Jean’s practice focuses on estate planning and administration, tax-exempt organizations and charitable giving. She also regularly handles North Carolina tax matters.
She works with families and nonprofit organizations to create workable plans necessary to advance their economic and tax goals. For families this includes assisting with their estate planning and trusts, wealth transfers and estate administration needs. Further she works with tax-exempt,
non-profit and charitable organizations, often as general counsel, but particularly with their tax and governance concerns, helping them handle effectively the complicated regulations and tax world they now face. She frequently handles North Carolina tax matters for individuals, corporations and other entities, often working with the North Carolina Department of Revenue.
Jean is a Certified Public Accountant and Board-Certified Specialist in Estate Planning and Probate law.
She has been quoted in media outlets such as the Wall Street Journal, Forbes, Reuters/CNBC and Best’s Review regarding tax and estate planning issues.
Experience
- Advised on a full range of wealth transfer planning issues, including gift, estate, and generation-skipping taxes, trusts, charitable giving, and transfer tax leveraging and freezing.
- Prepared numerous estate planning documents, including wills, living trusts, life insurance trusts, generation-skipping trusts, gifting trusts, trusts for minors, charitable trusts, GRATs, family limited partnerships and limited liability companies.
- Advised numerous estates and trusts on administration, estate tax, fiduciary income tax, post-mortem and other planning.
- Represented parties in will contests and fiduciary litigation.
- Formed numerous charities, business leagues and other tax-exempt entities and secured federal, state and local tax exemptions and letter rulings.
- Advised numerous tax-exempt entities, including public charities and private foundations, on private inurement, intermediate sanctions, excise taxes, unrelated business income tax, fundraising, planned giving, corporate governance, board responsibilities, board policies, endowments, and form 990.
- Reorganized, including creating exempt and taxable affiliates, hospitals, trade associations and other exempt entities, and structured various joint ventures.
- Advised on and litigated federal, North Carolina and local tax issues including property tax issues from local level through US Supreme Court.
- Successfully lobbied various North Carolina legislative changes in tax and estates areas.
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Duke University School of LawJD
High Honors, Order of the Coif; Editorial Board, Duke Law Journal
1983 -
Wake Forest UniversityBS
magna cum laude, Honors in Accountancy, Carswell Scholar, Phi Beta Kappa
1977
Fellow, The American College of Trust and Estate Counsel, Member Digital Property Task Force, Charitable Planning Committee
Fellow, American College of Tax Counsel
Fellow, American Bar Foundation
Former Chair, Estate Planning and Fiduciary Law Section of North Carolina Bar Association
Former Board of Governors, North Carolina Bar Association
Chair, Duke University Estate Planning Council
Former President, Wake County Estate Planning Council
Leadership Council and Former Chair, Triangle Community Foundation
Former Chair, Girl Scouts ─ North Carolina Coastal Pines
- Speaker, "Nonprofit Boards: Director Recruitment, Retention, and Relationships with Staff ", 20th Annual Nonprofit Seminar, September 2023
- Speaker, "Current Developments", 19th Annual Nonprofit Seminar, Raleigh, September – October 2022
