Jocelyn Margolin Borowsky

Partner

  • Jocelyn Margolin Borowsky
  • Phone: +1 302 657 4921

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  • Duane Morris LLP
    1201 North Market St, Suite 501
    Wilmington, DE 19801
    USA

Jocelyn Margolin Borowsky, a fellow of the American College of Trust and Estate Counsel ("ACTEC"), practices in the areas of estate planning, estate and trust administration and fiduciary litigation in Delaware, New Jersey, and Pennsylvania.

Advising on Corporate Transparency Act. Ms. Borowsky advises clients as to whether a company is subject to the Corporate Transparency Act and helps them identify its beneficial owners, company applicants and what information and documentation must be filed with the Financial Crimes Enforcement Network.

Sophisticated Estate Planning. A large part of her practice involves the review of clients' overall estate plans, preparation of wills and revocable trusts, and where appropriate, implementation of sophisticated trusts, such as lifetime spousal lifetime access trusts, asset protection trusts, life insurance trusts, dynasty trusts, BOLI trusts, DINGs, BDITs, GRATs and IDITs. Ms. Borowsky also works with closely-held family businesses and professionals on issues involving strategic tax and business planning, the use of captive insurance and the creation of private family foundations and represents executives of publicly traded companies and shareholders of privately held companies going public.  

Modification and Other Advice on Delaware Trusts. Ms. Borowsky routinely advises clients with respect to resolving trust administration matters, modifying trusts, structuring new Delaware trusts and transferring existing trusts to Delaware through decanting or other means.  As the Chair of the state bar statutory drafting committees, she is well versed in the preparation of Delaware directed trusts and in the creation of confidential silent trusts. Ms. Borowsky also has served as an expert witness in matters involving a Delaware directed trusts, spendthrift protection, and an executor’s breach of fiduciary duty.

Litigation and Audits.  Ms. Borowsky represents fiduciaries and beneficiaries in trust and estate litigation. She also handles tax controversy matters, including estate and gift tax audits by the Internal Revenue Service and state taxing authorities. She is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell and listed in The Chambers Guide to the Leading High Net Worth Lawyers.

Areas of Practice

  • Wealth Planning
  • Estate Planning
  • Estate and Trust Administration
  • Fiduciary Litigation

Admissions

  • Delaware
  • New Jersey
  • New York
  • Pennsylvania

Education

  • New York University School of Law, LL.M., Taxation, 1997
  • University of Pennsylvania Carey Law School, J.D., 1992
  • University of Texas, B.A., with highest honors, 1988
    - Phi Beta Kappa

Experience

  • Duane Morris LLP
    - Partner, 2010-present
  • Richards Layton & Finger
    - Associate, 2007-2010; 1997-2001
  • Shimberg & Friel
    - Of Counsel, 2005-2007
  • Cullen and Dykman
    - Associate, 2002-2005
  • Sacks Montgomery P.C.
    - Associate, 1994-1996
  • Saul, Ewing, Remick & Saul
    - Associate, 1992-1993

Professional Activities

  • Fellow, American College of Trust and Estate Counsel (ACTEC)
  • Delaware Estate Planning Council

  • Delaware State Bar Association
    - Trust Act Committee Chair, 2018-present
    - Past Chair of the Estates and Trusts Section, 2014-2015
    - Past Chair of Notice Act Committee, 2014-2017

Honors and Awards

  • Listed in Best Lawyers in America, 2021-2024
  • Named a Best Lawyers "Lawyer of the Year" in Trusts and Estates, Wilmington, Delaware, 2022 and 2024

  • Listed in The Chambers Guide to the Leading High Net Worth Lawyers, 2018-2023

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Selected Publications

Selected Speaking Engagements

  • Speaker, “It’s Time to Get Our [CT]Act Together: Trusts, Family Offices, Private Trust Companies and the Corporate Transparency Act,” 58th Annual Heckerling Institute on Estate Planning, Orlando, Florida, January 10, 2024
  • Co-presenter, “Unveiling the Impact: Exploring the Corporate Transparency Act on Common Law Trusts and Trust Administration,” Webinar, Leimberg Information Services, 2024
  • Co-presenter, “Corporate Transparency Act,rldquo; ACTEC New Jersey Fellows Meeting, Webinar,December 12, 2023
  • Co-panelist, “Corporate Transparency Act and Common Law Trusts,” Boston Social Law Library, Webinar, November 29, 2023

