Trust Administration

When a Trustee Passes Away

Trust settlement, successor trustee guidance, and beneficiary distributions — handled with the care farm families expect.

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No obligation. No hourly billing. Tell us about the trust and we will reach out.

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You’re the Successor Trustee. Now What?

If your parent or family member had a Revocable Living Trust, the good news is that the probate court process is likely unnecessary. The bad news is that you — as the named successor trustee — now have legal obligations that can feel just as overwhelming.

As successor trustee, you are legally required to notify beneficiaries, inventory assets, pay debts, file tax returns, manage the farm during the transition period, and ultimately distribute assets according to the trust’s terms. You are personally liable if you make mistakes.

Most successor trustees have never done this before. They don’t know what legal notices are required, what tax returns need to be filed, or how to properly transfer title to farmland from the trust to beneficiaries.

We step in and walk you through the entire process. We prepare all required notices, handle the accounting, coordinate tax filings, prepare trustee deeds, and ensure that the trust is settled correctly and completely.

assignmentTrustee Duties

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    Notify Beneficiaries
    Legal notice requirements vary by state and must be completed within specific timeframes.
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    Inventory & Accounting
    Full accounting of all trust assets, debts, and income from the date of death.
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    Tax Filings
    A new EIN is required. Fiduciary income tax returns (Form 1041) must be filed.
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    Asset Distribution
    Transfer deeds, retitle accounts, and distribute assets per the trust terms.
Kole handing trust administration binder to successor trustee

Trust Administration for Farm Estates

Administering a farm trust has unique challenges that most attorneys aren’t equipped to handle. Who manages the operation during the settlement period? Can the successor trustee sign a new cash rent lease? Should grain be sold now or held? What about the operating loan that comes due in March?

These questions require an attorney who understands both trust law and farming. We help successor trustees make informed decisions about managing the agricultural operation while simultaneously settling the trust estate.

When the trust is ready to close, we prepare trustee deeds to transfer farmland to beneficiaries, coordinate final tax filings, and provide a comprehensive closing accounting to all beneficiaries.

The Midwest Ag Law Process

We don’t do hourly billing, and we don’t hand you a stack of paper and wish you luck. Our process is designed to be transparent, thorough, and completely finished when we’re done.

1

Accept & Notify

You formally accept the role of successor trustee. We prepare and send all legally required notices to beneficiaries and, if applicable, creditors. We obtain a new EIN for the trust.

2

Inventory & Manage

We help you inventory all trust assets, determine current values, manage ongoing farm operations, and make interim decisions about grain sales, leases, and operating accounts.

3

Tax & Accounting

We coordinate with the CPA to file the decedent’s final income tax return, the trust’s fiduciary return (Form 1041), and any estate tax returns if applicable.

4

Distribute & Close

We prepare trustee deeds, retitle accounts, distribute assets per the trust terms, and provide a final accounting to all beneficiaries. The trust is then formally closed.

Trust Administration Services

Everything a successor trustee needs.

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Beneficiary Notices

We prepare and deliver all legally required notices to trust beneficiaries within the required timeframes under Nebraska and Minnesota law.

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Accounting & Tax

Full trust accounting from date of death to closing, including coordination with CPAs on fiduciary income tax returns and estate tax returns.

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Trustee Deeds & Transfers

We prepare and record trustee deeds to transfer farmland from the trust to individual beneficiaries, and retitle all other assets accordingly.

What Our Clients Say
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Sandramere Seed & Supply Co. profile picture
Sandramere Seed & Supply Co.
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Kole helped us develop HR documents and create some customer forms for our business. Kole really helps put legal language in understandable form. We really appreciate his thorough nature and ability to ask the right questions to uncover issues we had not considered. His agricultural knowledge is extremely valuable. Thanks Kole! We really appreciate you!
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James Jensen profile picture
James Jensen
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Working with Kole was easy and convenient. He answered all our questions and helped us get our trust established quickly.
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Brandon Boardman profile picture
Brandon Boardman
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Kole's personal experience and understanding in agriculture makes him a great attorney for all of your farms estate planning. He's very prompt, professional and he really cares about your needs. What a great guy.
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Mary Mollenhauer profile picture
Mary Mollenhauer
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Working with this firm feels less like hiring a lawyer and more like bringing on a strategic partner for your legacy. They truly understand the complexity of multi-generational farming operations and approach every plan with both precision and long-term vision. For families managing significant agricultural assets, this is exactly the kind of counsel you want in your corner.
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Mitch Mender profile picture
Mitch Mender
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Kole is a bright and compassionate attorney. He knows what he is doing!
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Pooja Vasudev profile picture
Pooja Vasudev
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Kole Pederson walks the walk and talks the talk! As a former aerial applicator, he has fully lived the agricultural life so he is qualified to assist farmers, ranchers, and agricultural business owners with their estate planning/probate, business law, and real estate legal needs. Kole is diligent, resilient, and down to earth with a genuine commitment to help clients. In this day and age, when everything has become less tangible and very technological - Kole is the kind of attorney agricultural folks can benefit from having on their side!
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Matt Snoberger profile picture
Matt Snoberger
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Kole was easy to work with and has vast knowledge of agriculture and a lot of common sense. One of the easiest people I’ve ever worked with.
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Flynn Baker profile picture
Flynn Baker
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I have worked with Kole on a legislative and policy committee for a non profit organization. Kole's input was incredibly valuable; especially navigating legal jargon and procedures as well as his attention to detail and timeliness. I am glad to have worked with him and trust his recommendations and actions in legal matters.
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Becky profile picture
Becky
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I was doing an online search for an attorney and ran across Midwest Ag Law. I called and Mr. Pederson actually answered the phone himself, which Never happens these days! Unfortunately, he doesn't do Guardianship cases, but was very kind and went out of his way to give me some referrals!
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Curt Friesen profile picture
Curt Friesen
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Legal work made simple. Very professional firm that delivered everything I needed, when I needed it, and at a reasonable price. Great to work with and will use them again.
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Frequently Asked Questions

Is trust administration the same as probate?expand_more
No. Trust administration is a private process that does not go through the courts. It’s typically faster and less expensive than probate. However, the successor trustee still has legal obligations that must be followed.
Do I need a lawyer to administer a trust?expand_more
It is not legally required, but it is strongly recommended. Successor trustees are personally liable for mistakes. An attorney ensures you meet all legal requirements, file proper tax returns, and distribute assets correctly.
How long does trust administration take?expand_more
Typically 3 to 9 months for a straightforward farm trust. Complex trusts with multiple beneficiaries, ongoing farm operations, or tax complications may take longer.
What if the trust wasn’t fully funded?expand_more
If some assets were left outside the trust (in the decedent’s personal name), those specific assets may need to go through probate via a pour-over will. The rest of the trust estate is administered privately. We handle both processes simultaneously.

Named as Successor Trustee?

If you’ve just been thrust into the role of successor trustee, we can help. Schedule a free consultation and we’ll walk you through exactly what needs to happen.