Kenneth A. Weiss
Member
New Orleanskweiss@mcglinchey.com
(504) 596-2751 (p)
(504) 910-9607 (f)
Kenneth "Ken" Weiss is a member of the firm who practices in our New Orleans and Baton Rouge offices and heads the estate planning practice. He is a Board Certified Tax Specialist and a Board Certified Estate Planning and Administration Specialist (Certified by the Louisiana Board of Legal Specialization) practicing in the areas of tax; business and wealth transfer planning wills, trusts and probate; elder law; charitable gift planning; tax-exempt organizations and matrimonial planning.
Ken is a full professor on the adjunct faculty of Tulane Law School, where he has taught Federal Estate and Gift Tax since 1987, and has also taught Federal Income Tax, Corporate Tax, International Estate Planning and Comparative Tax Policy. From 2000 to 2008, he was an adjunct professor of law at LSU Law School, where he taught Federal Gift and Estate Tax.
Since 1993, Ken has been included in Woodward White's Best Lawyers in America (for Tax Law, Trusts and Estates, Non-profit Charities Law and Elder Law in 2010), and is listed in Louisiana SuperLawyers 2009. He has authored three books and numerous articles on tax and estate planning subjects.
Ken is Chair of the Tulane Estate Planning Institute and serves on the planning committee for the Loyola Estate Planning Conference and the Tulane Tax Institute. Ken has participated in programs at Tulane, Loyola and LSU law schools, the Louisiana Society of Certified Public Accountants, the National Business Institute and other organizations.
Admitted to Practice
- Louisiana
- United States District Court for the District of Columbia
- United States District Court for the Eastern District of Louisiana
- United States Court of Appeals for the Fifth Circuit
- United States Tax Court
- District of Columbia
Education
- The George Washington University Law School, LL.M., Taxation, 1981 (with highest honors)
- Tulane University Law School, J.D., 1975 (Order of the Coif)
- Tulane University, B.A., 1972
Professional Affiliations
- American College of Trust and Estate Counsel, Fellow
- Louisiana State Law Institute, Trust Code Revision Committee and Successions and Donations Committee
- The District of Columbia Bar, Member
- Louisiana State Bar Association, Member, Section of Taxation; Board Certified Tax Specialist and Board Certified Estate Planning and Administration Specialist (Louisiana Board of Legal Specialization)
- Louisiana State University Law Center, Former Faculty, Adjunct Professor of Law, Federal Gift and Estate Taxation
- Loyola University College of Law, Planning Committee, Annual Estate Planning Conference
- The New Orleans Bar Association, Chairman, Taxation Law Committee, 2004
- New Orleans Estate Planning Council, Member
- Tulane Estate Planning Institute, Chair
- Tulane Law Review Board, Advisory Editor, Former Associate Editor
- Tulane Tax Institute, Member, Planning Committee
- Tulane University School of Law, Faculty, Adjunct Professor of Law, Federal Gift and Tax Planning; Dean's Advisory Board; Continuing Legal Education Advisory Committee
Publications
- "Executive Compensation," Matthew Bender & Co., Inc., 1990
- "Bankers' Guide to Establishing, Managing and Operation Common Trust Funds," American Bankers Association, 1986
- "Business Uses of Life Insurance," Matthew Bender & Co., Inc., 1986
- "Clearing Title in Katrina's Wake," 20 Probate and Property 42, No. 5, 2006
- "Independent Administration of Estates in Louisiana," 49 Louisiana Bar Journal 370 (with Max Nathan, Jr.), 2002
- "Drafting Louisiana Income "Spray" Trusts: After the 1997 Trust Code Amendments," 72 Tul. L. Rev. 1329, 1998
- "Tax Considerations of Inter Vivos Trusts for Children and Grandchildren," How to Draft Wills and Trusts in Louisiana, National Business Institute, 1994
- "Philanthropic Planning Options: Making the Best Use of the Golden "Nest" Egg to Provide for a Spouse and Charity," 44 Louisiana Bar Journal 524 (with Lizbeth A. Turner), 1997
- "Estate Planning for Shareholders of Closely Held Corporations," Advance Estate Planning Techniques in Louisiana, National Business Institute, 1995
- "Grantor Trust Drafting Checklist," What You Need to Know: The Basic Rules of Grantor Trusts and How to Use Them in Advanced Estate Planning, American Bar Association, 1994
- "Overview of Federal Estate, Gift and Generation-Skipping Transfer Taxation," Estate Planning and Probate in Louisiana, National Business Institute, 1998 and 1994
- "Basic Federal Estate, Gift and Generation-Skipping Tax Considerations," How to Draft Wills and Trusts in Louisiana, National Business Institute, 1994
- "Post Mortem Elections by Fiduciaries," Louisiana Probate: Beyond the Basics, Ntional Business Institute, 1989 and 1991
- "Planning with Irrevocable Inter Vivos Trusts," Basic Drafting of Wills and Trusts in Louisiana, National Business Institute, 1990 and 1993
- "Irrevocable Inter Vivos Trusts," Basic Drafting of Wills and Trusts in Louisiana, National Business Institute, 1988, 1991 and 1992
- "Estate Planning After the Economic Recovery Act," The Louisiana Banker 38, 1982
- "Federal Taxation," Fifth Circuit Symposium, 28 Loy. L. Rev. 949, 1982
- "Taxation of Fringe Benefits After the Tax Reform Act," Professional Corporations and Small Businesses after the Tax Reform Act of 1984, Practicing Law Institute, 1984
- "Note, Freedom of the Press - Florida Right of Reply Statute Held Constitutional," 48 Tul. L. Rev. 433, quoted in Miami Herald v. Tornillo, 418 U.S. 241 at 257 (Burger, C. J.), 1974
- "Comment, Newsmen's Privilege Two Years After Branzburg v. Hayes: The First Amendement in Jeopardy," 49 Tul. L. Rev. 417, 1975
Community and Other Activities
- Professional Education Seminars, Inc., Faculty, Louisiana: The Complete Trust Course, 2003-2004
- Loyola State University Law School, Faculty, CLE programs: Working with Louisiana's New Independent Executorship Law, 2002
- Tulane Law School Annual Estate Planning Seminar, Faculty, How to Draft Bypass and Marital Deduction Trusts (with forms), 2000
- Louisiana State University Law School Annual Estate Planning Seminar, Faculty, Drafting Louisiana Income Spray Trusts, 2000
- Jewish Endowment Foundation, Professional Advisory Committee
- Greater New Orleans Foundation, Development Committee
- Tulane University, Planned Gifts Advisory Committee
- The Audubon Institute Planned Gifts Advisory Committee, Chair
- Greater New Orleans Chapter of National Committee on Planned Giving
