Our People

Kathleen R. Sherby

Partner

, Bryan Cave LLP
St. Louis

Tel

1 314 259 2224

Fax

1 314 552 8224
krsherby@bryancave.com
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Kathleen R. Sherby

Partner


St. Louis



One Metropolitan Square
211 North Broadway, Suite 3600
St. Louis, Missouri 63102-2750

Phone:

1 314 259 2224

Fax:

1 314 552 8224

email:

krsherby@bryancave.com

Kathleen Sherby is a partner in the Private Client Group and co-leader of the Fiduciary Litigation Team.

Ms. Sherby's practice involves representation of private individuals in all aspects of wealth transfer planning, including the implementation of sophisticated planning techniques involving grantor retained annuity trusts, family limited partnerships/limited liability companies, charitable remainder trusts, charitable lead trusts and other similar wealth transfer techniques.

Ms. Sherby has represented both trustees and beneficiaries on a wide variety of fiduciary issues and has advised trustees over the years as to their fiduciary duties in administering trusts. In addition, Ms. Sherby has represented the taxpayer in estate and gift tax audits, in U.S. District Court, the U.S. Tax Court, and in the Missouri Supreme Court. A particular focus of her practice is estate planning for retirement benefits, integrating the planning for minimization of transfer tax and income tax with the required minimum distribution rules.

Ms. Sherby has represented many business owners in developing an effective business succession plan, which has included strategies to transition the business to the next generation as well as working through the sale of the business where appropriate. She has also advised trustees on handling and selling a business and real estate as unique trust assets.

Ms. Sherby is a well known national lecturer on all of these topics at significant national conferences.

An active participant in the estate planning bar, Ms. Sherby is a Fellow of the American College of Trust and Estate Counsel, and is currently President and a Regent of the College and has served as chair of the Employee Benefits in Estate Planning Committee and as Missouri State Chair. She has also served as chair of the Probate and Trust Committee of the Missouri Bar, as chair of the Probate Section of the Bar Association of Metropolitan St. Louis and as president of the Estate Planning Council of St. Louis.

Areas of Concentration:

Estate planning for retirement benefits, planning for privately held businesses including succession planning, all phases of estate planning, fiduciary and tax litigation, post mortem planning and trust administration including fiduciary income taxation and principal and income accounting, and the negotiation and preparation of marital agreements.

Professional Affiliations

  • Fellow of the American College of Trust and Estate Counsel - President 2014 - 2015, Board of Regents 1998 - 2004, and 2010 - Present, Strategic Planning Task Force - Co-Chair 2004 - 2006; Employee Benefits in Estate Planning Committee, Chair 2008 - 2011, and Member 1990 - Present; Task Force 2000 - Member 1999 - 2001, Fiduciary Litigation Committee, 2001- Present, Missouri State and Midwest Region Chair 2002 - 2007, Membership Selection Committee 2002 - 2010, Chair 2007 - 2008

  • Missouri Bar Association - Probate and Trust Committee - Chair, 1992 - 1994, Probate Law Revision Subcommittee - Chair, 1988 - 1992

  • Bar Association of Metropolitan St. Louis - Probate and Trust Section Steering Committee, 1982 - 1996, Probate Section - Chair, 1986 - 1987

  • Estate Planning Council of St. Louis - Board Member and Officer, 1982 - 1991, President 1986 - 1987

Civic Involvement and Honors

Listed in:

  • Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™

  • The Best Lawyers in America© (St. Louis Lawyer of the Year, Trusts and Estates, 2015)

  • Who’s Who in American Law

  • Who’s Who of American Women

  • Who’s Who in the Midwest

  • Madison’s Who’s Who

  • Missouri & Kansas Super Lawyers (top 50 female lawyers in Missouri, top 100 lawyers in Missouri)

Civic Involvement:

  • St. Louis Science Center - Board of Directors, 2000 - 2008, and 2010 - Present, Chair of Gift Planning Committee
  • American Red Cross St. Louis Chapter – Board of Directors, 2000 – 2006, V.P. Finance, 2004-2006
  • Junior League of St. Louis – Board of Directors, 1989 – 1990

