John S. Kiely concentrates his practice in the areas of trust and estate planning, administration and litigation. He advises clients on matters such as:
- preparation of wills, revocable living trusts, spousal lifetime access trusts, life insurance trusts and grantor retained annuity trusts (“GRATs”)
- appointment of assets (“decanting”) in existing irrevocable trusts into new irrevocable trusts with different terms, particularly in the context of matrimonial proceedings
- estate planning components of prenuptial agreements and divorce settlement agreements
- administration of estates and trusts, including: (i) preparation of estate tax returns, (ii) defense of estate tax audits, (iii) settlement of claims against estates, including income tax claims, (iv) advice on deferral of estate tax liability on closely-held business interests, (v) advice on satisfying estate tax liability with so-called “Graegin” loans, (vi) complex valuation issues, and (vii) effectiveness of self-settled, offshore asset-protection trusts
- estate litigation, including: (i) challenges to wills and lifetime transfers based on claims of undue influence or lack of capacity, (ii) reformation of wills, (iii) admission to probate of improperly executed wills, (iv) action to remove an executor, and (v) action to obtain limited letters of administration in order for beneficiary to investigate potential claims against executor
- advice to fiduciaries, including: (i) advising executors and trustees regarding ambiguous provisions in wills and trust agreements, (ii) representation of executors and trustees facing potential claims by beneficiaries, (iii) advising executors and trustees on the propriety of discretionary decisions, including discretionary distribution decisions, and (iv) preparation of accountings and receipt and release agreements with beneficiaries
- advice to beneficiaries of estates and trusts about their entitlement to distributions and information
- application for a private letter ruling from the IRS to make a late tax election
- applications to the IRS seeking the abatement of tax penalties
- applications to the IRS for extensions of time to pay the estate tax based on hardship
- gift tax return filing obligations
- tax planning related to expatriation
He has written articles for the New Jersey Law Journal about estate litigation, in particular about undue influence and lack of capacity claims, improperly executed wills, and reformation of wills based on probable intent.
John frequently lectures on estate planning topics, such as estate planning for digital assets, income tax planning aspects of estate planning, options for illiquid estates with significant estate tax liabilities, estate planning for artists, and about proposed legislative and regulatory action that would affect estate planning.