimate, there was no risk to me, and my “partner” would do all the work. All that was required of me was my full name, address, occupation, marital status, and age.  Of course, it was very important that I keep this all a secret. 

I knew what was coming in the next email - requests for funds to pay for filing fees, expenses and other costs required to collect the $10 million insurance policy, so I ended my email exchange with “Mr. Patterson”.  Still, this scam did get me thinking about some real issues with life insurance policies.

How Life Insurance Policies Really Work

In the real world, life insurance is not handled by sketchy attorneys with gmail addresses probably working from a dimly lit basement. Life insurance companies are a suspicious group, and rightly so.  Before any money goes out, they require two things: proof that the insured has indeed passed away, and confirmation that the person asking for the money is the one actually listed as the beneficiary. That’s it, no exceptions.  Ask anyone who has made a death benefit claim to a life insurance company, they can attest that it is a deliberate, formal process and the insurance company will not send funds until all I’s are dotted and T’s are crossed.  “Attorney Patterson” will be disappointed that his scam will not work.

Due to the inflexible nature of life insurance policies, it is very important to make sure that each life insurance policy has up-to-date beneficiaries.  Parents who forgot to add their second child to their life insurance policy would be disappointed to find that that their first child will receive the entire payout from the policy.  Life insurance companies will not make exceptions for “I meant to” or “I should have”.  Make sure that every person you want to receive the death benefit is identified as a beneficiary.

Life insurance policies will typically allow for contingent beneficiaries.  A contingent beneficiary will receive the death benefit if the primary beneficiary dies before the insured dies and the policy pays out.  It is important to have a contingent beneficiary for each primary beneficiary.

If there are no beneficiaries or all primary and contingent beneficiaries have died, the death benefit will be paid to the insured’s estate.  Then, the will or laws of the state will direct how the death benefit proceeds are distributed.  The death benefit proceeds will be treated just like any other asset in the estate.  The probate process will require verification of all heirs of the estate before the funds are released.  “Attorney Patterson” will be further disappointed to learn that probate court is also scam-resistant.

 Useful Tips for Life Insurance Policy

The following tips may not be as exciting as discovering you are the long-lost heir of a $10 million insurance policy, but they are useful for any life insurance policies you may own:

  • Locate the policy and check the primary and contingent beneficiaries. Are they current? Alive? People you still like?  If you cannot find the policy, contact the life insurance company or your insurance/financial advisor.  It is relatively easy to add or change beneficiaries.
  • Determine the cash value (if any), death benefit, premium and any other relevant information you may need for the policy.  Do these numbers still match the goals of your estate plan?
  • Tell someone you have a life insurance policy. This can be a spouse, child, executor, or trusted advisor. Life insurance companies do not contact you to start a death benefit claim, someone must contact them.  There are life insurance policies that never get claimed because no one knows to file a claim.

A Scam’s Silver Lining

Even with scams, there is something we can learn.  “Attorney Patterson’s” letter reminds us to keep our life insurance policies up-to-date so we don’t have to search across international borders for heirs.  If you haven’t reviewed your life insurance policy for a few years, pull out the policy and review its terms and beneficiaries.  If you can’t find the policy or are confused about some of its terms, contact your insurance agent or financial advisor.  They will be able to explain your policy to you in a brief conversation.  Keeping your life insurance policy current and accurate will make life much simpler for the beneficiaries of your policy.

Posted In: Estate and Transition Planning
Tags: Life Insurance
Comments: 0
Save the Date announcement for the Agri-Law Summit
By: Peggy Kirk Hall, Wednesday, May 07th, 2025

Final plans are underway for the first annual "Agri-Law Summit," co-hosted by our OSU Agricultural & Resource Law Program and the Ohio State Bar Association Agricultural Law Committee. The day-long continuing legal education program will be Thursday, August 14, 2025, at the Retreat 21 Venue and Taphouse near Marysville, Ohio.  

"Growing Our Competency in Counseling Agriculture" is the theme for the event, reflecting the goal of building expertise among the attorneys who work with agricultural businesses.  The conference will begin with a focus on emerging issues for agriculture, featuring discussions with Tracy Intihar, Assistant Director of the Ohio Department of Agriculture and Harrison Pittman, Director of the National Agricultural Law Center.  We're finalizing speakers for additional topics on the agenda, which will include:

  • Guiding farm businesses on disaster risk mitigation
  • Legal needs for value-added businesses
  • Advising new farmland owners
  • Drafting tips for LLC operating agreements
  • Tax incentives for agricultural easements
  • Cybersecurity management

Through the Paul L. Wright Endowment in Agricultural Law at Ohio State, law students and new law graduates can receive a scholarship to attend the Agri-Law Summit at no cost.

