Jennifer E. Smith

Member

Jennifer E. Smith

Member

Practice Focus

Trusts, Estates, and Tax

Contact

Direct: (302) 468-5968
Fax: (302) 691-6834
Email: jsmith@mdsulaw.com

Administrative Support

Sonja L. Carducci
Direct: (302) 468-5970
Email: scarducci@mdsulaw.com

Jenny is a founding partner of MDSU and practices in the areas of estate planning, estate and trust administration, and wealth preservation. She advises clients on all aspects of estate planning, including wills, durable powers of attorney, healthcare directives, revocable trusts and probate. Jenny counsels families across the country about the advantages of Delaware trusts as part of a sophisticated plan for high net worth clients. In addition, she guides trustees and other fiduciaries through the process of trust migration, termination, and various methods of modification including mergers, decantings, and nonjudicial settlement agreements.

Jenny is a published author and frequent speaker on issues and developments related to trusts and estates. She has spoken at the Notre Dame Tax and Estate Planning Institute, the NAEPC Advanced Estate Planning Strategies Conference, the Hawaii Tax Institute, the AICPA Advanced Estate Planning Conference, the RPTE National CLE Conference, the ABA May Tax Meeting and the Delaware Trust Conference.

Jenny has been recognized by Chambers High Net Worth since 2018, she is certified as an Accredited Estate Planner® by NAEPC and is the recipient of a Powerwomen Award for business growth. She is the President of Estate Planning Council of Delaware and serves on the Trust Act Committee of the Delaware State Bar Association, in which she participates in the drafting of trust-related legislation.

Delaware

Pennsylvania

Emory University, B.A. Phi Beta Kappa

The University of North Carolina at Chapel Hill School of Law, J.D.

Villanova University School of Law, LL.M. (Taxation)

Mid-Atlantic Fellows Institute of the American College of Trust and Estate Counsel

Estate Planning Council of Delaware, Board of Directors

Delaware State Bar Association

  • Estates and Trusts Section, Trust Act Committee
  • Tax Section, former chair

 

Bloomburg Tax: Tax Management Estates, Gifts, and Trusts Journal

  • Strategies for Mitigating the ‘Burn’ of Grantor Trust Status (2023) feature article

Trusts & Estates Magazine

  • Delaware Law Authorizes Electronic Execution of Trust Documents (2022) feature article
  • Grantor Trust Reimbursement Statutes: A Magic Wand to Allay the Woes of Grumpy Trustors (2021) feature article
  • The World is Our Oyster: Opportunities Await Future Trust and Estate Professionals (2020) feature article

Delaware Journal of Public Health

  • Estate Planning in the Event of Incapacity as a Result of Dementia (2021) feature article

American Bar Association Tax Times

  • The Quill is Mightier than the Sword: The Supreme Court’s Decision in Kaestner Defends Quill’s Due Process Analysis (2019) guest article

The Legal Intelligencer

  • Understanding Eligible Designated Beneficiaries under the SECURE Act (2020) guest article

American Bankers Association Trust Newsletter

  • Unequal Dispositions of Property Among Children and the Specter of Litigation: Pre-Mortem Trust Validation Statutes Provide a Solution (2016)

Delaware Banker Magazine

  • Frank Aragona Trust Sheds Light on “Material Participation” Requirements ( 2014) 

Notre Dame Tax and Estate Planning Institute

  • To Reimburse or Not to Reimburse? Grantor Trust Reimbursement Statutes Offer Solutions to the Trustor’s Income Tax Woes, But Beware of the “Burn” (2022)

Hawaii Tax Institute

  • Designing Irrevocable Trusts to Protect Assets from Being Reached in Divorce (2022)

ABA Real Property Trust and Estate National CLE Conference

  • Don’t be Nonplussed, a Nongrantor Trust Must be Discussed! (2022)
  • Grantor Trust Reimbursement Statutes (2021)
  • The Value of Mentors in a World Gone Crazy (2021)

National Association of State Bar Tax Sections 

  • The Supreme Court’s Decision in Kaestner: A View from the Trenches (2019)

Connecticut Bar Association 

  • A Comparison of Grantor Trust Reimbursement Statutes (2022) 

Maryland State Bar Association

  • Advanced Techniques in Estate Planning (2020)

Pennsylvania Bar Association 

  • Trust Modification (2020)

Stafford Live National Webinar 

  • Structuring Non-Grantor Trusts for Wealth Transfers and Income Tax Planning (2022) 

Delaware Trust Conference 

  • Electronic Execution of Estate Planning Documents (2023)
  • Divorce: Implications and Considerations Impacting Trust Administration (2021)
  • Directed Trusts: Best Practices for Working with Advisors, Trust Protectors and Excluded Trustees-When to Say No! (2018)
  • This vs That: What Can be Done in Other Jurisdictions (2016)

Delaware Tax Institute

  • Recent Developments in Estate Planning – Proposed Legislation (2021) 
  • Recent Developments in Estate Planning – Transfer Tax Cases (2020)
  • Recent Developments in Estate Planning – Private Letter Rulings (2017)
  • Estate of Woebling and the Future of Intentionally Defective Grantor Trusts (2016)
  • Dancing with the IRS: Do the Bump—do the Basis Bump (2015)