  • Co-presenter, “BEPC Hot Topic Webinar: Modern Trust Planning and The Corporate Transparency Act,” Boston Estate Planning Council, October 24, 2023

  • Co-panelist, “Delaware Update – New Laws, New Cases and Other News," 2023 Delaware Trust Conference, Wilmington, Delaware, October 18, 2023

  • Co-presenter, “Corporate Transparency Act and Common Law Trusts,” National Association of Estate Planners & Councils Robert G. Alexander Webinar series, August 9, 2023

  • Speaker, “Planning to Exit – Sale of the Family Business Toolkit,” AICPA ENGAGE 2023 Conference, Las Vegas, Nevada, June 6, 2023

  • Guest, "Directed Trusts Laws and Related Uniformed Acts," ACTEC Trust and Estate Talk Podcast, June 2023
  • Co-presenter, “It’s Not My Fault…They Made Me Do It: An Update on Directed Trusts,” ACTEC 2023 Annual Meeting, New Orleans, Louisiana, March 4, 2023
  • Featured Speaker, "Corporate Transparency Act Just Got Real For Common Law Trusts," Duane Morris Webinar, March 2023
  • Co-presenter, "2021-2022 Delaware Developments: Improved Statutes! New Cases!," 2022 Delaware Trust Conference, Wilmington, Delaware, October 19, 2022
  • Co-presenter, "2021 Delaware Update: Legislation, Cases and Trends," 2021 Delaware Trust Conference, Wilmington, Delaware, October 20, 2021

  • Speaker, “Business Succession Planning Today: Advising Estate Clients on Choice of Entity, Ownership, and Tax Considerations,” American Law Institute, Webinar, September 14, 2021

  • Speaker, “Having Your Cake and Eating It, Too – Transfer Planning for the Moderate ($11 million) Estate – Planning with Domestic APTs,” Virtual Meeting at University of Southern California Tax Institute, January 27, 2021

  • Speaker, “Year End Gifting Ideas,” Virtual Meeting for Washington, D.C. Estate Planning Council, October 26, 2020

  • Speaker, “A Delaware Update: Legislation, Cases and Trends,” 2020 Delaware Trust Conference, Virtual Meeting for Delaware Bankers Association, October 19, 2020

  • Speaker, “Having Your Cake and Eating It, Too – Transfer Planning for the Moderate ($11 million) Estate – Planning with Domestic APTs,” ACTEC 2020 Annual Meeting, Boca Raton, Florida, March 8, 2020

  • Speaker, "Having Your Cake and Eating It Too," 53rd Annual Heckerling Institute on Estate Planning, Orlando, Florida, January 17, 2019

  • Speaker and Moderator, "Recent Developments in Estate Planning," Delaware Tax Institute, Wilmington, Delaware, December 7, 2018

  • Panelist, “What Really Happens With Trust Cases In Court?," 2018 Delaware Trust Conference, Wilmington, Delaware, October 24, 2018

  • Panelist,  "The More Trustees the Merrier? All About Directed Trusts," New York State Bar Association Trusts and Estates Law Section Spring Meeting, Sea Island, Georgia, May 4, 2018

  • Speaker, "Silent Trusts: The Crossroads Between the Duty to Inform and Report and the Option to Have a Silent Trust,"  Leimberg Information Services, Inc. Webinar, March 23, 2018

  • Speaker, "State Law Pitfalls: Don't Step in It When Your Client Steps Across State Lines," ACTEC Annual Meeting, San Antonio, Texas, March 9, 2018

  • Speaker, “Winning the Wealth Management Game – Deal or No Deal – The Intersection of Third-Party Trusts and Divorce Law,” 2017 Delaware Trust Conference, Wilmington, Delaware, October 25, 2017

  • Speaker, “Comparison of Methods of Modification Under Delaware Law – and Concerns,” ACTEC Mid-Atlantic Regional Meeting, Long Branch, New Jersey, September 16, 2017

