Nebraska Estate Planning

Nebraska Farm Estate Planning Attorney

Wills, trusts, and powers of attorney for Nebraska farm and ranch families. All flat fees. We bring the plan to your kitchen table.

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The short answer

A Nebraska farm estate planning attorney writes the papers that say who gets your land, equipment, and savings, and who makes choices if you can’t. For farm families, that usually means a trust, a will, powers of attorney, and a plan for the farm itself. Midwest Ag Law does this for a flat fee, quoted before any work starts.

Is this you?

  • “One of our kids farms and the others don’t. We want to be fair to all of them.”
  • “Our will is 20 years old. A lot has changed since then.”
  • “We don’t want the farm stuck in court after we’re gone.”
  • “We’re worried a nursing home could take the farm.”
  • “Nobody can sign checks or sell grain if I get hurt.”
  • “We have nothing in writing, and we know we’re behind.”

If any of these sound like your family, a plan can help. The sooner it’s in place, the more choices you have.

What Nebraska law means for your plan

Nebraska has an inheritance tax. Most states don’t. Children, grandchildren, parents, brothers, and sisters pay 1% on what each person gets over $100,000. Nieces and nephews pay 11% over $40,000. Friends and other non-relatives pay 15% over $25,000. A spouse pays nothing. Neb. Rev. Stat. 77-2004 to 77-2006. Who you leave land to can change the bill a lot. See our Nebraska Inheritance Tax Guide.

A trust does not avoid the inheritance tax. It can keep the farm out of probate court, but the county still taxes what passes at death. Good planning looks at both.

Most farm families won’t owe federal estate tax. In 2026, the federal tax starts at $15 million per person. For most Nebraska families, the state inheritance tax is the one that matters.

Your power of attorney must follow Nebraska’s rules. The Nebraska Uniform Power of Attorney Act (Neb. Rev. Stat. 30-4001 and following) sets what your agent can and can’t do. A good one names who can run the farm, pay bills, and sell grain if you can’t.

Nebraska lets land pass by a transfer on death deed. It must be signed before a notary and two witnesses, then recorded within 30 days and before death (Neb. Rev. Stat. 76-3401 and following). It can be useful, but it is easy to get wrong for farm ground with more than one heir.

Medical choices take two papers. A health care power of attorney names who decides for you. A living will says what care you want at the end of life.

What your plan can include

  • Revocable living trust. Keeps land and accounts out of probate. You stay in charge while you’re alive. Learn more
  • Pour-over will. Catches anything left out of the trust and names guardians for young children.
  • Financial power of attorney. Lets a trusted person run the farm business if you can’t.
  • Health care power of attorney and living will. Your medical choices, in writing.
  • Trust funding. We retitle your land, accounts, and business interests into the trust so it works. Learn more
  • Farm succession pieces. Buy-sell terms, entity setup, and land-versus-operation splits. See Farm Succession Planning.
  • Long-term care planning. Ways to help protect the farm from nursing home costs. See Elder Law and Medicaid Planning.

Flat fees, no surprises

Every estate plan is a flat fee. You get the price in writing before we start. No hourly billing, and no bill for a quick phone call.

How it works

  1. Free 30-minute call. Tell us about your family, your land, and your goals. No cost and no pressure.
  2. Your flat-fee quote. We explain your options in plain words and give you one price.
  3. We draft your plan. We walk through every page with you by phone or video until it makes sense.
  4. Signing at your kitchen table. We come to you for the signing anywhere in Nebraska, with a notary and witnesses. If travel adds cost, you’ll know before you book.
  5. We fund the trust. We handle the deeds and paperwork so the plan actually works.

Where we serve

We serve farm and ranch families in every Nebraska county. Most of the work happens by phone, video, and mail. We meet in person for the signing.

Main office: 2308 E 5 Rd, Henderson, NE 68371.

Why families work with Kole

Kole Pederson grew up on a family farm and has more than 15 years of hands-on farm work. He still flies as an ag pilot each summer. He holds a JD/MBA from Drake University Law School, and he is licensed in Nebraska and Minnesota. He built this firm so farm families get a lawyer who knows how a farm runs. About Kole

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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
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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
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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
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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
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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

Do I need a will or a trust in Nebraska?

A will tells the court who gets what, so it still goes through probate. A funded trust lets your land and accounts pass without probate. Most farm families with land do better with a trust and a short will as a backup.

How do I make a will in Nebraska?

A Nebraska will must be in writing and signed with the right witnesses. Mistakes can make it invalid or start a family fight. We draft it, explain it, and run the signing so it’s done right.

What is a durable power of attorney?

It names a person to handle your money and business if you can’t. In Nebraska, a power of attorney keeps working if you become unable to decide for yourself, unless it says otherwise. For a farm, it should cover grain sales, loans, leases, and farm program paperwork.

Does a trust avoid Nebraska inheritance tax?

No. A trust avoids probate, but the inheritance tax still applies to what passes at death. We plan for both at the same time.

Do I have to come to your office?

No. We handle the plan by phone, video, and mail. For the signing, we come to your kitchen table.

What does a flat fee include?

Your quote lists everything: the meetings, the documents, the signing, and trust funding if you choose it. You know the full price before we begin.

How often should I update my plan?

Review it every few years, and after big changes like a death, marriage, divorce, land sale, or a new grandchild.

Next steps

Related pages: Nebraska Inheritance Tax Guide · Farm Succession Planning · Nebraska Probate · Elder Law and Medicaid Planning

Ready to get your plan in writing? Book a free 30-minute call with Kole. Flat fee, plain English, and we come to you for the signing.

Book a Free 30-Minute ConsultCall (816) MW-AGLAW

Last updated: October 27, 2026. This page is general information, not legal advice for your situation.