The greatest threat to a family farm isn’t always markets, weather, or input costs. Sometimes, it’s family disagreement — and the emotions that come with it.

In this episode of Straight Talk with NDFB, the Harvesting Legal Knowledge series continues with NDFB CEO Jeffrey Missling and attorneys from Ohnstad Twichell Law Firm.

Part two of this two-part conversation focuses on what happens when farm and ranch families can’t agree on the future of the operation and it goes to partition action. When heirs or co-owners disagree, emotions often rise quickly — shaped by years of memories, identity tied to the land, and different visions for what the farm should become.

Ohnstad Twichell attorneys David Piper and Tiffany Findlay explain that while emotion is often viewed as something that clouds judgment, it can also play a meaningful role in these cases. Courts and legal outcomes don’t ignore the human element; instead, emotion often surfaces as part of the story behind why a partition action is being considered in the first place.

Whether you're involved in succession planning, expect to inherit agricultural property, or simply want to understand how shared land ownership can break down, this episode helps unpack both the legal process and the family dynamics behind it.

Links

To watch the entire episode:

Harvesting Legal Knowledge video

Contact our host, Emmery Mehlhoff at [email protected]

Disclaimer: The statements made and information provided in this podcast are for educational and informational purposes only. The statements do not constitute legal advice, nor are they intended to create an attorney-client relationship. Every situation is unique, so you should not rely on any statements in this podcast as a substitute for personalized legal counsel. Before taking action or making any decisions which may affect your legal rights and obligations, you should consult with an attorney licensed in your jurisdiction

The greatest threat to a family farm isn't always markets, weather, or input costs. Sometimes, it's family disagreement. 

In this episode of Straight Talk with NDFB, the Harvesting Legal Knowledge series continues with NDFB Executive Vice President and CEO Jeffrey Missling and attorneys from Ohnstad Twichell Law Firm.

Part one of this two-part conversation explores partition actions — the legal process that can divide or force the sale of farmland when co-owners can't agree on what happens next. 

Ohnstad Twichell attorneys David Piper and Tiffany Findlay explain what a partition action is, why these cases arise, and the circumstances that can lead family members to court. The discussion provides an overview of the legal framework behind partition actions and the challenges farm families face when inherited land becomes a source of conflict.

Whether you're involved in succession planning, expect to inherit agricultural property, or simply want to understand the legal realities of shared land ownership, this episode lays the foundation for understanding one of the most difficult issues that can challenge farm and ranch families. 

Be sure to join us for Part 2, where we'll take a closer look at the emotional side of the process and strategies for navigating these disputes.

Harvesting Legal Knowledge video

Contact us at [email protected]

The statements made and information provided in this podcast are for educational and informational purposes only. The statements do not constitute legal advice, nor are they intended to create an attorney-client relationship. Every situation is unique, so you should not rely on any statements in this podcast as a substitute for personalized legal counsel. Before taking action or making any decisions which may affect your legal rights and obligations, you should consult with an attorney licensed in your jurisdiction.

Setting up your farm entity can feel overwhelming. How do you navigate it all and make sure nothing falls through the cracks?

In this episode of Straight Talk with NDFB, the Harvesting Legal Knowledge series continues with NDFB Executive Vice President and CEO Jeffrey Missling and attorneys from Ohnstad Twichell Law Firm.

The conversation focuses on what it takes to properly set up and structure a farm or ranch entity — and why getting it right from the beginning matters. From tax liability and paperwork to meeting minutes and written agreements, the discussion highlights the key details that are often overlooked but essential to protecting the operation.

Ohnstad Twichell attorneys Casey Drege and Marshall McCullough walk through a practical checklist and planning considerations for farmers and ranchers forming or updating their business structures, emphasizing the importance of clear documentation and intentional planning.

Links 

Harvesting Legal Knowledge

Contact us at [email protected]

The statements made and information provided in this podcast are for educational and informational purposes only. The statements do not constitute legal advice, nor are they intended to create an attorney-client relationship. Every situation is unique, so you should not rely on any statements in this podcast as a substitute for personalized legal counsel. Before taking action or making any decisions which may affect your legal rights and obligations, you should consult with an attorney licensed in your jurisdiction.

Straight Talk with NDFB, the Harvesting Legal Knowledge series with NDFB Executive Vice President and CEO Jeffrey Missling and attorneys from Ohnstad Twichell Law Firm addresses real-life situations you face on your farm or ranch. 

Today's conversation features Casey Drege and Marshall McCullough of Ohnstad Twichell, and focuses on how to set your farm up for long-term success through a proper business structure. From choosing the right entity to understanding how structure affects land values, risk, and future planning, the discussion breaks down what farmers and ranchers should consider when organizing their operations.

The episode also explores how intentional planning today can support both day-to-day management and long-term goals such as growth and succession.

Links 

Harvesting Legal Knowledge

Contact us at [email protected]

The statements made and information provided in this podcast are for educational and informational purposes only. The statements do not constitute legal advice, nor are they intended to create an attorney-client relationship. Every situation is unique, so you should not rely on any statements in this podcast as a substitute for personalized legal counsel. Before taking action or making any decisions which may affect your legal rights and obligations, you should consult with an attorney licensed in your jurisdiction.

Your land is your life, but have you accounted for the risks?

In this episode of Straight Talk with NDFB, NDFB CEO Jeff Missling and attorneys from Ohnstad Twichell Law Firm continue the Harvesting Legal Knowledge series.