  • Speaker, "What Happens in a Spendthrift Trust When a Beneficiary Has a Divorce or a Creditor?" 42nd Annual Notre Dame Tax & Estate Planning Institute, South Bend, Indiana, October 28, 2016
  • Panelist, "Silence is Golden: The Best Way to Set Up a Quiet Trust: Roadmap to Navigating the Issues." 2016 Delaware Trust Conference, Wilmington, Delaware, October 26, 2016
  • Speaker, "Silent Trust Seminar" ACTEC Mid-Atlantic Regional Meeting, Wilmington, Delaware, September 18, 2016
  • Panelist, "Silent Trusts: What You Need to Know About the 2015 Notice Act." Delaware Bar Association, Wilmington, Delaware, February 10, 2016
  • Speaker, "Income Tax Planning for Estate Planning Clients," Delaware County Estate Planning Council Dinner, Media, PA, November 16, 2015
  • Panelist, "Silent Trusts and Beneficiary Notice Considerations," Delaware Bankers Association Trust Conference, Wilmington, DE, October 26, 2015
  • Panelist, "Effective Use of Trust Protectors: An Evolving Role," ALI/CLE telephone seminar/audio webcast, March 24, 2015
  • Speaker, "The Hottest Jurisdiction for Trusts: Delaware," Duane Morris Institute, October 30, 2014
  • Speaker/Moderator, "Drafting Directed Trusts for the Generations," Delaware Bankers Association Trust Conference, Wilmington, Delaware, October 1, 2014
  • Panelist, "Recent Case Law Developments in the Federal Estate, Gift and Generation-Skipping Transfer Tax Areas," Delaware Tax Institute, Wilmington, Delaware, November 15, 2013
  • Speaker, "Trust Situs: Where Should You Go and When Should You Move?," Boston Bar Association CLE, October 30, 2013
  • Moderator/Speaker, "Beneficiary Notification Challenges," Delaware Bankers Association Trust Conference, Wilmington, Delaware, October 2, 2013
  • Speaker, "LLCs Plus: Mastering the Use of Closely Held Businesses in Estate Planning," National Business Institute, Cherry Hill, New Jersey, July 18, 2013
  • Speaker, "Update on Estate Planning with Family Limited Partnerships," Bryn Mawr Trust Company Breakfast Seminar, Haverford, Pennsylvania, January 16, 2013
  • Speaker, "Estate Planning Techniques - Planning with Family Limited Partnerships," National Business Institute, Philadelphia, Pennsylvania, December 18, 2012
  • Panelist, "Recent Case Law Developments in the Federal Estate, Gift and Generation-Skipping Transfer Tax Areas," Delaware Tax Institute, Wilmington, Delaware, November 16, 2012
  • Panelist, Drafting Workshop, "All Roads Lead to Delaware Trusts," Delaware Bankers Association Trust Conference, Wilmington, Delaware, October 3, 2012
  • Panelist, "Hitting the Road," Delaware Bankers Association Trust Conference, Wilmington, Delaware, November 29, 2011
  • Panelist, "Recent Developments in Estate Planning," Delaware Tax Institute, Wilmington, Delaware, November 18, 2011
  • Moderator, "Asset Protection and the Creation of New International Standards – Protect Your Net Worth," International Bar Association Conference, "The New Normal: The Effect of the Global Financial Crisis on Private and Family-Owned Enterprises," Chicago, April 11-12, 2011
  • Panelist, "Recent Developments in Estate Planning," Delaware Tax Institute's "Time to Take Your Medicine" Program, Wilmington, Delaware, November 12, 2010
  • Panelist, "Body, Mind and the Bottom Line Expo," Burlington County College Foundation and the Jewish Community Foundation of Southern New Jersey, Mt. Laurel, New Jersey, March 14, 2010
  • Speaker, "Charitable Giving for the Charitably Hesitant," National Association of Insurance and Financial Advisors (Southern New Jersey Chapter), Deptford, New Jersey, December 9,2009
  • Panelist, "Recent Case Law Developments in Federal Transfer Tax," Delaware Tax Institute, Wilmington, Delaware, November 20, 2009
  • Panelist, "Recent Case Law Developments in Federal Transfer Tax," Delaware Tax Institute, Wilmington, Delaware, January 30, 2009