Overview
John S. Kiely focuses his practice on advising high-net-worth individuals and families on a full range of estate planning and gift planning issues, including the preparation of wills, revocable trusts, spousal lifetime access trusts, grantor retained annuity trusts, life insurance trusts and qualified personal residence trusts.
John frequently lectures on diverse estate planning topics, such as surveys of the estate and gift tax system, gift planning for qualified small business stock under Section 1202, the income tax aspects of estate planning, international estate planning, options for illiquid estates with significant estate tax liabilities, and proposed legislative and regulatory actions that could affect wealthy individuals and families.
An avid art collector and patron, John advises artists and other collectors on estate planning and is well versed in the nuances of the art market. He also focuses his pro bono work on preparing estate planning documents for low-income artists.
Results
- Negotiated resolution of elective share claim involving testamentary substitutes and estate tax apportionment
- Served as a neutral expert witness regarding a partnership freeze transaction*
- Successfully transferred fractional interests in artwork to irrevocable trusts at discounted values*
- Successfully obtained pardons from the Governor of New York for two resident aliens facing deportation because of felony convictions for low-level offenses*
- Successfully negotiated resolution of an estate tax audit which including tax deferral under Internal Revenue Code Section 6166, and a Graegin loan*
- Successfully decanted numerous irrevocable trusts into appropriate modern receptacles*
- Implemented a gifting strategy which multiplied the tax exemptions available for qualified small business stock*
*Matter handled prior to joining McDermott.
Recognitions
- Pro Bono Publico Award, The Legal Aid Society, 2018 and 2021
- Super Lawyers Rising Star, 2014, 2017 and 2018
Community
- CUE Art Foundation, Co-Treasurer and Board Member
- Parrish Museum Contemporaries Circle, Steering Committee Member
- MoMA, Young Patrons Council
- American Ballet Theatre, Junior Council
- New York City Ballet, Young Patrons Council
- Whitney Museum of American Art, Whitney Contemporaries
- Guild Hall, Contemporaries
- Neue Galerie, Junior Council
Credentials
Education
New York University School of Law, LLM, 2010
Fordham University School of Law, JD, 2008
Washington and Lee University, BA, 2005
Admissions
New York
Connecticut
Florida
New Jersey