A final agenda and registration information for the Agri-Law Summit will be available soon on the Farm Office website at farmoffice.osu.edu/agri-law-summit. 

Posted In: Legal Education
Tags: agri-law summit, legal education, CLE
Comments: 0
drone flying in blue sky
By: Peggy Kirk Hall, Wednesday, April 30th, 2025

Unidentified drones flying over property have raised many concerns recently, but new laws in Ohio may ease those concerns. The new laws aim to enhance safety, protect privacy, and align state laws with federal regulations for “unmanned aerial vehicles” (UAVs), or “drones.” Passed late last year as H.B. 77 and effective on April 9, 2025, the new laws amend Ohio’s aircraft safety laws to prohibit operating UAVs in certain ways and also address local government use and regulations for UAVs.

Legal definition of UAV

A UAV, according to the new law, is commonly referred to as a drone and is  a vehicle that does not carry a human operator, is operated without the possibility of direct human intervention from within or on the vehicle, uses aerodynamic forces to provide lift, can fly autonomously or be piloted remotely, and is either expendable or recoverable. The law clarifies that a satellite is not a UAV.

Prohibited drone operations 

The law establishes four prohibited actions by UAV operators in Ohio and sets penalties for violating the prohibitions:

  1. Knowing endangerment.  A person shall not operate a UAV “on the land or water or in the air space over this state in a manner that knowingly endangers any person or property or purposely disregards the rights or safety of others.” A violation of this provision can result in a $500 fine and/or up to six months of imprisonment.
  2. Interference with law enforcement and emergency responders.  The law prohibits operating a drone in a way that disrupts, interrupts, or impairs the operations or activities of law enforcement, fire department, or emergency medical services.  Criminal misdemeanor or felony charges are possible, depending on whether the interference was committed knowingly or the result of recklessness.
  3. Operation over critical facilities.  Two new provisions apply to “critical facilities,” which includes hospitals that receive air ambulance services; military installations; commercial distribution centers; courts, jails, and prisons; and police stations, sheriff’s offices, state highway patrol stations, and premises controlled by the bureau of criminal investigation.  The law prohibits a person from operating a drone to photograph, record, or loiter over or near a critical facility in two situations.  The first situation is operating a drone with the purpose of tampering with or destroying the facility and the second is operating a drone to further another criminal offense involving harm to a person.  Violations of these laws can lead to criminal misdemeanor and felony charges, depending on the operator’s intent and whether the action is a repeated violation.
  4. Compliance with federal law.  The new law ties into federal law and regulations that require registration of UAVs and licensing for certain UAV operators.  Ohio law prohibits a person from operating a UAV in Ohio if those federal laws or FAA regulations would prohibit the operation, which allows the state to enforce the federal law requirements.

Local governments and drones

Another provision of the new law provides authority to municipalities, counties, townships, and park districts.  These local governments can now adopt local ordinances or regulations for UAVs in two situations: for hobby or recreational uses of drones above a park or other public property and for the use and operation of drones by the local government.

What do the new laws mean for agriculture?  The laws place new responsibilities on drone operators to use drones responsibly and for legitimate purposes while providing remedies for those whose safety or privacy are endangered by drone operations.  In those situations, a person should contact local law enforcement. Federal law requires registration and “Remote ID” tracking technology for UAVs, which can allow identification of the drone operator from an on-the-ground transmitter.  With the new laws, there are now legal options for pursuing enforcement against bad actors.  Local governments can also now enact additional laws to ensure safe drone operation in their public areas. 

What the laws don’t do is authorize the “shooting down” of suspicious drones. It is a federal crime to shoot or intentionally harm a drone, even if the drone is flying over someone’s private property. Shooting a drone from the sky can also create safety risks and potential civil liability. Read more about options for dealing with suspicious drone activity in our  previous blog post.

Information about House Bill 77 is available on the Ohio General Assembly’s website.