The discussion focuses on the real risks tied to land ownership in agriculture and why it’s critical for farmers and ranchers to understand how those risks can impact their farms and ranches, not to mention their long-term goals. The conversation also shifts to one of the most important — but often difficult — topics in farm succession: bringing the next generation into the operation.

From ownership structures and contracts to planning for transitions and protecting the land, this episode highlights why having a clear succession plan matters and how it can help families prepare for the future.

Links:

Harvesting Legal Knowledge

Contact us at [email protected]

Disclaimer: The statements made and information provided in this podcast are for educational and informational purposes only. The statements do not constitute legal advice, nor are they intended to create an attorney-client relationship. Every situation is unique, so you should not rely on any statements in this video as a substitute for personalized legal counsel. Before taking action or making any decisions which may affect your legal rights and obligations, you should consult with an attorney licensed in your jurisdiction.

What happens when the land you thought you owned is no longer your land?

Farming and ranching are tough businesses — and legal issues can make them even more complicated. That’s why this season features Harvesting Legal Knowledge, a conversation between NDFB and the Ohnstad Twichell Law Firm.

NDFB’s Executive Vice President and CEO Jeffrey Missling and the attorneys at Ohnstad Twichell break down key legal topics impacting farmers, ranchers, and ag businesses every day.

In today’s episode, Jeffrey dives into adverse possession with Tiffany Findlay and David Piper of Ohnstad Twichell — what it is, how it happens, and how to navigate complex boundary situations when every acre matters, and the importance of good neighbor communication in protecting your operation.

As always, if you have a specific legal question, be sure to consult an attorney who can address your situation.

Let’s get into the episode.

Links: 

Harvesting Legal Knowledge (Adverse possession starts at the 14:07 mark)

Contact us at [email protected]

Disclaimer: The statements made and information provided in this podcast are for educational and informational purposes only. The statements do not constitute legal advice, nor are they intended to create an attorney-client relationship. Every situation is unique, so you should not rely on any statements in this video as a substitute for personalized legal counsel. Before taking action or making any decisions which may affect your legal rights and obligations, you should consult with an attorney licensed in your jurisdiction.

Merry Christmas to all from Straight Talk with NDFB! Our final episode of our "Best Of" season was originally released on December 20, 2023. Hosts Emmery Mehlhoff and Alisha Nord visited with Courtney Lesmeister, part-owner of Wayne-N-Jean's Evergreens. 

Courtney, a friend of Alisha's, married into a family-owned and operated tree farm when she married Lloyd Lesmeister, son of Wayne and Jean, the owners of Wayne-N-Jean's Evergreens. Courtney now works on the family tree farm along with Wayne and Jean, Lloyd, and two children.

Although the farm sells trees year-round, Wayne-N-Jeans is best known for its cut-your-own and pre-cut Christmas tree sales, wreaths, and gift shop. 

From the middle of November to Christmas Eve, Wayne-N-Jean's Evergreens is open to the public, allowing them to choose and cut down a Christmas Tree. The farm hosts several Christmas events, including a visit from Santa Claus, the Grinch, Ladies Day, and much more! 

To find Wayne-N-Jean's Evergreens, visit

https://www.wjevergreens.com or find them on Facebook https://www.facebook.com/profile.php?id=100064651511013 . 

To contact Straight Talk with NDFB, email [email protected] 

In this "Best Of" season of Straight Talk, we travel back to Season 3, episode 9, as our hosts, siblings Emmery and Ezra, drive to Carrington to visit with the van Bedaf siblings, Piet and Maartje, and learn more about the family's dairy farm and creamery.

Tune in as they talk about:

• The history of the farm and why Carrington, N.D.
• The importance of animal agriculture to North Dakota
• Building relationships with the community as the key to successful diversification
• Managing businesses, large or small
• Finding true joy and fulfillment in your work

Links

Piet van Bedaf’s Youtube channel

Maartje’s Cows & Co. Creamery

Email Emmery at [email protected]

Like what you’re hearing? Become a member of NDFB! 

In this "Best of" season of Straight Talk, we step back to Season 7, episode 15 as hosts Emmery Mehlhoff and Alisha Nord travel to Wimbledon, N.D., to visit with Matt and Bethany Peterson, owners of Aligned Ag. 

Aligned Ag offers precision ag services, crop protection, soil sampling services and sells Pioneer seed to the Wimbledon and surrounding areas. 

Matt and Bethany began growing their business in 2021, and Bethany recently left her job at BASF to work full-time in the business. 

In today’s episode, we talk about: 

• How precision ag and profitability go hand in hand 
• Working together as husband and wife 
• How to start a business from the ground up 

To contact Matt and Bethany at Aligned Ag, call 701-425-2100 or visit them at their location west of Wimbledon. 

Contact Emmery and Alisha, email [email protected]

Matt and Bethany are also finishing their term on the NDFB YF&R Committee. Learn more about NDFB's YF&R program.

This Best of Straight Talk episode is from November 2021, when Emmery and her brother, Ezra, interviewed Dallas Mount, owner of Ranch Management Consultants, the company behind Ranching for Profit seminars.

The episode focuses on what people who take the Ranching for Profit seminars learn, including why profit is more important than productivity.

At the heart of the seminars are three strategies that farmers and ranchers need to consider to be successful. Learn more about them in this episode.

To learn more about Ranching for Profit, visit About Us - Ranching For Profit.

Ranching for Profit can also be found on Facebook at Ranching4Profit

To get in touch with Emmery, please email [email protected]