JANICE L. DAVIES

NC BOARD CERTIFIED SPECIALIST IN ESTATE PLANNING &
PROBATE LAW

Phone: (704) 295-1001
Fax: (704) 295-1004
[email protected]
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JANICE L. DAVIES

The owner and founder of Davies Law, Janice L. Davies’ practice areas include tax and wealth transfer planning for individuals and closely held businesses and probate and administration of estates and trusts. Her work in wealth planning concerns all aspects of estate, gift, generation-skipping transfer, income tax planning, asset protection planning, postmortem planning, and business succession planning. Her experience includes complex wills and revocable trusts, irrevocable trusts, dynasty trusts, charitable trusts, split-interest trusts, and generation-skipping trusts. In the trusts and estates areas, she represents trustees, personal representatives, and interested persons during the administration process.

Her practice also includes the representation of fiduciaries and interested persons in contested trust and estate proceedings and the modification, reformation, and termination of irrevocable trusts. Ms. Davies’ work in the tax and business transactions area includes structuring purchases and sales of closely-held business interests and real estate; formation, funding, and advice regarding the operation of partnerships, limited liability companies, corporations, and non-profit entities; structuring and drafting partnership agreements, operating agreements for limited liability companies, corporate bylaws, and shareholders’ agreements for corporations; planning to minimize the income and transfer tax consequences associated with the qualified plan and IRA distributions; qualifying non-profit entities for tax-exempt status with the Internal Revenue Service; and working with individuals, trusts and business entities in disputes with tax authorities.

Ms. Davies’ experience also includes complex estate and trust administration, international estate planning including domestic wills for non-citizens, premarital planning, Irrevocable Life Insurance Trusts (ILTs), Qualified Personal Residence Trusts (QPRTs), structuring and implementing sophisticated lifetime and testamentary wealth transfer techniques including gifts and sales to grantor trusts, Grantor Retained Annuity Trusts (GRATs), testamentary and lifetime Charitable Reminder Trusts (CRTs) and lifetime Charitable Lead Trusts (CLTs), and Spousal Lifetime Access Trusts (SLATs).

OVERVIEW

Ms. Davies’ practice areas include tax and wealth transfer planning for wealthy individuals and closely held businesses, and probate and administration of estates and trusts. Her work in wealth planning concerns all aspects of estate, gift, generation‐skipping transfer, income tax planning, asset protection planning, postmortem planning, and business succession planning. Her experience includes complex wills and revocable trusts, irrevocable trusts, dynasty trusts, charitable trusts, split‐interest trusts, and generation‐skipping trusts. In the trusts and estates areas, she represents trustees, personal representatives, and interested persons during the administration process.

Her practice also includes the representation of fiduciaries and interest persons in contested trust and estate proceedings and the modification, reformation, and termination of irrevocable trusts. Ms. Davies’ work in the tax and business transactions area includes structuring purchases and sales of closely held business interests and real estate; formation and advice regarding the operation of partnerships, limited liability companies, corporations, and nonprofit entities; structuring and drafting partnership agreements, operating agreements for limited liability companies, corporate bylaws, and shareholders’ agreements for corporations; planning to minimize the income and transfer tax consequences associated with the qualified plan and IRA distributions; qualifying nonprofit entities for tax-exempt status with the Internal Revenue Service; and working with individuals, trusts and business entities in disputes with tax authorities.

ACTEC

THE AMERICAN COLLEGE OF TRUST AND ESTATE COUNSEL FELLOW

The American College of Trust and Estate Counsel, ACTEC, is a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors. Our members, “Fellows,” are the best and brightest in the trust and estate practice, with decades of experience representing and advising families.

EDUCATION & ADMISSIONS

EDUCATION

LL.M., Estate Planning, University of Miami School of Law, 2000


J.D., law review, Campbell University School of Law, 1999


B.S., cum laude, Pfeiffer University, 1993

ADMISSIONS

North Carolina, 1999


South Carolina, 2001


District of Columbia, 2001


Pennsylvania, 2008


Florida, 2011

MEMBERSHIPS & RECOGNITION

PROFESSIONAL MEMBERSHIPS

North Carolina State Bar


South Carolina State Bar


District of Columbia Bar


Pennsylvania State Bar


Florida State Bar


American Bar Association (Member: Real Property, Trust & Estate Law Section)


North Carolina Bar Association (Member: Tax Section; Member and Treasurer for Council: Estate Planning and Fiduciary Law Section; Member: Estate Planning & Fiduciary Law Section Legislative Committee; Member and Past Chair: Estate Planning & Fiduciary Law Section Newsletter Committee; Past Member, Estate Planning & Fiduciary Law Section Continuing Legal Education Committee; Past Chair, Joint Task Force for NC Clerks of Superior Court)


Mecklenburg County Bar Association (Member: Estates, Trusts, and Probate Law Section)


Charlotte Estate Planning Council


The Queens University of Charlotte, Instructor: Certified Financial Planner, Estate Planning Course


Board Certified Specialist in Estate Planning and Probate Law

PROFESSIONAL RECOGNITION

Fellow, The American College of Trust and Estate Counsel


Board Certified Specialist in Estate Planning and Probate Law (NC)


Martindale-Hubbell®, AV Preeminent for Trusts and Estates


Listed in Best Lawyers in America® for Trusts and Estates since 2013


Selection to Super Lawyers® since 2016


Listed in U.S. News & World Report for 2016


Best Law Firms in North Carolina, November 2015


Listed in Business North Carolina for 2016


Legal Elite in Tax and Estate Planning, 2016


OF NOTE

The Queens University of Charlotte, McColl School of Business Instructor: Certified Financial Planner, Estate Planning