- Speaker, "Best Practices Related to Gift Acceptance Policies and Gift Agreements: In-Depth Discussion of Modification of Restricted and/or Endowed Gifts", 18th Annual Nonprofit Seminar, November - December 2021
- Speaker, What is Portability for Estate and Gift Tax?, ACTEC Family Estate Planning Guide, August 26, 2021
- Speaker, "Your Charity is a Beneficiary: What Next?", 17th Annual Nonprofit Seminar, September - November 2019
- Speaker, "Charitable Giving after the 2017 Tax Act", 16th Annual Nonprofit Seminar, October - November 2018
- Speaker, "Charitable Giving: A Potpourri" and "State and Local Tax and Regulatory Considerations for Nonprofits", 15th Annual Nonprofit Seminar – Back to Basics, September - November, 2017
- Speaker, "Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)", 12th Annual Fiduciary Advisory Services Seminar, October 2016
- Speaker, "What an Estate Planner (or Professional) Ought to Know about Tax Exempt Status", New Developments in Tax and Wealth Planning Seminar, April 2017
- Speaker, "Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)", 11th Annual Fiduciary Advisory Services Seminar, October 2016
- Speaker, "Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)", Issues Confronting Fiduciaries, October 2016
- Speaker, "Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)", Issues Confronting Professional Fiduciaries, October 2016
- Speaker, "Pixar for Estate Planners: Animating your Practice through Social Media and Forever Friending Your Client's Digital Assets - The Do's, Don't's and How To's of New Communication Channels", ACTEC Annual Meeting, March 2012
- Moderator, "Practical Estate Planning After the 2010 Tax Relief Act: Big Changes, But Still no Certainty", Duke Estate Planning Conference, October 2011
- Speaker, "Practical Approaches to the Current Estate Tax Uncertainty or a View from the Trenches", Duke Estate Planning Conference, October 2010
- Speaker, "Multidisciplinary Practice: Panacea or Pandora’s Box", 21st Annual NCBAF Estate Planning & Fiduciary Law Seminar, 2000
- Speaker, "A Few Hot Topics in Health Care Tax", NCBAF Health Law Section Annual Meeting, 1999
- Speaker, "Ethics: A View From the Trenches", 19th Annual NCBAF Estate Planning & Fiduciary Law Seminar, 1998
- Speaker, "The (Sometimes) Bumpy Road to Tax-Exempt Status and Keeping It", NCBAF Seminar on Tax-Exempt Organizations, 1997
- Speaker, "North Carolina Property Taxes", NCBAF and NCACPA North Carolina State and Local Tax Conference, 1997, 1998
- Speaker, "A Few Hot Audit Topics in the Tarheel State", 19th Annual Institute of Property Taxation Annual Meeting, Palm Springs, California, 1995
- Speaker, "Creative Charitable Giving: Current and Planned", Not-for-Profit Conference sponsored by NCACPA and NC Center for Nonprofits, 1995
- North Carolina
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Selected for inclusion, Private Wealth Law, Band 1, North Carolina, Chambers HNW Guide, 2017-2023
Named “Lawyer of the Year,” Trusts and Estates, Raleigh, The Best Lawyers in America, 2022, 2024
Selected for inclusion in The Best Lawyers in America, Trusts and Estates, Woodward/White, Inc., 2006-2024
Selected for inclusion in “Legal 500 United States,” Tax: Nonprofit and Tax-Exempt Organizations, 2022, 2023
Named to “North Carolina Super Lawyers,” Tax and Estate Planning, 2006-2023; Estate & Probate, 2017; Listed among the Top 100 Lawyers, 2006, 2008-2020; and Top 50 Women Lawyers, 2006-2020 and Top 25 Raleigh Lawyers, 2016-2020
Selected for inclusion in “Legal Elite,” Tax and Estate Planning, 2006-2011, 2013-2019; Hall of Fame, 2023, Business North Carolina
Selected for inclusion in “Legal 500 United States,” Not-for-profit: Nonprofit and Tax-Exempt Organizations, 2021