 

Posted In: Drones, Property
Tags: drone, uav
Comments: 0
Legal Groundwork
By: Robert Moore, Wednesday, April 23rd, 2025

The federal estate tax exemption is set to drop dramatically in 2026—from $13.99 million in 2025 to an estimated $7–$7.5 million per person. For some farm families, this shift could result in significant estate tax exposure. While most estates won’t exceed the new limit, some farmers, especially those with high-value farmland or appreciating assets, will find themselves suddenly at risk of federal estate taxes.

Gifting is one strategy to reduce the size of your taxable estate, but it’s not always simple or risk-free. Let’s explore when gifting can help, when it might not, and what to watch out for.

Two Types of Gifts

There are two main gifting categories under federal law:

  • Annual Exclusion Gifts – In 2025, you can gift up to $19,000 per recipient ($38,000 for couples) annually without using any of your lifetime exemption.
  • Lifetime Credit Gifts – Larger gifts are allowed, but they reduce your lifetime estate tax exemption.  The lifetime estate tax exemption is the amount of wealth that the IRS exempts from estate taxes.  The exemption can be used at death, gifted away during life, or a combination of the two.

Example: If a parent gifts a $1,019,000 farm to a child, the first $19,000 is exempt from taxes and does not reduce the parent’s estate tax exemption.  The remaining $1,000,000 reduces the parent’s lifetime estate tax exemption from $13.99 million to $12.99 million.

Gifting Strategies That Work

1. Annual Exclusion Gifts

If you're just slightly over the expected 2026 exemption, annual gifts can move you back under the limit.

Example: A grandparent with 10 grandchildren can gift $190,000 per year. Over 2 years, that’s $380,000—enough to reduce a modest estate and eliminate taxes.

But for high-net-worth individuals, $19,000 per person may be too little to make a significant impact.

2. Lifetime Gifts of Appreciating Assets

Large gifts don’t directly reduce estate tax liability (since they reduce your exemption), but they remove future appreciation from your estate.

Example: If you gift farmland worth $1M that later appreciates to $3M, only $1M is deducted from your estate tax exemption — the $2M in appreciation escapes estate taxation entirely.

Potential Downsides of Gifting

  • No Stepped-Up Basis.  Gifting assets during life means recipients take your original tax basis, not the stepped-up value at death—potentially increasing future capital gains taxes.
  • Loss of Control & Income.  You must fully give up ownership and control. Gifting income-producing property could impact your financial security.
  • Risk of Financial Mismanagement.  If a gifted asset is lost to debt, lawsuits, or divorce, it's gone. One solution? Use an irrevocable trust to hold the gift—this protects assets while still benefiting your heirs.

Another Strategy: Pay Directly for Education & Medical Expenses

The IRS allows unlimited direct payments of tuition or medical bills without using your exemption. But payments must go straight to the provider, not to the individual.

Example: Grandpa has a $9 million estate and wants to reduce its size before the federal estate tax exemption drops in 2026. He has four grandchildren in college and a daughter who recently underwent surgery.

Grandpa pays the following directly:

  • $20,000 in tuition for each grandchild (4 x $20,000 = $80,000) directly to their universities
  • $25,000 in hospital bills paid  directly to the hospital for his daughter

Total Reduction in Taxable Estate: $105,000

Impact on Exemption: None—these payments do not count against Joe’s $13.99 million estate tax exemption or annual gift limit, because they qualify under the IRS educational and medical exclusions.  Grandpa could still give each of those recipients an additional $19,000 under the annual gift exclusion without any tax consequences.

Conclusion: Gift With Caution and Professional Help

Gifting can be an effective estate tax strategy—but only when used thoughtfully and with professional guidance. Consider the loss of stepped-up basis, the asset’s appreciation potential, your own financial needs, and the stability of the recipient. For some, the risks of gifting may outweigh the benefits.

With estate tax rules changing in 2026, now is the time to review your estate plan. Consult your attorney and tax advisor to determine if gifting fits your strategy—and how to do it safely.

For more information on gifting and estate taxes, see the Gifting to Reduce Federal Estate Taxes bulletin available at farmoffice.osu.edu.

