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DANIEL L. KESTEN
Partner/Co-Chair
Private Client Services
212.468.4876
dkesten@dglaw.com
V-CARD
dkesten@dglaw.com

Daniel L. Kesten is co-chair of the Private Client Services Practice Group of Davis & Gilbert. His practice concentrates on helping clients preserve wealth by mitigating income, estate, gift, and generation-skipping transfer taxes. In addition to preparing testamentary estate plans with wills and trusts to assure clients that their wealth will pass in accordance with their wishes, Mr. Kesten counsels high net worth individuals on the structuring and implementation of lifetime wealth transfers and “estate freeze” transactions, which create long-term estate tax solutions for their families. He utilizes strategies involving dynasty trusts, grantor trusts, qualified personal residence trusts, charitable lead and charitable remainder trusts, and grantor retained annuity trusts. Mr. Kesten handles matters for individuals who come from a broad range of industries including investment management, tech start-ups, the arts, real estate and advertising.

A particular focus of Mr. Kesten’s practice involves advising hedge fund principals on a spectrum of issues, including:

  • Restructuring ownership of interests in their funds’ general partner and management company entities in order to share fund performance with younger generation family members in a gift-tax compliant manner
  • Estate planning around the launch of a new fund
  • Titling issues with respect to the acquisition and holding of primary residences and second homes
  • Addressing less technical issues, such as how the introduction of wealth to the family may impact younger generations

Mr. Kesten’s goal is to implement structures intended to maximize tax efficiency in carrying out clients’ goals regarding the disposition of their wealth. In addition to his extensive experience in sophisticated estate planning, Mr. Kesten advises clients on their trust and estate administration, and represents clients in trust and estate litigation before the Surrogate’s Court.

Prior to joining Davis & Gilbert, Mr. Kesten was a Shareholder at Greenberg Traurig LLP.

SPEAKING ENGAGEMENTS

"Hot Topics in Fiduciary Income Tax: DINGS, NINGS, the New 3.8% Medicare Tax & Material Participation Rules for Trusts," Estate Planning Council of New York City: Estate Planners Day, May 22, 2014

"Estate Planning for Your Generation," Davis & Gilbert Private Client Services Seminar, January 2014

"Advanced Estate Planning," New Jersey Society of CPAs Estate Planning Conference, July 11, 2013

"Death of a Business Partner and Section 754 Elections," American Bar Association Section of Taxation 2010 May Meeting, May 8, 2010

"Preparing for Sale - Even if Selling is Not a Short Term Strategy," Davis & Gilbert Private Client Services Breakfast Seminar, March 23, 2010

PUBLICATIONS

Co-Author, "Estate Tax Set to Expire on New Year's Day," D&G Private Client Services Alert, December 2009

Co-Author, "Family Limited Partnerships and Limited Liability Companies - Watching the Law Develop," Practicing Law Institute, 40th Annual Estate Planning Institute Handbook, September 2009

Author, "Three Reasons Why Now is the Time for Estate Planning," D&G Private Client Services Alert, March 6, 2009

Co-Author, "Family Limited Partnerships and Limited Liability Companies - Are We Still Doing Them?" Practicing Law Institute, 38th Annual Estate Planning Institute Handbook, December 2007

PRESS

Quoted, The New York Times, "The Argot of Trusts, As Told in Acronyms," by Paul Sullivan, March 28, 2014

Quoted, The New York Times, "The End of a Decade of Uncertainty Over Gift and Estate Taxes," by Paul Sullivan, January 5, 2013

Quoted, Barrons.com, "The Five Biggest Ways To Bungle a Trust," by Lauren Foster, May 21, 2011

Quoted, Fortune: Wealth Adviser, "More Money for the Kids," by Paul Sullivan, February, 7, 2011

Quoted, The New York Times, "Estate Tax Will Return Next Year, but Few Will Pay It," by Paul Sullivan, December 17, 2010

Quoted, The New York Times, "Confusion Over the Dormant Estate Tax Keeps Advisers Busy," by Paul Sullivan, June 11, 2010

Quoted, The New York Times, "A Bizarre Year for the Estate Tax Will Require Extra Planning," by Paul Sullivan, January 9, 2010

Quoted, The New York Times, "Thinking Hard About Retirement and Death," by Paul Sullivan, December 26, 2009

BAR ADMISSIONS

New York
Kentucky
U.S. District Court, Eastern and Western Districts of Kentucky
U.S. Tax Court

EDUCATION

New York University School of Law, LL.M., Taxation, 1998
University of Kentucky College of Law, J.D., 1997
University of Virginia, B.A., Economics, 1993


SPEAKING ENGAGEMENTS

"Hot Topics in Fiduciary Income Tax: DINGS, NINGS, the New 3.8% Medicare Tax & Material Participation Rules for Trusts," Estate Planning Council of New York City: Estate Planners Day, May 22, 2014

"Estate Planning for Your Generation," Davis & Gilbert Private Client Services Seminar, January 2014

"Advanced Estate Planning," New Jersey Society of CPAs Estate Planning Conference, July 11, 2013

"Death of a Business Partner and Section 754 Elections," American Bar Association Section of Taxation 2010 May Meeting, May 8, 2010

"Preparing for Sale - Even if Selling is Not a Short Term Strategy," Davis & Gilbert Private Client Services Breakfast Seminar, March 23, 2010

PUBLICATIONS

Co-Author, "Estate Tax Set to Expire on New Year's Day," D&G Private Client Services Alert, December 2009

Co-Author, "Family Limited Partnerships and Limited Liability Companies - Watching the Law Develop," Practicing Law Institute, 40th Annual Estate Planning Institute Handbook, September 2009

Author, "Three Reasons Why Now is the Time for Estate Planning," D&G Private Client Services Alert, March 6, 2009

Co-Author, "Family Limited Partnerships and Limited Liability Companies - Are We Still Doing Them?" Practicing Law Institute, 38th Annual Estate Planning Institute Handbook, December 2007

PRESS

Quoted, The New York Times, "The Argot of Trusts, As Told in Acronyms," by Paul Sullivan, March 28, 2014

Quoted, The New York Times, "The End of a Decade of Uncertainty Over Gift and Estate Taxes," by Paul Sullivan, January 5, 2013

Quoted, Barrons.com, "The Five Biggest Ways To Bungle a Trust," by Lauren Foster, May 21, 2011

Quoted, Fortune: Wealth Adviser, "More Money for the Kids," by Paul Sullivan, February, 7, 2011

Quoted, The New York Times, "Estate Tax Will Return Next Year, but Few Will Pay It," by Paul Sullivan, December 17, 2010

Quoted, The New York Times, "Confusion Over the Dormant Estate Tax Keeps Advisers Busy," by Paul Sullivan, June 11, 2010

Quoted, The New York Times, "A Bizarre Year for the Estate Tax Will Require Extra Planning," by Paul Sullivan, January 9, 2010

Quoted, The New York Times, "Thinking Hard About Retirement and Death," by Paul Sullivan, December 26, 2009

BAR ADMISSIONS

New York
Kentucky
U.S. District Court, Eastern and Western Districts of Kentucky
U.S. Tax Court

EDUCATION

New York University School of Law, LL.M., Taxation, 1998
University of Kentucky College of Law, J.D., 1997
University of Virginia, B.A., Economics, 1993