Named “Legal Elite – Lawyer of the Year,” Tax and Estate Planning, Business North Carolina, 2019
Named a “Divorce, Trusts and Estates Trailblazer,” The National Law Journal, 2017
Named “Lawyer of the Year,” Raleigh, Best Lawyers, 2016
- Author, Reminder: Private Foundations Are Subject to 1.39% Excise Tax on Net Investment Income, McGuireWoods Legal Alert, August 7, 2023
- Author, SECURE 2.0 and Other Legislative Proposals Address Charitable Giving Strategies, McGuireWoods Legal Alert, May 15, 2023
- Author, Timing Is Critical for Gift of Appreciated Stock to Avoid Capital Gain From Sale of Company, McGuireWoods Legal Alert, March 20, 2023
- Author, Procedural Missteps Lead to Loss of Tax Deductions for Charitable Gifts, McGuireWoods Legal Alert, November 10, 2022
- Author, IRS Offers Automatic Penalty Relief for Certain Nonprofits and Electronic Filing Tips, McGuireWoods Legal Alert, September 7, 2022
- Author, N.C. Adopts Remote Online Notarizing, Extends Emergency Video Notarizing and Witnessing, McGuireWoods Legal Alert, September 7, 2022
- Author, Private Foundations: Exercise Caution to Avoid Self-Dealing, McGuireWoods Legal Alert, February 2, 2022
- Author, New Tax Proposals Alter Charitable Giving Strategies, McGuireWoods Legal Alert, August 17, 2021
- Author, Update on UBTI SILO Rule and IRS Form 990-T Electronic Filing, McGuireWoods Legal Alert, April 8, 2021
- Author, Charitable Lead Annuity Trusts: Planning Opportunities in Today’s Low-Interest-Rate Environment, McGuireWoods Legal Alert, February 11, 2021
- Author, New Regulations Impact Excise Tax on Certain Private College and University Investment Income, McGuireWoods Legal Alert, November 17, 2020
- Author, Key Considerations for Charities Regarding Bequests and Other Deferred Gifts, McGuireWoods Legal Alert, July 8, 2020
- Author, COVID-19 Pandemic: Tax Relief Affecting Nonprofits, McGuireWoods Legal Alert, April 9, 2020
- Author, CARES Act Provides Tax Relief to Encourage Charitable Giving in 2020, McGuireWoods Legal Alert, March 31, 2020
- Author, COVID-19 and Employers: Financial Assistance for Employee Hardship, McGuireWoods Legal Alert, March 20, 2020
- Author, Creative Tax Planning With “Flip” Charitable Remainder Unitrusts, McGuireWoods Legal Alert, October 23, 2019
- Author, Special Care for Special Dollars: Endowments and Restricted Funds, McGuireWoods Legal Alert, July 18, 2019
- Author, North Carolina Revenue Department Sets Deadline to Claim Refunds Under Kaestner, McGuireWoods Legal Alert, July 9, 2019
- Author, Connecticut Adopts Self-Settled Asset Protection Trust Legislation, McGuireWoods Legal Alert, June 25, 2019
- Author, What Kaestner Decision Means for State Income Taxation of Trusts, McGuireWoods Legal Alert, June 25, 2019
- Author, Indiana Enacts Self-Settled Asset Protection Trust Legislation, McGuireWoods Legal Alert, May 29, 2019
- Author, Can a Handwritten Will Get Any R.E.S.P.E.C.T.?, McGuireWoods Legal Alert, May 22, 2019
- Author, Supreme Court Weighs Constitutionality of State Income Taxation of Trusts, McGuireWoods Legal Alert, April 29, 2019
- Author, Nonprofits Seeking to Avoid New Parking Tax Must Make Changes Soon, McGuireWoods Legal Alert, March 13, 2019
- Author, New Guidance for Tax-Exempt Organizations Calculating Excise Tax on Pay of Highly Compensated Employees, McGuireWoods Legal Alert, February 5, 2019
- Author, Recent Cases of Interest to Fiduciaries: January 2019, McGuireWoods Legal Alert, January 7, 2019
- Author, Ron Aucutt’s “Top Ten” Estate Planning and Estate Tax Developments of 2018, McGuireWoods Legal Alert, December 21, 2018