Farm Office Live agenda for April 25, 2025
By: Peggy Kirk Hall, Friday, April 18th, 2025

We're preparing for another edition of our monthly webinar, Farm Office Live, on Friday, April 25 at 10 a.m.  Our featured guest this month is Dr. Margaret Jodlowski, Asst. Professor in the Dept. of Agricultural Environmental and Development Economics, who will discuss farm labor issues with us.  Our remaining agenda features the Farm Office team addressing these topics:

  • Strategies for Developing the Next Leader of Your Farm Operation - David Marrison, Farm Management Field Specialist
  • Crop Profit Outlook - Barry Ward, Production Business Management Leader
  • Farm Business Analysis Update - Clint Schroeder, Farm Business Analysis Program Manager
  • State and Federal Legislative Update - Peggy Hall, Agricultural & Resource Law Program Director
  • New Laws: Paystub Protection Act and Operation of Drones - Jeff Lewis, Agricultural & Resource Law/Tax Schools Attorney
  • Tax Update: Are Avian Flu Indemnifications Exempt? - Barry Ward and Jeff Lewis
  • Upcoming Events and Deadlines - David Marrison

Join in for this free webinar by registering at farmoffice.osu.edu/farmofficelive, where replays of previous webinars are also available. We hope to see you there!

 

 

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Tags: Farm Office Live
Comments: 0
Gavel in front of a paper titled "Labor Law."
By: Jeffrey K. Lewis, Esq., Tuesday, April 15th, 2025

On April 9, 2025, Ohio enacted House Bill 106, known as the Pay Stub Protection Act. This bipartisan legislation marks a meaningful step forward in promoting wage transparency and safeguarding worker rights across the state. Prior to this law, Ohio stood out as one of the few states without a mandate for employers to issue pay stubs. With its passage, the Act now ensures employees are provided with comprehensive earnings statements, bringing Ohio in line with the practices of most other states.

What the Law Requires
Under the Pay Stub Protection Act (codified in Ohio Revised Code Section 4113.14), employers are now mandated to provide each employee with a written or electronic pay statement on every regular payday. These statements must include: 

  • Employee’s name and address;  
  • Employer’s name; 
  • Total gross wages earned by the employee during the pay period; 
  • Total net wages paid to employee for the pay period; 
  • An itemized list of additions to or deductions from wages paid to the employee, with explanations; and
  • The date the employee was paid and the pay period covered by that payment. 

For hourly employees, the following three additional items are also required: 

  • Total hours worked during the pay period; 
  • Hourly wage rate; and
  • Total number of hours worked beyond 40 hours in a workweek.    

Enforcement
While the Pay Stub Protection Act brings Ohio in line with the majority of states regarding wage transparency, it differs from some by not granting employees the right to sue or seek monetary compensation for an employer’s noncompliance. If an employee does not receive a pay stub that meets the Act’s requirements, they must first submit a written request to their employer for a compliant pay stub. The employer then has 10 days to provide the required statement.

If the employer fails to respond within that timeframe, the employee may report the violation to the Ohio Department of Commerce. Should the Department find a violation, it will issue a written notice to the employer. The employer is then required to post the notice in a conspicuous location on the premises for a period of 10 days. 

Implications for Employers 
Although many employers already issue pay stubs as a matter of best practice, Ohio law now makes it a legal requirement. This change presents an opportunity for employers to review their payroll systems and make any necessary updates to ensure compliance. Employers should confirm that their pay statements contain all required information and that any third-party payroll providers are also adhering to the new standards.

A Step Toward Greater Transparency
The Pay Stub Protection Act marks a meaningful step forward for worker rights in Ohio. By requiring detailed pay statements, the law equips employees with the information necessary to confirm their earnings and promotes greater transparency and fairness in the workplace.

For additional details about the Pay Stub Protection Act and its requirements, refer to the official legislative text of House Bill 106 or visit the Ohio Department of Commerce’s website.

 

Legal Groundwork
By: Robert Moore, Friday, April 11th, 2025

I recently received this question from a farm family.  It’s one of the most common — and important — questions farm families ask when thinking about the future.  Long-term care (LTC) is expensive, unpredictable, and often not covered by programs like Medicare. For farmers who’ve spent a lifetime building an operation and want to pass it on, the rising costs of LTC present a real financial risk to the land, the farm business, and the legacy.  The following is a brief discussion on LTC costs and strategies.

The Growing Risk of Long-Term Care

Once upon a time, estate taxes were the biggest financial threat to the family farm. Today, that’s no longer the case. With higher federal estate tax exemptions, few farms owe estate taxes anymore. The real financial threat now? LTC costs.

LTC includes a wide range of services — from home-based personal care to skilled nursing facility stays — and most of it isn’t covered by Medicare. These services help people with chronic illness, disability, or aging-related conditions. For example, assistance with dressing, bathing, eating, or even just getting around. Care might start at home and eventually move to a facility. Costs vary by setting and service, but they add up quickly.