  • St. Louis University Bequest and Gift Council, 1990 – 2001; Chair, 1997-1998

  • St. Louis Forum – President, 1995-1996

  • Girl Scout – Council, Development Committee 1986 – 1990

  • Alzheimer’s Association Planned Giving Council 1994 – 1996

  • Children’s Hospital Planned Giving Council 1995 – 2005  

  • Diocesan Investment Trust of Episcopal Diocese of Missouri – Trustee, 1995 – 2001 and 2005 – Present

  • Church Of St. Michael And St. George – Church Vestry, 1997 – 1999, Junior Warden, 1998 – 1999; Endowment Fund Trustee, 1997 to Present; Finance Committee, 1997 to Present

Kathleen Sherby is a partner in the Private Client Group and co-leader of the Fiduciary Litigation Team.

Ms. Sherby's practice involves representation of private individuals in all aspects of wealth transfer planning, including the implementation of sophisticated planning techniques involving grantor retained annuity trusts, family limited partnerships/limited liability companies, charitable remainder trusts, charitable lead trusts and other similar wealth transfer techniques.

Ms. Sherby has represented both trustees and beneficiaries on a wide variety of fiduciary issues and has advised trustees over the years as to their fiduciary duties in administering trusts. In addition, Ms. Sherby has represented the taxpayer in estate and gift tax audits, in U.S. District Court, the U.S. Tax Court, and in the Missouri Supreme Court. A particular focus of her practice is estate planning for retirement benefits, integrating the planning for minimization of transfer tax and income tax with the required minimum distribution rules.

Ms. Sherby has represented many business owners in developing an effective business succession plan, which has included strategies to transition the business to the next generation as well as working through the sale of the business where appropriate. She has also advised trustees on handling and selling a business and real estate as unique trust assets.

Ms. Sherby is a well known national lecturer on all of these topics at significant national conferences.

An active participant in the estate planning bar, Ms. Sherby is a Fellow of the American College of Trust and Estate Counsel, and is currently President and a Regent of the College and has served as chair of the Employee Benefits in Estate Planning Committee and as Missouri State Chair. She has also served as chair of the Probate and Trust Committee of the Missouri Bar, as chair of the Probate Section of the Bar Association of Metropolitan St. Louis and as president of the Estate Planning Council of St. Louis.

Areas of Concentration:

Estate planning for retirement benefits, planning for privately held businesses including succession planning, all phases of estate planning, fiduciary and tax litigation, post mortem planning and trust administration including fiduciary income taxation and principal and income accounting, and the negotiation and preparation of marital agreements.