- Author, Donors Must Dot All i’s, Cross All t’s When Making Year-End Charitable Gifts, McGuireWoods Legal Alert, December 17, 2018
- Author, Estate Tax Exemptions in the Capital Region: D.C. Decouples, Maryland Caps, Virginia Holds Out, McGuireWoods Legal Alert, October 15, 2018
- Author, The Unhappy Consequences of Dying Without a Will, McGuireWoods Legal Alert, August 28, 2018
- Author, IRS Proposes Regulations on New Section 199A Passthrough Deduction, McGuireWoods Legal Alert, August 17, 2018
- Author, Donor Advised Funds: Useful New Tools for Charities and Donors, McGuireWoods Legal Alert, August 14, 2018
- Author, Recent Cases of Interest to Fiduciaries: July 2018, McGuireWoods Legal Alert, July 24, 2018
- Author, IRS to Issue Regulations on Effect of Section 67(g) on Certain Deductions for Estates and Nongrantor Trusts, McGuireWoods Legal Alert, July 17, 2018
- Author, N.C. Supreme Court: Income Taxation of Out-of-State Trust Is Unconstitutional, McGuireWoods Legal Alert, June 18, 2018
- Author, Charitable Giving After Tax Reform, McGuireWoods Legal Alert, May 30, 2018
- Author, Ron Aucutt’s “Top Ten” Estate Planning and Estate Tax Developments of 2017, McGuireWoods Legal Alert, January 11, 2018
- Author, Recent Cases of Interest to Fiduciaries: January 2018, McGuireWoods Legal Alert, January 2, 2018
- Author, Tax Reform: Modifications to the Conference Committee’s Bill, McGuireWoods Legal Alert, December 20, 2017
- Author, What the New Tax Law Means for Individuals and Closely Held Business Owners, McGuireWoods Legal Alert, December 20, 2017
- Author, Tax Cuts and Jobs Act: The Conference Committee’s Bill, McGuireWoods Legal Alert, December 18, 2017
- Author, Tax Cuts and Jobs Act: Senate Bill Revisions Affecting Tax-Exempt Organizations, McGuireWoods Legal Alert, December 5, 2017
- Author, North Carolina Adopts New Power of Attorney Statute, McGuireWoods Legal Alert, December 1, 2017
- Author, Tax Cuts and Jobs Act: A Comparison of Key Provisions for Tax-Exempt Organizations, McGuireWoods Legal Alert, November 17, 2017
- Author, Tax Cuts and Jobs Act: Amendments Affecting Tax-Exempt Organizations, McGuireWoods Legal Alert, November 10, 2017
- Author, GOP Proposes Allowing Charities to Take Political Sides, McGuireWoods Legal Alert, March 27, 2017
- Author, "New North Carolina Law Allows Fiduciaries Access to Digital Assets", the will & the way, February 2017
- Author, Tax-Exempt Organizations Update: Selected Developments From Washington, McGuireWoods Legal Alert, September 12, 2016
- Author, New North Carolina Law Allows Fiduciaries Access to Digital Assets, but Only If …, McGuireWoods Legal Alert, August 5, 2016
- Author, North Carolina Court of Appeals Affirms the Unconstitutionality of a State Income Tax on a Non-North Carolina Trust, McGuireWoods Legal Alert, July 8, 2016
- Author, "Do you Support Repeal of The Federal Estate Tax?", Forbes, October 2014
- Author, "Helping Clients Reach Their Great Digital Beyond", Trusts & Estates, September 2011
- Author, "The Rocky Horror Tax Policy", Asheville Citizen-Times, October 2010
- Author, "Best Practices for Exempt Organizations and Form 990", Journal of Accountancy, September 2010
- Author, "Fundamentals of Investment Protection", Advancing Philanthropy, September/October 2009
- Author, "Contract Tax Auditors: The Tale of the Tax Ferret", Tax Management MultiState Tax, 1996
- Author, "State and Local Tax Important Developments – North Carolina", The State and Local Tax Lawyer, 1995 to 1999
- Author, "Hospital Corporate Reorganization and Joint Ventures", Hospital Law in North Carolina, 1991
- Author, "Corporate Organization, Reorganization and Joint Ventures", Healthcare Facilities Law, 1991