Wills & Powers of Attorney

A Will That Actually Reflects Farm Life

Last wills, living wills, healthcare directives, and durable powers of attorney drafted for Nebraska & Minnesota farm families.

Get Your Will Set Up Right

No obligation. No hourly billing. Tell us about your family and we will reach out.

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100% Confidential. Flat-fee pricing.

Every Farm Family Needs These Documents. Most Don’t Have Them.

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.

descriptionWhat’s Included

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    Last Will & Testament
    Names beneficiaries, guardians, and your personal representative.
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    Financial Power of Attorney
    Authorizes a trusted person to manage finances if you’re incapacitated.
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    Healthcare Directive
    Names your medical decision-maker and documents end-of-life wishes.
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    Living Will
    Specific instructions about life-sustaining treatment preferences.

Why a Will Alone Isn’t Enough for a Farm

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 6-18 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.

Kole reviewing Last Will and Testament at his desk

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

Initial Consultation

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.

2

Drafting & Review

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.

3

Execution & Delivery

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.

What We Draft for You

Every document is custom-built for your family and farm operation — never a template.

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Custom Wills

Drafted around your assets, your family dynamics, and your wishes. Includes specific provisions for farm equipment, land, livestock, and operating entities.

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Financial POA

Gives your chosen agent immediate authority to sign checks, manage bank accounts, sell grain, renew operating notes, and handle all financial matters.

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Healthcare Directives

Names your healthcare agent and provides clear, legally binding instructions about the medical care you want — and don’t want.

3 Common Myths

Myth: “My spouse automatically gets everything, so I don’t need a will.”

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 a limited first share plus half the remainder. The rest goes to the children — potentially children your current spouse has never met.

Myth: “I gave my son my Power of Attorney years ago — it’s still good.”

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.

Myth: “My kids know what I want. We don’t need it in writing.”

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.

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 a will enough to keep my farm out of probate?expand_more
No. A will is an instruction manual for the probate court. It guarantees your estate goes through probate. To avoid probate entirely, you need a Revocable Living Trust that is properly funded. We can help you decide which approach is right for your situation.
What happens if I become incapacitated without a Power of Attorney?expand_more
Your family will need to petition the court for conservatorship or guardianship — a process that can take weeks and costs thousands of dollars. During that time, nobody has legal authority to manage your finances or make medical decisions. A properly drafted POA avoids this entirely.
How often should I update my will?expand_more
We recommend reviewing your estate plan every 3-5 years, or whenever a major life event occurs: a new grandchild, a land purchase, a divorce, a death in the family, or a significant change in the operation.
Do both spouses need their own documents?expand_more
Yes. Each spouse needs their own will, their own financial power of attorney, and their own healthcare directive. We draft these as a coordinated package so they work together seamlessly.

Ready to Get Your Documents in Order?

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.