Farming with verbal deals
Q: Mike has farmed with his uncle for 20 years. His uncle and aunt had no children. They had a large mixed farming operation and needed the extra help. Through the years, Mike has become much more than a hired hand and more like a farming partner, buying half shares in some of the machinery. He works six days a week, and puts in 10 or more hours a day.
Mike’s wife and three children have been patient with this arrangement. They live in town and do not see much of Mike because of his commitment to the farm and his uncle.
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Mike’s aunt has suffered from a mental illness for years, and it seems to get worse every day. All she can talk about is moving to town and doing some traveling with her husband. But this is to no avail. His uncle is near retirement age, but has no intention of leaving the farm, although it would be in his wife’s best interests.
Recently, his uncle gave Mike some choices for the future that were neither fair nor reasonable. What is Mike to do? Does he hang in there for the time being, and hope his uncle comes to his senses? Or does he walk away from something he has so much invested in, and start over?
A: Is this a legal, social or emotional problem? All of them, probably. Mike may want to consult a lawyer to find out his legal rights in this situation.
However, if most of the deals were informal and verbal, he may find out that such agreements are not fair but tend to be one-sided, favoring the person who owns the farming assets.
It is a social problem because Mike’s uncle doesn’t seem to recognize his wife’s illness and her needs as a person. Not being willing to recognize your partner’s concerns and do something to meet them is abusive. Mike’s uncle may be one of those men, much too common among older farmers, who believe they are in charge of the farm and have the right to make decisions on their own even though they affect their partner.
Angry and frustrated
It is an emotional problem because Mike, or his family, may very well feel that they are being used. I don’t know what choices his uncle gave him, but if Mike feels he is being used, he is bound to feel depressed, angry and hurt. Yes, he is vulnerable. The lack of any clear and legal understanding of his future rights with respect to the farm operation leaves him powerless.
I personally wouldn’t bet on his uncle’s attitude changing.
However, if there is someone in the community whom his uncle respects, that person might be able to act as a negotiator to help Mike and his uncle work out an arrangement that is satisfactory for them both.
The big question is what is fair, for all parties involved. And unless the uncle is willing to address that question in a spirit of openness, fairness and negotiation, it is quite possible that little or nothing can be done.
