Jason Kohout

Jason Kohout is a partner and business lawyer practicing with Foley & Lardner LLP in its Estates & Trusts Practice. He advises individuals and closely-held businesses with regard to estate planning and related issues. He focuses his practice on closely-held business planning, estate and income tax planning, and trust administration. A significant amount of his practice is related to planning complex charitable gifts, and he works for both individual donors and local and national organizations in this area.

Jason advises individuals and families relating to all aspects of estate planning. He has experience working with high net worth individuals and families to plan and implement complex estate planning techniques. He also works with planning surrounding qualified and non-qualified retirement plans, including IRAs and 401(k)s, and other compensation items.

Jason focuses on all aspects of owning a closely-held business, including on-going income tax planning, governance and management issues, business succession planning, estate planning, and the sale process. Jason's background in income tax (and state income tax issues) is helpful in juggling the many issues inherent in family ownership.

He has advised both donors and charities on how to facilitate tax-advantaged charitable contributions, including contributions of interests in operating entities and in highly appreciated assets. He has formed numerous special purpose charitable vehicles, including charitable remainder unitrusts, charitable lead trusts, private foundations, and supporting organizations.

Jason serves on the firm’s Trust Investment Committee, which provides advice to the firm’s fiduciaries regarding investment decisions. He also works with a variety of investment managers and provides insight into clients’ non-public investments. He has also provided assistance to a number of family offices.

In addition to his work with individuals, Jason advises a variety of tax-exempt organizations in all aspects of formation and on-going operations, including charitable fundraising. He currently assists a large membership organization with unrelated business income tax issues related to licensing activities. He advises a number of organizations regarding political and lobbying activities. Recently, he formed two organizations to operate national donor-advised funds. In all, he has organized about 100 different organizations.

Jason has co-developed Foley's Charitable Academy, a presentation series to prepare professionals for board service and involvement with non-profits as pro bono advisors.

Aside from his estate and trusts work, Jason's practice includes a wide variety of corporate matters. He has experience with mergers and acquisitions, internal business reorganizations, and start-up businesses.

The coming wave of third-party enforcement mechanisms to protect donor intent

What may become a common way of “contracting out” the role of ensuring steadfast adherence to the will of the donor.