Here are a few important facts to help understand the implications of LTC on farming operations:

  • 69% of people over 65 will need some form of LTC.
  • Average LTC lasts 3 about years, with women needing slightly more (3.7 years) than men (2.2 years).
  • 20% of people will need care for more than 5 years — these are the “outliers” most likely to face LTC costs that can jeopardize the farm.
  • In Ohio, a year in a nursing home will cost around $100,000 or more.

For a farm couple, those numbers can double — and the risk of outliving income and savings increases.

Can the Farm Handle It?

If you’re wondering whether your operation could survive those costs, it depends on a few things:

  • Do you have income (from Social Security, retirement accounts, rent, etc.) that could help cover LTC?
  • Do you have non-farm assets, like savings or investments, to use before touching the farm?
  • Would you be considered an “outlier”, needing care for many years — and would your current planning handle that?

In most cases, a farm family can survive average LTC costs, around $180,000, without needing to sell land and other critical assets. But it’s the outliers — the 5-to-10-year nursing home stays — that pose the greatest risk. That’s where planning becomes essential.

Planning Ahead: Options for Managing LTC Risk

There’s no one-size-fits-all solution. But there are strategies that can help reduce LTC risks and protect the farm. Here's a breakdown of the most common options:

  1. Do Nothing

For some, doing nothing is a valid strategy — if you have enough income and assets to cover even the worst-case LTC costs without risking the farm. But that’s rare. Most families should at least consider other options.

  1. Gifting Assets

Giving land or assets to heirs (usually children) more than five years before applying for Medicaid can protect those assets from LTC costs. But gifting comes with trade-offs:

  • You lose control over the assets.
  • The heir receives your original tax basis, which could trigger big capital gains taxes later.
  • If you need LTC during the five-year look-back period, the gift can cause Medicaid penalties.

Gifting can be effective — but it needs to be done carefully, and early.

  1. Irrevocable Trusts

An irrevocable trust can protect assets while allowing some flexibility. You give up ownership and control, but the trust (managed by a trustee) holds the asset for your beneficiaries. If structured correctly and established early enough, the trust assets are shielded from LTC costs — and sometimes still qualify for a stepped-up tax basis at death.

But be warned: these trusts are complex, expensive to set up, and must be carefully maintained.

  1. Wait-and-See Approach

This strategy avoids doing anything upfront but relies on having enough income and savings to cover five years of LTC if needed. If care becomes necessary, assets are transferred and the clock starts. The gamble? If you can’t make it through the five-year penalty period, your assets might still be at risk.

  1. Self-Insurance

Some families choose to earmark a piece of the operation (a less productive farm, a savings account, etc.) to pay for care if needed. It gives flexibility and control, but it also requires discipline — and can lead to one spouse living more frugally out of fear the money won’t last.

  1. Long-Term Care Insurance

LTC insurance can cover all or part of the costs — and newer “hybrid” policies can include a life insurance component so the money isn’t lost if care isn’t needed. But these policies can be expensive and hard to qualify for, especially if you already have health issues. Still, they’re worth exploring with a good advisor.

So, What’s the Best Strategy?

The truth is, there’s no “best” option — just the best fit for your family’s goals, resources, health, and timing. Some families will mix and match strategies. Others will lean heavily on one. The important part is that you understand your risk and make intentional decisions, not default to inaction.

Talk to an Attorney and Plan Ahead

LTC is complicated. Medicaid rules, tax law, trusts, and gifting penalties are full of pitfalls. One wrong move — even with good intentions — can backfire. That’s why it’s so important to work with an attorney who understands long-term care planning and farm operations.  Also, start the conversation now. Don’t wait until a crisis hits. Planning ahead can make all the difference — for your peace of mind today, and for your farm’s future tomorrow.

For more information on LTC and the risks to farms, see Long-Term Care and the Farm, a bulletin available at farmoffice.osu.edu.

View of Ohio House of Representatives hearing room from balcony
By: Peggy Kirk Hall, Wednesday, April 09th, 2025

Proposals that would formally designate several “ag-related days” in Ohio, allow Ohio Farm Bureau to provide healthcare benefit coverage to its members, regulate imitation meat and egg products, and expand homemade food production opportunities are receiving attention in the Ohio legislature.  Here’s a summary of the bills and where they stand in the legislative process.