Bar and Court Admissions

Missouri, 1976

United States Court of Appeals for the Eighth Circuit

United States District Courts for the Eastern and Western Districts of Missouri

United States Tax Court

Education

Saint Louis University, J.D., magna cum laude, Order of the Woolsack, 1976

Saint Louis University, A.B., magna cum laude, Phi Beta Kappa, 1969

Speeches and Seminars

  • "Advanced Estate Planning," American Law Institute-CLE, February, June and October, 2014
  • "Residence Planning for State Income Taxation of Irrevocable Trusts," U.S. Bank, July 2014
  • "Hot Topics in Employee Benefits," American Law Institute-CLE, April 2014
  • "Advanced Estate Planning," American Law Institute-CLE, February, June and October, 2013
  • "Hot Topics in Employee Benefits," American Law Institute-CLE/ACTEC, November 2013
  • "Trust Protectors: The Role and Characteristics of a Third Party Decision Maker," MOKAN, May 2013
  • "You Made It! Now What? Hot Topics in Planning for the Effective Disposition of Qualified Plans and IRAs," Seattle EPC, November 2012
  • "Advanced Estate Planning," American Law Institute-CLE, February, June and September, 2012
  • "Trust Protectors: The Role and Characteristics of a Third Party Decision Maker," American Law Institute-CLE, July 2012
  • "You Made It! Now What? Hot Topics in Planning for the Effective Disposition of Qualified Plans and IRAs," American Law Institute-CLE, April 2012
  • "Trust Protectors: The Role and Characteristics of a Third Party Decision Maker," Arizona Bar and Missouri Bar, April and June 2011
  • "Advance Estate Planning," ALI-ABA, February, June and September 2011, and February 2012
  • "Living With Change: The Future for Estate and Business Planning Practices," ACTEC, May 2011
  • "You Made It! Now What? Hot Topics in Planning for the Effective Disposition of Qualified Plans and IRAs," ALI-ABA, May 2011
  • "Who Gets What in my House?," Bank of the West, May 2011
  • "The Status of the Estate Tax and Planning Opportunities," Klaris, Thomason & Schroeder, Inc., November 2010
  • "Looking a Gift Horse in the Mouth - Protecting Inherited IRAs from Creditors," University of Missouri, Kansas City, October 2010
  • "To Convert or Not To Convert: The Hows and Whys of Roth Conversions," University of Missouri, Kansas City, October 2010
  • "Now That You Have It - What Do You Do With It? Hot Topics in Planning for the Effective Disposition of Qualified Plans and IRAs," Institute of Continuing Legal Education in Georgia and National Business Institute, July 2010
  • "A Guide Through the Minefields: Selected Retirement Plan Issues for the Estate Planner," Seattle Estate Planning Council, October 2009
  • "Entering the Dragon’s Lair – Know Where the Fire is Being Directed (and Avoid it)," American College of Trust and Estate Counsel, June 2008
  • "Prohibited Transactions and Self-Directed IRA," ALI-ABA Webcast, May 2008
  • "Lifetime Rollover," ALI-ABA Webcast, May 2008
  • "Hot Topics for Retirement Benefits," Missouri Kansas Bankers Association, May 2008
  • Distribution Planning Webcast, American Law Institute/American Bar Association, May 2008
  • "Recent Developments," American Red Cross, April 2008
  • "Picking up the Pieces After the Best Laid Plans Fall Short (Construction, Instruction, Reformation and Modification Issues)," Bar Association of Metropolitan St. Louis, February 2008
  • "Working with the Estate Planning Team," Estate Planning Council of St. Louis, January 2008
  • "Selected Hot Topics in Planning for the Tax Efficient Disposition of Qualified Plans," Seattle Estate Planning Council, October 2007
  • "Now That You Have it - What Do You Do With It? Planning for the effective Disposition of Qualified Plans and IRAs", American Law Institute-American Bar Association, June 2006 and 2007
  • "Tax and Distribution Issues when Trust is a Beneficiary," University of Missouri – Kansas City, November 2007
  • "Handling an Estate Tax Audit," 32nd Annual Notre Dame Tax and Estate Planning Institute, October 2006
  • "Bankruptcy Law and Estate Planning," Missouri Bar Association, October 2006
  • "Estate Planning for Retirement Benefits: Dotting The I’s and Crossing The T’s," MOKAN Trust Conference, May 2006, and Illinois Institute of CLE, November 2004
  • "Tax Controversy Work – Winning Cases Through Mastering Procedure," University of Miami Heckerling Institute, January 2005, and American College of Trust and Estate Counsel, June 2003
  • "The Cinderella Trust Plan – But Will the Shoe Fit in the Morning?" University of Southern California, January 2005 and University of Missouri/Kansas City, May 2005
  • "Estate Planning for Retirement Benefits – Dotting the I’s and Crossing the T’s," Illinois Continuing Legal Education Foundation, June 2005
  • "Ten Items to Consider NOW in Drafting Under the New Missouri Uniform Trust Code," University of Missouri/Kansas City, September 2005
  • "How to Handle the Estate Tax Audit – A Practitioner’s Primer on Dealing with Estate Tax Audits," Southern Federal Tax Institute, September 2005
  • "How to Structure the Beneficiary Designation for IRAs and Qualified Plans – How to Name a Trust as Beneficiary," University of Missouri/Kansas City, September 2004 and September 2002
  • "Charitable Planning and Charitable Solutions for Wealth Transfer in the New Millennium," Episcopal Diocese of Missouri, March 2003
  • "Winter Estate Planning Practice Update Including "What are We Telling Our Clients?" Notice 2002-8 and Proposed Split Dollar Regulations", American Law Institute-American Bar Association, February 2003
  • "Summer Estate Planning Practice Update," American Law Institute-American Bar Association, June 2002
  • "Recent Developments in Estate, Gift, GST, Minimums Distribution Requirements and Related Income Tax Issues," Bar Association of Missouri Estate Planning Institute, April 2002
  • "Ethics for Estate Planning Practice – Panel Discussion," Missouri Bar Association, March 2002
  • "Counseling Clients on Personal and Family Issues Related to Wealth," American College of Trust and Estate Counsel, March 2002
  • "Ethics in Estate Planning – Panel Discussion," University of Miami Heckerling Institute, January, 2002
  • "Advanced Estate Planning for Retirement Plan Distributions (Under 2001 Proposed Minimum Distribution Regulations)", AAA-CPA, November 2001
  • "Estate Planning In a Changing Environment – Out With the Old, In With the New, Back With the Old," St. Louis Zoo, September 2001
  • "What's New and What's Not Under the 2001 Proposed Minimum Distribution Regulations," University of Missouri/Kansas City, June 2001
  • "A Step Through the Looking Glass: A Practical Guide Through the Topsey Turvey Wonderland of Beneficiary Designations," Society of Financial Service Professional, January 2001