The Queens University of Charlotte, Instructor: Caring for the Elderly, Estate Planning


North Carolina Bar Association, 4ALL Campaign (Volunteer, Charlotte Telephone for Estate Planning)


Legal Aid of North Carolina (Volunteer, case referral monthly for Estates and Trusts)


The Queens University of Charlotte Estate Planners Day (Former Chair and Former Member, Executive Steering Committee)


Foundation For the Carolina's (Former Member, Professional Advisory Cabinet)


North Carolina Bar Association, Wills for Heroes
(Former Volunteer)


CBS Radio, Host: Francene Marie Morris
(Radio Guest, Estate Planning)


EXPERT EXPERIENCE

Anderson County, South Carolina Probate Court,
(Testimony), November 7, 2013


Johnson County, North Carolina (Settled before Testimony),
January 16, 2015


PUBLICATIONS

Author, “Introduction to the North Carolina Uniform Power of Attorney Act;” The Will and the Way, NCBA Estate Planning and Fiduciary Law Section, October 2017


Author, “Duty to Inform and Report – A Cautionary Tale: Disclosure, Really?;” The Will and the Way, NCBA Estate Planning and Fiduciary Law Section, April 2014


Author, “Respect for Testator’s Intent When Probating Out-of-State Wills;” The Will and the Way, NCBA Estate Planning and Fiduciary Law Section, November 2013


Author, “Clearing the Hurdle of Unrelated Business Taxable Income,” The Will and the Way, NCBA Estate Planning and Fiduciary Law Section, April 2003


Author, “Recent Developments,” The Will and the Way, NCBA Estate Planning and Fiduciary Law Section, December 2002 (co-author), March, May, and June 2004


Author,” A ‘New World’ Under the Final Minimum Required Distribution Regulations?” The Will and the Way, NCBA Estate Planning and Fiduciary Law Section, December 2002

PRESENTATIONS & MANUSCRIPTS

Presenter and Author, “Introduction to the North Carolina Uniform Power of Attorney Act;’ Mecklenburg County Bar, 2018 Advance Issues in Estate Planning, Charlotte, North Carolina, January 26, 2018


Co-presenter, “N.C. Uniform Power of Attorney Act;’
North Carolina Administrative Office of the Courts, webinar for the multidisciplinary audience, December 12, 2017


Presenter and Author, “A Preface to the North Carolina Uniform Power of Attorney Act,” North Carolina Bar Association, Power of Attorney: 2018 NC Uniform Power of Attorney Act, Cary, North Carolina, November 3, 2017


Presenter and Author, “North Carolina Legislative Update – North Carolina Uniform Power of Attorney Act,” North Carolina Bar Association, 38th Annual Estate Planning and Fiduciary Law Program, Kiawah Island, South Carolina, July 29, 2017


Co-presenter and co-Author, “North Carolina Legislative Update;’
North Carolina Bar Association, 37th Annual Estate Planning and Fiduciary Law Program, Asheville, North Carolina, July 23, 2016


Presenter and Author, “All’s Well That Ends Well – Our Remedies Oft in Ourselves Do Lie”
North Carolina Bar Association, 36th Annual Estate Planning and Fiduciary Law Program, Kiawah Island, South Carolina, July 31, 2015


Presenter and Author, “Certain Trends in Fiduciary Litigation,” North Carolina Bar Association, Cary, North Carolina, February 4, 2015


Co-Presenter, “The Rapidly Changing Landscape of Estate and Financial Planning for Same-Sex Couples,” BB&T Wealth, Charlotte, North Carolina, Webinar, November 18, 2014


Presenter and Author, “The Mobile Client: Certain Considerations Regarding Wills and Trusts,” Mecklenburg County Bar, Charlotte, North Carolina, February 4, 2014


Co-Presenter and Co-Author, “Multi-State Issues for Estate Planners in the Carolinas;’ North Carolina Bar Association, 32nd Annual Estate Planning and Fiduciary Law Program, Kiawah Island, South Carolina, July 22, 2011


Presenter and Author, “Repeal of North Carolina Rule Against Perpetuities,”
North Carolina Bar Association, 30th Annual Estate Planning and Fiduciary Law Program, Kiawah Island, South Carolina, July 16, 2009


Presenter and Co-Author, “Planning & Drafting Marital Deduction Formula Bequests,” North Carolina Bar Association, Greensboro, North Carolina, February 2, 2007, and May 1, 2009


Presenter and Co-Author, “Gross Estate,” North Carolina Bar Association, Greensboro, North Carolina, November 1, 2007, October 6, 2010, September 26, 2013


Presenter and Co-Author, “Will Drafting: Non-Tax Issues,” North Carolina Bar Association, Cary, North Carolina, January 27, 2006, February 1, 2008, and January 27, 2010, February 3, 2012; February 7, 2014; February 5, 2016, February 9, 2018


Co-Presenter and Co-Author, “Charitable Trusts, Trusts with Retained Interests, and Special Assets Trusts,” Sterling Education Services, Inc., Charlotte, North Carolina, June 24, 2008


Presenter and Author, “North Carolina Updates,” 29th Annual Estate Planners Day, Queens University, Charlotte, North Carolina, March 16, 2007


Co-Author, “Anti-Abuse Legislation and its Impact on Estate Planning;’ North Carolina Bar Association, 24th Annual Estate Planning and Fiduciary Law Program, Kiawah Island, South Carolina, July 2003


Presenter, “Beneficiary Designations for Retirement Plans,”
Campbell University, Norman Adrian Wiggins School of Law, 2013