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Jay S. Rosenberg

Jay S. Rosenberg

Jay S. Rosenberg

Senior Counsel

Jay is a native of San Antonio, Texas, and has been admitted to the State Bar of Texas for over 25 years. Jay advises and provides counsel to clients on a wide range of estate, tax planning, trust creation, asset protection, wealth preservation and wealth transfer planning matters.

Biography

Jay is a native of San Antonio, Texas, and has been admitted to the State Bar of Texas for over 25 years. Jay advises and provides counsel to clients on a wide range of estate, tax planning, trust creation, asset protection, wealth preservation and wealth transfer planning matters including gifting and other charitable planning; succession planning, including planning for family owned businesses; retirement planning and fiduciary matters; the preparation of wills, trust agreements, and other estate planning and incapacity planning documents; business matters including the formation and structure of limited liability and other entities and transfer of interests for individual clients, family offices, and closely-held entities; and the representation of corporate and individual executors in probate, estate, and trust administration, including the preparation of federal gift and federal estate tax returns.

Prior to joining Uhl Fitzsimons, Jay provided advice and counsel for over 19 years based at the headquarters of a major Fortune 500 company in San Antonio where he was an Executive Director Attorney and member of the firm’s Executive Management Group and General Counsel team. He advised and provided counsel regarding complex trust and estate matters, tax compliance matters, retirement plan and ERISA matters, fiduciary matters, wealth management matters, 529 College Savings Plan matters, business matters, and regulatory matters.

Prior to that time, Jay was a Senior Manager in the Tax Services division of a Big Four professional services firm’s San Antonio office where he advised high-net worth individuals, family offices, business owners and corporate executives in South Texas regarding sophisticated estate planning, gifting, succession planning, wealth transfer, asset protection, tax implementation, and tax reporting matters.

Prior to that, Jay was an attorney and Vice President in the East Coast headquarters of a major broker-dealer and mutual fund company where he negotiated and advised regarding strategic and tax-oriented transactions and the creation of specialized entities. He advised the firm’s teams who dealt with ultra-high net worth clients including family offices, individuals, and privately-held entities with respect to matters including wealth preservation and transfer diversification, and minimization of taxes.

Prior to attending law school, Jay advised Texas high net worth families and business owners regarding their taxable and tax-advantaged investment portfolios.

Professional Qualifications

Admitted to the Texas Bars
Member of the State Bars of Texas (1998)
New York (1995)
New Jersey (1995)

Admitted to United States Tax Court

Legal Education:
Benjamin N. Cardozo School of Law, Yeshiva University (J.D., 1995)

Undergraduate Education:
University of Texas at Austin (B.B.A., Finance, 1986)

Representative Experience

  • Advised high-net worth individuals, family offices, business owners and corporate executives in South Texas regarding sophisticated estate planning, gifting, succession planning, wealth transfer, asset protection, tax implementation, and tax reporting matters.
  • Advised regarding multiple tax and estate matters involving complex wills and trusts and powers of attorney including compliance with applicable sections of the Internal Revenue Code, Treasury Regulations, Texas Estates Code, and Texas Trust Code.
  • Advised regarding distribution rights and control pursuant to wills, trusts, powers of attorney, and non-testamentary beneficiary designation, including competing claims.
  • Advised regarding the ability of guardians and conservators to act with respect to the assets of wards and conservatees in connection with various asset classes.
  • Advised regarding implementation of donor advised funds.
  • Advised regarding prohibited transaction rules with respect to IRA and ERISA retirement plan matters (including compliance with Internal Revenue Code section 4975 and ERISA section 406) and the availability of Prohibited Transaction Exemptions, Class Exemptions, and other applicable exemptions.
  • Advised regarding entity formation including limited liability entities for multiple regulated transactions.
  • Advised regarding multiple private placements and limited partnership interests offered pursuant to Regulation D of the Securities Act of 1933.
  • Advised regarding Section 529 College Savings Plan tax-related matters.
  • Advised regarding IRS closing agreements regarding multiple similarly situated taxpayers.

Professional Affiliations

  • Member, American Bar Association, Sections of Real Property, Trust and Estate Law; Taxation; and Business Law
  • Member, State Bar of Texas, Sections of Real Estate, Probate, and Trust Law; Tax Section; Business Law; and Oil, Gas, and Energy Resources Law
  • Member, San Antonio Estate Planners Council

Publications

  • Drafting and negotiation of oil and gas leases, deeds and mineral title instruments
  • Representation of land trusts in negotiation of conservation easements and mitigation banking transactions
  • Matters relating to development and preservation of groundwater resources
  • Drafting and negotiation of solar leases, wind leases and related option agreements
  • Drafting and negotiation of pipeline, road and electric easements, cell tower leases, hunting leases, grazing leases, agricultural leases and other surface matters
  • Matters relating to mining of coal, lignite, uranium and asphalt
  • Negotiation of salt water disposal agreements and protest of waste disposal facilities
  • Representation of landowners in the purchase and sale of farm and ranch properties
  • Mineral title research on thousands of acres of mineral properties in multiple states
  • Representation of mineral owners in deed interpretation disputes and royalty recoupment matters