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When a farm family sells land that has been held for decades, the capital gains tax can be massive. Combined federal and state taxes on a sale of appreciated farmland can take a significant share of the gain.
A 1031 Exchange allows you to defer that entire tax bill by reinvesting the proceeds into replacement property. The key word is “defer” — the tax is not eliminated, but with proper estate planning, it can potentially be eliminated at death through stepped-up basis.
A 721 Exchange allows you to contribute appreciated farmland into a REIT in exchange for operating partnership units — providing tax deferral, diversification, and passive income.
Both types have strict IRS requirements, including the 45-day identification period and 180-day closing deadline. Missing these deadlines means the exchange fails and the full tax is owed. As part of our comprehensive farm real estate practice, we coordinate every step to ensure compliance.

Here’s where 1031 exchanges and estate planning intersect powerfully. When you do a 1031 exchange, the deferred gain carries forward to the replacement property. You owe that tax if you ever sell the replacement property without doing another exchange.
But here’s the key: if you hold the replacement property until death, your heirs receive a stepped-up basis — meaning the property’s tax basis resets to its fair market value at the date of death. The deferred gain is never taxed. It disappears.
This means a properly planned series of 1031 exchanges, combined with a trust-based estate plan, can result in generational farmland transfers with zero capital gains tax — completely legally.
We coordinate 1031 exchanges with your broader estate plan to achieve maximum tax efficiency across generations.
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.
Before listing the property, we structure the transaction as a 1031 exchange. We select a Qualified Intermediary and set up the exchange agreement.
The relinquished property closes and proceeds go to the QI — never to you. Within 45 days, we help you identify replacement properties in writing.
We coordinate the purchase of replacement property within the 180-day deadline. We ensure all documentation is proper and the exchange is complete.
Tax-deferred transactions for farmland.
We guide you through the entire exchange — from structuring the sale to closing within the 180-day deadline.
For landowners who want to diversify out of farmland into a REIT while deferring capital gains.
We coordinate with your CPA to track basis, calculate deferred gains, and ensure the tax reporting is handled correctly.
Posted on Google Sandramere Seed & Supply Co.Trustindex verifies that the original source of the review is Google. 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!Posted on Google James JensenTrustindex verifies that the original source of the review is Google. Working with Kole was easy and convenient. He answered all our questions and helped us get our trust established quickly.Posted on Google Brandon BoardmanTrustindex verifies that the original source of the review is Google. 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.Posted on Google Mary MollenhauerTrustindex verifies that the original source of the review is Google. 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.Posted on Google Mitch MenderTrustindex verifies that the original source of the review is Google. Kole is a bright and compassionate attorney. He knows what he is doing!Posted on Google Pooja VasudevTrustindex verifies that the original source of the review is Google. 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!Posted on Google Matt SnobergerTrustindex verifies that the original source of the review is Google. 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.Posted on Google Flynn BakerTrustindex verifies that the original source of the review is Google. 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.Posted on Google BeckyTrustindex verifies that the original source of the review is Google. 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!Posted on Google Curt FriesenTrustindex verifies that the original source of the review is Google. 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.Verified by TrustindexTrustindex verified badge is the Universal Symbol of Trust. Only the greatest companies can get the verified badge who has a review score above 4.5, based on customer reviews over the past 12 months. Read more
If you’re considering a sale, talk to us first. A properly structured exchange could save your family hundreds of thousands in taxes. Free consultation.
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