AICPA Engage Conference

  • High-Level Teaming Look in Tax and Financial Advisory Services—a Best Practices Approach (2023)
  • Reading and Understanding a Trust Document (2023)

NAPEC

  • Cross-Disciplinary Panel on NAEPCs Core Value: Multi-Disciplinary Teaming

Jenny is a founding partner of MDSU and practices in the areas of estate planning, estate and trust administration, and wealth preservation. She advises clients on all aspects of estates planning, including wills, durable powers of attorney, healthcare directives and probate. In addition, Jenny advises beneficiaries and trustees regarding trust migration, termination, and various methods of trust modification including mergers, decantings, and nonjudicial settlements.   

Jenny is a published author and frequent speaker on issues and developments related to trusts and estates. She has presented nationally on various topics, including directed trusts, nonjudicial methods of trust modification, and recent developments to state and federal trust law. 

Jenny has been recognized by Chambers – High Net Worth since 2018, she is certified as an Accredited Estate Planner® by the National Association of Estate Planners and Councils, and is the recipient of a Powerwomen Award for business growth. 

Presentations

AICPA Engage Conference

  • High-Level Teaming Look in Tax and Financial Advisory Services—a Best Practices Approach (2023)
  • Reading and Understanding a Trust Document (2023)

Notre Dame Tax and Estate Planning Institute

  • To Reimburse or Not to Reimburse? Grantor Trust Reimbursement Statutes Offer Solutions to the Trustor’s Income Tax Woes, But Beware of the “Burn” (2022)

Hawaii Tax Institute

  • Designing Irrevocable Trusts to Protect Assets from Being Reached in Divorce (2022)

ABA Real Property Trust and Estate National CLE Conference

  • Don’t be Nonplussed, a Nongrantor Trust Must be Discussed! (2022)
  • Grantor Trust Reimbursement Statutes (2021)
  • The Value of Mentors in a World Gone Crazy (2021)

National Association of State Bar Tax Sections 

  • The Supreme Court’s Decision in Kaestner: A View from the Trenches (2019)

Connecticut Bar Association 

  • A Comparison of Grantor Trust Reimbursement Statutes (2022) 

Maryland State Bar Association

  • Advanced Techniques in Estate Planning (2020)

Pennsylvania Bar Association 

  • Trust Modification (2020)

Stafford Live National Webinar 

  • Structuring Non-Grantor Trusts for Wealth Transfers and Income Tax Planning (2022) 

Delaware Trust Conference 

  • Divorce: Implications and Considerations Impacting Trust Administration (2021)
  • Directed Trusts: Best Practices for Working with Advisors, Trust Protectors and Excluded Trustees-When to Say No! (2018)
  • This vs That: What Can be Done in Other Jurisdictions (2016)

Delaware Tax Institute

  • Recent Developments in Estate Planning – Proposed Legislation (2021) 
  • Recent Developments in Estate Planning – Transfer Tax Cases (2020)
  • Recent Developments in Estate Planning – Private Letter Rulings (2017)
  • Estate of Woebling and the Future of Intentionally Defective Grantor Trusts (2016)
  • Dancing with the IRS: Do the Bump—do the Basis Bump (2015)

     

Publications

Bloomburg Tax: Tax Management Estates, Gifts, and Trusts Journal

  • Strategies for Mitigating the ‘Burn’ of Grantor Trust Status (2023) feature article

Trusts & Estates Magazine

  • Delaware Law Authorizes Electronic Execution of Trust Documents (2022) feature article
  • Grantor Trust Reimbursement Statutes: A Magic Wand to Allay the Woes of Grumpy Trustors (2021) feature article
  • The World is Our Oyster: Opportunities Await Future Trust and Estate Professionals (2020) feature article

Delaware Journal of Public Health

  • Estate Planning in the Event of Incapacity as a Result of Dementia (2021) feature article

American Bar Association Tax Times

  • The Quill is Mightier than the Sword: The Supreme Court’s Decision in Kaestner Defends Quill’s Due Process Analysis (2019) guest article

The Legal Intelligencer

  • Understanding Eligible Designated Beneficiaries under the SECURE Act (2020) guest article

American Bankers Association Trust Newsletter

  • Unequal Dispositions of Property Among Children and the Specter of Litigation: Pre-Mortem Trust Validation Statutes Provide a Solution (2016)

Delaware Banker Magazine

  • Frank Aragona Trust Sheds Light on “Material Participation” Requirements ( 2014) 

     

Professional Associations

  • Mid-Atlantic Fellows Institute of the American College of Trust and Estate Counsel
  • Estate Planning Council of Delaware, Board of Directors
  • Delaware State Bar Association
  • Estates and Trusts Section, Trust Act Committee
  • Tax Section, former chair

     

Education

  • Emory University, B.A. Phi Beta Kappa
  • The University of North Carolina at Chapel Hill School of Law, J.D.
  • Villanova University School of Law, LL.M. (Taxation)

     

Admissions

  • Delaware
  • Pennsylvania
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