Professional Affiliations

  • Fellow of the American College of Trust and Estate Counsel - President 2014 - 2015, Board of Regents 1998 - 2004, and 2010 - Present, Strategic Planning Task Force - Co-Chair 2004 - 2006; Employee Benefits in Estate Planning Committee, Chair 2008 - 2011, and Member 1990 - Present; Task Force 2000 - Member 1999 - 2001, Fiduciary Litigation Committee, 2001- Present, Missouri State and Midwest Region Chair 2002 - 2007, Membership Selection Committee 2002 - 2010, Chair 2007 - 2008
  • Missouri Bar Association - Probate and Trust Committee - Chair, 1992 - 1994, Probate Law Revision Subcommittee - Chair, 1988 - 1992
  • Bar Association of Metropolitan St. Louis - Probate and Trust Section Steering Committee, 1982 - 1996, Probate Section - Chair, 1986 - 1987
  • Estate Planning Council of St. Louis - Board Member and Officer, 1982 - 1991, President 1986 - 1987

Civic Involvement and Honors

Listed in:

  • Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™
  • The Best Lawyers in America© (St. Louis Lawyer of the Year, Trusts and Estates, 2015)
  • Who’s Who in American Law
  • Who’s Who of American Women
  • Who’s Who in the Midwest
  • Madison’s Who’s Who
  • Missouri & Kansas Super Lawyers (top 50 female lawyers in Missouri, top 100 lawyers in Missouri)

Civic Involvement:

  • St. Louis Science Center - Board of Directors, 2000 - 2008, and 2010 - Present, Chair of Gift Planning Committee
  • American Red Cross St. Louis Chapter – Board of Directors, 2000 – 2006, V.P. Finance, 2004-2006
  • Junior League of St. Louis – Board of Directors, 1989 – 1990
  • St. Louis University Bequest and Gift Council, 1990 – 2001; Chair, 1997-1998
  • St. Louis Forum – President, 1995-1996
  • Girl Scout – Council, Development Committee 1986 – 1990
  • Alzheimer’s Association Planned Giving Council 1994 – 1996
  • Children’s Hospital Planned Giving Council 1995 – 2005  
  • Diocesan Investment Trust of Episcopal Diocese of Missouri – Trustee, 1995 – 2001 and 2005 – Present
  • Church Of St. Michael And St. George – Church Vestry, 1997 – 1999, Junior Warden, 1998 – 1999; Endowment Fund Trustee, 1997 to Present; Finance Committee, 1997 to Present

Education

  • Saint Louis University, J.D., magna cum laude, Order of the Woolsack, 1976
  • Saint Louis University, A.B., magna cum laude, Phi Beta Kappa, 1969

Admissions

  • Missouri, 1976
  • United States Court of Appeals for the Eighth Circuit
  • United States District Courts for the Eastern and Western Districts of Missouri
  • United States Tax Court