JOSHUA M. KAPLAN

PARTNER

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Josh Kaplan is Co-Chair of the Trusts & Estates Practice Group. He advises clients on a broad range of trusts and estates issues, including estate planning and administration; estate, gift and GST tax planning; business succession planning; charitable giving; and life insurance.

Practices

About

Josh counsels fiduciaries during all stages of estate administration, including preparation of probate documents, locating and gathering assets, and preparation of both federal and state estate tax returns. In addition, he advises trustees regarding all aspects of trust administration and other related matters. His experience includes advising clients in connection with preparation and review of federal gift tax returns and disclosure of non-gift transactions.

Josh has significant experience in cross-border estate planning. He advises non-U.S. citizens regarding U.S. transfer tax planning, the disposition of U.S. assets owned by foreign estates, and related U.S. federal and state tax reporting requirements.

In the corporate and private investment fund spaces, Josh assists principals at hedge funds and private equity funds in connection with transfers of fund interests to and from trusts, estates, family limited partnerships and other private investment vehicles. In addition, he advises institutional clients regarding fiduciary issues and corporate transactions involving trusts and estates.

Prior to joining Kleinberg Kaplan, Josh worked in the trusts & estates and private client practice groups at prominent U.S. and international law firms.

Education

New York University School of Law (LL.M., 2017)

New York University School of Law (J.D., magna cum laude, 2007)

University of Pennsylvania (B.A., summa cum laude, 2003)

Bar Admissions

New York

Publications

The Lows and Highs of Estate Planning in a Pandemic: Making the Most of Estate and Gift Tax Opportunities in the Covid-19 Economy

Bloomberg Tax Management Estates, Gifts, and Trusts Journal, September 2020 (co-author)

Insights

Update: Ways and Means Committee Proposes New Legislation

 October 6, 2021

Kleinberg Kaplan recently sent a Trusts & Estates Client Alert discussing potential changes to the tax law that were proposed by the House Ways and Means Committee (click here for the Client Alert). A recent report issued by the House Budget Committee regarding the proposals has important implications concerning the proposed provisions related to grantor…

Ways and Means Committee Proposes New Legislation

 September 28, 2021

The House Ways and Means Committee recently released a draft of the tax portion of the proposed reconciliation bill. Some of the proposals affecting individual taxpayers, estates and trusts are described below. Termination of Temporary Increase in Gift and Estate Tax Exclusion Amount The gift and estate tax exclusion amount is presently $11.7 million (indexed…

Post-Election Trusts & Estates Planning Considerations

 November 9, 2020

In the wake of the 2020 election, many expect that the Biden administration will seek to engage Congress to enact new tax legislation in order to raise revenue to pay the costs associated with the pandemic and other government programs. The administration’s ability to set policy will be impacted by the final results of several…

Helping Clients Navigate COVID-19 (Updating)

 August 18, 2020,

Kleinberg Kaplan is working closely with our clients to provide counsel and guidance during these unprecedented times. A selection of our recent thought leadership pieces related to the implications of COVID-19 includes: Corporate Considerations  The PPP Just Got Better (June 10, 2020): Chris Davis, Dov Kleiner, Uri Rosenwasser and Benjamin Goldman discuss the key highlights of the…

Current Estate and Gift Tax Planning Opportunities

 July 8, 2020

As the global economy continues to feel the disruptive effects of the COVID-19 crisis, now may be an appropriate time to consider potential estate planning opportunities: Low Interest Rates: The IRS prescribes minimum interest rates that taxpayers must charge on most loans (including installment sales) to avoid gift tax consequences. These IRS rates are now…

SECURE, CARES and Retirement Account Distributions in 2020

 June 26, 2020

Both the SECURE Act enacted in December 2019 and the CARES Act enacted in March 2020 changed the rules governing distributions from retirement plans and IRAs. Under the SECURE Act, retirement plan participants and IRA owners no longer have to begin taking distributions until April 1 of the calendar year after they reach age 72…

Tax-Exempt Organizations in the Age of COVID-19

 April 29, 2020

The COVID-19 crisis presents unique challenges, as well as opportunities, for tax-exempt organizations. The Coronavirus Aid, Relief and Economic Security (“CARES”) Act provides some relief to tax-exempt organizations who may be experiencing difficulties funding their operations and charitable projects as a result of the current situation. In addition, the Internal Revenue Service has postponed tax…

Estate Planning Considerations and COVID-19

 March 25, 2020

As the novel coronavirus (“COVID-19”) continues to affect almost all areas of life, the Kleinberg Kaplan Trusts & Estates Practice Group is monitoring developments that may impact our clients’ estate planning. As always, the health, safety and wellbeing of our clients and their families are of paramount importance to us. In light of the current situation,…

SECURE Act Changes Key Retirement Plan and IRA Rules Alerts

 December 30, 2019

Retirement benefits (such as pension, profit-sharing, 401(k) or IRA benefits) make up a substantial portion of many people’s assets. Congress recently passed, and the President signed on December 20, 2019, the Setting Every Community Up for Retirement Act (the SECURE Act) as part of the Further Consolidated Appropriations Act, 2020. The SECURE Act made various…

Kleinberg Kaplan Adds Joshua Kaplan as Partner to Trusts and Estates Group

 December 9, 2019

Premier boutique law firm Kleinberg Kaplan has announced that Joshua M. Kaplan has joined the firm as a partner in its Estate Planning and Administration Practice. He arrives from Dechert. With more than a decade of experience in private wealth matters, Mr. Kaplan advises clients on a broad range of issues, including estate planning and administration; estate, gift and…