H.B. 65 – Agriculture Appreciation Act

The Ohio House of Representatives passed H.B. 65 on April 2, and the bill was introduced in the Senate on April 8. Sponsored by Rep. Roy Klopfenstein (R-Haviland) and Rep. Bob Peterson (R-Sabina), the act proposes the following official designations:

  • “FFA Week” as the week ending with the last Saturday in February.
  • “4-H Week” as the week ending with the second Saturday of March.
  • “Agriculture Day” on March 21.
  • "National Farmers Market Week" as the first full week of August.
  • “Ohio Stormwater Awareness Week” as the first week of October.
  • “Farmer’s Day” on October 12.
  • “Ohio Soil Health Week” as the second full week of November, to celebrate and raise awareness for the importance of soil health and in honor of the birthday of soil pioneer and advocate David Brandt.

Readers might recognize some of H.B. 65’s proposed designations, and that would be because a similar bill nearly passed the legislature last year.  A last minute amendment in the Senate prevented the proposal from making it through the General Assembly before December 31, 2024, however.

S.B. 100 and H.B. 99 – Exemption from insurance regulations for nonprofit agricultural membership organizations

Identical bills that would exempt healthcare benefits offered by “nonprofit agricultural membership organizations” from insurance regulations has passed the Senate and is moving through the House Insurance Committee, despite opposition from a number of health care advocacy groups.  H.B. 99, sponsored by Rep. Bob Peterson (R-Sabina) and S.B. 100, sponsored by Sen. Susan Manchester (R-Waynesfield) would define a “nonprofit agricultural membership organization” as an organization that was incorporated in Ohio on or before December 31, 1919 to promote the interests of farms and that provides contractual healthcare benefit coverage exclusively with members of the organization and their families. Healthcare benefit coverage provided by such an organization, according to the proposal, is not “insurance” and is not subject to insurance regulations. The bill would also allow the nonprofit organizations to assume or reinsure the risks arising out of healthcare benefit coverage with a company authorized to provide insurance in Ohio. Opponents who testified in the bill’s third hearing before the House Insurance Committee on April 8 fear the legislation would allow discrimination against persons with pre-existing conditions. 

H.B. 10 – Imitation Meat and Egg Products

A bill that would prohibit the sale of foods that are “misbranded” as a meat or egg product has received two hearings before the House Agriculture Committee.  Sponsored by Rep. Roy Klopfenstein (R-Haviland) and Rep. Jack Daniels (R-New Franklin), H.B. 10 defines “misbranded” meat and egg products as those that: contain manufactured-protein food products or fabricated-egg products, are offered for sale by a food processing establishment, and have a package label that includes certain “meat” or “egg” terms.  A food processing establishment that sells misbranded meat and egg products would be subject to a penalty of up to $10,000 per day.  The bill would also require Ohio agencies to request a USDA exemption of cultivated-protein food products and fabricated-egg products from eligibility under SNAP and WIC food programs and would require Ohio school districts and state institutions of higher education to adopt policies preventing the purchase of cultivated-protein food products or foods misbranded as meat or egg products. Several agricultural organizations testified in support of the bill in its second hearing on April 2, 2025.

H.B. 134 - Microenterprise home kitchen operations

A bi-partisan bill would add Ohio to the small but growing list of states that have adopted “food freedom laws” to loosen regulations on the sale of homemade foods.  Sponsored by Rep. Jennifer Gross (R-West Chester) and Rep. Latyna Humphrey (D-Columbus), H.B. 134 would create a new “microenterprise home kitchen operation” registration that would broaden the types of foods a person could produce at home and sell directly to customers. Ohio law currently allows a person to sell certain “cottage foods” and “home bakery” foods with minimal regulation but requires producers of other foods to   produce the foods in a commercial kitchen and operate under state and local food licenses.  H.B. 134 would remove those requirements and allow a registered microenterprise home kitchen operation to produce and sell any homemade foods (except those containing alcohol or drugs), including items such as canned goods and hot meals.  The annual $25 registration would require an inspection by the Ohio Department of Agriculture to ensure the microenterprise home kitchen operation meets requirements in the law regarding operations, food safety, storage and preparation, and sales and delivery of the food.  H.B. 134 received its second hearing before the House Agriculture Committee today, April 9, with two proponents testifying in support of the bill.

