The foundation of every estate plan. Clear directives that protect your family, your farm, and your right to make your own decisions — even when you can’t speak for yourself.
A will is the most basic legal document any person can have — and yet a staggering number of farm families operate without one. Or worse, they have a will that was drafted 15 years ago, before that second quarter was purchased, before the grandchildren were born, before the operation changed entirely.
A will tells the probate court who gets what. But the documents most people forget about are the ones that matter while you’re still alive: the Financial Power of Attorney and the Healthcare Directive. If you suffer a stroke during planting season, who signs the operating note? Who sells the grain? Who makes medical decisions? Without these documents, your family is stuck petitioning a court for authority — a process that takes weeks, not hours.
At Midwest Ag Law, we draft all three documents as a package because they work together. Your will handles what happens after death. Your powers of attorney handle what happens if you’re alive but incapacitated. Together, they form a complete safety net.
We use flat-fee pricing for all estate planning documents. You know exactly what it costs before we start.
A will only takes effect after death — and it guarantees your estate goes through probate. For a farm family, that means the land, equipment, and operating accounts are tied up in court for 9-18 months.
That’s why most of our clients pair their will with a Revocable Living Trust. The will serves as a safety net (the “pour-over” will), while the trust handles the heavy lifting of asset transfer without court involvement.
But even if you choose a trust-based plan, you still need powers of attorney. The trust controls your assets; the POA controls you — your financial authority and your medical decisions. Without both, there are gaps a court will have to fill.
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.
We learn about your family, your operation, and your goals. You’ll leave this meeting understanding exactly what documents you need and what they’ll cost. No surprises.
We draft your will, powers of attorney, and healthcare directives. We review every document with you in plain English — not legal jargon — until you understand every page.
We handle the signing ceremony with proper witnesses and notarization. You walk out with original, executed documents and clear instructions on where to store them and who to inform.
Every document is custom-built for your family and farm operation — never a template.
Drafted around your assets, your family dynamics, and your wishes. Includes specific provisions for farm equipment, land, livestock, and operating entities.
Gives your chosen agent immediate authority to sign checks, manage bank accounts, sell grain, renew operating notes, and handle all financial matters.
Names your healthcare agent and provides clear, legally binding instructions about the medical care you want — and don’t want.
Reality: Not true in every state or every situation. In Nebraska, if you have children from a prior marriage, the surviving spouse may only receive the first $100,000 plus half the remainder. The rest goes to the children — potentially children your current spouse has never met.
Reality: Maybe. But if that POA was drafted using outdated language, many banks and financial institutions will refuse to honor it. We draft POAs that comply with current statutory requirements and are formatted in a way that banks actually accept.
Reality: Grief and money change people. What your children “know” you wanted becomes irrelevant when there’s a legal dispute. Written documents eliminate ambiguity and prevent the kind of family fractures that destroy farming operations.
Most families can complete the entire process in two meetings. Schedule a free consultation and we’ll walk you through exactly what you need. Flat-fee pricing — no surprises.
