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JenFlannery

Partner

Overview

Biography

Jen serves as Barclay Damon’s Trusts & Estates Practice Area co-chair. Her practice focuses on trusts and estate litigation, planning, and administration, with her litigation practice including will and trust contests; fiduciary litigation; and will-construction, fiduciary-removal, accounting, spousal-rights, and kinship proceedings.

Jen also works with fiduciaries, beneficiaries, and creditors and handles litigated guardianship cases and guardianship and supplemental-needs trust matters. She is certified with the NYS Office of Court Administration to receive fiduciary appointments as court evaluator, guardian, guardian ad litem, receiver, referee, and attorney for alleged incapacitated persons. Jen has significant experience working with individuals on marital agreement plans, including pre-nuptial and post-nuptial agreements; working with clients regarding business-succession planning; and handling planning involving sophisticated transfer and income-tax considerations.

In addition to her role at Barclay Damon, Jen serves as the Erie County public administrator.

Bar Associations

  • American Bar Association
  • Bar Association of Erie County
  • New York State Bar Association, Trusts and Estates Section & Estate Litigation Subcommittee Member

Selected Memberships & Affiliations

  • Barclay Damon Women’s Forum
  • Estate Analysts of Western New York
  • Surrogate's Court Practice Subcommittee
Experience

Representative Experience

  • Successfully engineered a global settlement among the co-trustees and the beneficiaries on the verge of all-out litigation. The litigation would have lasted for many years and significantly drained the estate’s assets, which were intended to support the matriarch’s family for generations to come.
  • Represented a professional fiduciary against a claim for breach of the prudent investor rule and had the claim dismissed.
  • Represented fiduciaries in complex accounting proceedings commenced by dissatisfied beneficiaries after claims of breach of fiduciary duty and self-dealing.  Successfully negotiated a settlement resulting in significant tax savings to the executor that covered all litigation and settlement costs and additionally resulted in a tax windfall for the executors and the decedent’s other beneficiaries.
  • Provided representation in matters involving electronic discovery where emails were discovered documenting a third-party’s efforts to unduly influence an elderly testator to leave his significant wealth instead of benefitting charitable organizations, as was his long-established testamentary plan.
  • Represents large corporate fiduciaries regarding fiduciary duties and the investment of trust and estate assets under the NY Prudent Investor Rule.
  • Represents young families and multi-generational families in creating trusts to transfer business interests to children.
  • Drafts wills, trusts, and other estate-planning documents, including establishing and dissolving tax-exempt organizations; life-insurance planning; estate planning related to unique assets such as art and other collectibles; and administering estate transfers from generation to generation.
  • Acted as co-counsel and special counsel on matters given by general practitioners who need additional assistance in certain aspects of the administration or litigation of a particular estate or trust matter to best serve the client.

Prior Experience

  • Damon Morey LLP, Special Counsel
  • Erie County Surrogate’s Court, Law Clerk
  • University at Buffalo School of Law, Estate Planning Teaching Assistant

Selected Community Activities

  • University at Buffalo Alumni GOLD Group, Treasurer and Education Committee Chair
  • Canisius College Women’s Business Center, Advisory Board Member and Coaching Committee Member
  • Buffalo Prenatal Perinatal Network, Board of Directors Member and Personnel Committee Member
  • Community Foundation for Greater Buffalo, Inc., Former Professional Advisory Committee Member

Selected Honors

  • Selected to Super Lawyers Upstate New York Rising Stars: Estate & Trusts Litigation, 2015-2017
  • Selected to Super Lawyers Upstate New York Rising Stars: Estate & Probate, 2014
  • Buffalo Business First, Legal Elite of Western New York, 2013
  • New York State Bar Association, Empire State Counsel, 2011
Knowledge

Selected Speaking Engagements

  • New York State Bar Association, “Ethics in Home Care”
  • New York State Bar Association, “Misc. Proceedings, Wrongful Death, and Guardian Ad Litem in Supreme and Other Courts”
  • New York State Bar Association, “Motion Practice in Surrogate’s Court”
  • New York State Bar Association Trusts and Estates Section Annual Fall Meeting, “Accounting Objections”
  • New York State Bar Association, “Burden of Proof at Trial”

Selected Publications & Media

Alerts

Events

Featured Media

Alerts

Start Delayed for Required Massachusetts Paid Family and Medical Leave Contributions

Alerts

NY Court of Appeals Expands Optional Safety Equipment Defense for Design Defect Claims

Alerts

EEO-1 Component 2 Data Update

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