Legal Groundwork
By: Robert Moore, Wednesday, March 26th, 2025

Farm transition planning is an essential process for agricultural operations. However, identifying and tracking assets and resources and preparing for transition planning can present significant challenges for farm families. To assist with these tasks, Ohio State University Extension has developed the Farm Asset and Resource Management Spreadsheet (FARMS), designed to provide a structured approach to organizing farm transition information.

What is FARMS?

FARMS is an Excel-based resource designed to support farm families and agricultural professionals in collecting and systematically organizing all necessary information related to farm transition planning. Whether at the preliminary stage or already engaged in detailed succession planning, FARMS enables users to input and manage varying levels of data effectively.  See example screenshots below for further explanation.

What Information Does FARMS Collect?

Farms collects all the following information:

  • Family and beneficiary names and contact information
  • Bank accounts
  • Financial Accounts
  • Life Insurance
  • Business Entities
  • Real Estate
  • Personal Property
  • Farm Property
  • Debt information
  • Designations for executor, trustee, power of attorney, guardian

What Does Farms Do with the Collected Information?

FARMS uses the information provided by the user to do the following:

  • Help ensure assets are titled to avoid probate
  • Determine net worth and value of estate
  • Calculate estate tax liability
  • Allocate assets and net worth between spouses
  • Allocate assets among beneficiaries to determine how much each beneficiary will receive from the transition plan
  • Provide information that will be needed to complete wills, trusts and power of attorney documents.

How to Use FARMS?

Given its foundation in Excel, users should possess at least a basic familiarity with spreadsheet navigation. Training videos are available on YouTube to assist new users with becoming familiar with FARMS, explaining how to enter data and use the summary and analysis functions.  A link to the training videos is provided below. Additionally, OSU Extension occasionally provides training sessions for potential users.  It is recommended to review the training videos or attend a training session before using FARMS.

Who Should Use FARMS?

FARMS is suited for anyone involved in the farm transition planning process, from family members beginning their farm transition plan to professional advisors engaged in developing detailed transition strategies for clients.

Accessing FARMS

To begin using FARMS, interested users can download the file at the link provided below.  We request users complete an initial, short survey prior to downloading FARMS, as user feedback is important to the ongoing improvement of the spreadsheet.  FARMS is available at no cost due to the financial support of key partners including North Central Extension Risk Management Education and the National Agricultural Law Center.

Conclusion

FARMS offers a structured, organized approach to farm transition planning, allowing farm families and professionals to collect comprehensive, accurate information.  For additional information and to begin utilizing FARMS, visit Ohiofarmoffice.osu.edu and discover how FARMS can positively impact your farm’s transition planning efforts.

Links for FARMS

Training Videos are available here: https://www.youtube.com/@osufarmoffice

FARMS can be downloaded here: https://farmoffice.osu.edu/farmsspreadsheet

 

Upcoming FARMS Online Training Courses

Click on registration link to register for the course.

April 7 @ 10:00 am:   https://osu.zoom.us/meeting/register/oJmnwm-VQx6XjqvBh7J0aA

April 16 @ 10:00 am:  https://osu.zoom.us/meeting/register/iY9cLoJeQwS0rUHkHr3DpA

April 23 @ 1:00 pm:  https://osu.zoom.us/meeting/register/vT_-X56FQQqBT63fKUQW4g

May 2 @ 3:00 pm:     https://osu.zoom.us/meeting/register/KmbdTjq2SryLkYNOaevp3Q

 

Example screenshots of FARMS

A screenshot of a computer screenAI-generated content may be incorrect.

This worksheet collects family and contact information.  This information is used throughout the spreadsheet for beneficiary designations, executor identification and beneficiary allocations.

 

A screenshot of a computerAI-generated content may be incorrect.

This worksheet collects all real estate information including parcel identification, value, ownership and probate status.  This information is used to avoid probate, and the values are included in the estate tax and beneficiary distribution analysis.  Note the use of client and beneficiary names retrieved from contact information worksheet.

 

A screenshot of a computerAI-generated content may be incorrect.

This worksheet collects information on up to 10 business entities.  The type of entity, tax structure, assets held in the entity, ownership information and probate status is all included. 

 

A screenshot of a computer screenAI-generated content may be incorrect.

This is the summary and analysis page.  All the information provided in the financial worksheets are pulled into this page and summarized.  The user can assess net worth and analyze potential estate tax liability.  Additionally, assets can be divided between spouses for additional estate tax analysis.  Perhaps most importantly, the assets can be allocated among the beneficiaries to visualize the distribution plan.  A running total for each beneficiary is provided.

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