Nebraska Farm Succession

Nebraska Farm Succession Planning

Keep the farm in the family and keep the family together. Flat-fee succession plans for Nebraska farm and ranch families.

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The short answer

Farm succession planning decides who will own the land, who will run the operation, and how the next generation takes over. A good plan keeps the farm whole for the child who farms while staying fair to the ones who don’t. It also plans for taxes, nursing home costs, and the timing of the handoff.

Is this you?

  • “Our son farms with us. Our daughters live in town. How do we treat them all fairly?”
  • “If we split the land equally, the farming kid can’t afford to buy the others out.”
  • “We want to slow down, but we haven’t talked about who takes over.”
  • “No family member wants to farm. We want the land to stay in good hands.”
  • “We’ve worked with a nephew for years. We want him to have a shot at the farm.”

The fairness problem, and three common fixes

Fair doesn’t always mean equal. Splitting land four ways often forces a sale, because the farming child can’t buy out the rest. Here are three tools families use, often together.

  1. Split the land from the operation. The farming child owns and runs the machinery, grain, and livestock. The land goes into an LLC or trust that all the children share. The farming child rents the land at a fair rate.
  2. Buy-sell over time. A written agreement lets the farming child buy out siblings at a set price or formula, paid over years the farm can afford.
  3. Even it out with other assets. Life insurance or other savings go to the non-farming children so the land can stay together.

What Nebraska law means for your plan

Who takes over changes the inheritance tax. Children and grandchildren pay 1% over $100,000 each. A niece or nephew pays 11% over $40,000. A hired man or other non-relative pays 15% over $25,000. A successor who isn’t a child needs extra planning. See our Nebraska Inheritance Tax Guide.

Gifts and inheritance are taxed differently. Land you give away during life keeps your old tax basis. Land passed at death usually gets a new basis at its value then. If your kids ever sell, that difference can mean a big capital gains bill. Gifts made in the last three years of life can also still face Nebraska inheritance tax.

Nebraska rewards renting to a beginning farmer. Under the Beginning Farmer Tax Credit Act (NextGen), a landowner who rents to a qualified beginning farmer can get a refundable state tax credit. It’s 10% of cash rent, or 15% of share rent, each year for three years, on a lease of at least three years. A relative can qualify if the parties meet the program’s succession plan rules. Applications are due November 1. Source: nextgen.nebraska.gov

Nursing home costs can derail a plan. Medicaid looks back five years at gifts. Moving land to the next generation without planning for that can backfire. See Elder Law and Medicaid Planning.

A handshake lease can get in the way. A verbal farm lease in Nebraska runs from March 1, and ending it takes notice by September 1. Put the family lease in writing as part of the plan. See Farm Real Estate and Leases.

What your plan can include

  • A written succession plan with a timeline for the handoff
  • An LLC or other entity to hold land, with a clear operating agreement
  • A separate operating entity for the farm business
  • Buy-sell terms with a price formula and payment schedule
  • Written family leases at fair rent
  • Trusts, wills, and powers of attorney that match the plan
  • Life insurance planning with your agent to even out shares
  • Coordination with your CPA, lender, and financial advisor

Flat fees, no surprises

Every succession 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.
  2. Family planning meeting. By video, we walk through the options with the people involved.
  3. Your flat-fee quote. One price for the full plan.
  4. We draft and explain. Every document in plain words, until it makes sense to everyone.
  5. Signing at your kitchen table. We come to you anywhere in Nebraska. If travel adds cost, you’ll know before you book.

Where we serve

We serve farm and ranch families in every Nebraska county. 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 knows the real questions: who runs the combine, who pays the rent, and how the books work. His Bachelor of Science from the University of Minnesota has four majors: Agronomy, Agricultural Business, Agricultural Systems Management, and Aviation. He holds a JD/MBA from Drake University Law School and is licensed in Nebraska and Minnesota. About Kole

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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
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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
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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
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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
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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
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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

How do I treat my kids fairly if only one farms?

Fair doesn’t have to mean equal. Many families keep the land together and balance shares with life insurance, other assets, or a buyout plan. We help you find a mix that fits your family.

When should we start succession planning?

Now. The best plans start five to ten years before the handoff. That gives time for the Medicaid look-back, tax planning, and a gradual transition.

Should our land go in an LLC?

Often, but not always. An LLC can keep land together and set rules for who can sell. It also adds paperwork and can change taxes. See Farm Business Law.

What if no one in the family wants to farm?

You can still keep the land in the family and rent it out. Renting to a beginning farmer may also earn you a Nebraska tax credit.

What if our family doesn’t agree?

That’s common. We can help the family talk it through and write down what’s agreed. If a real dispute starts, we can serve as a mediator or help you find one.

Next steps

Related pages: Nebraska Farm Estate Planning · Farm Business Law · Nebraska Inheritance Tax Guide · Elder Law and Medicaid Planning

Ready to start the conversation? Book a free 30-minute call. We’ll help your family take the first step.

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