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Donald R. Tescher

Donald R. Tescher has more than five decades of legal experience handling trusts and estates, taxation, and probate matters. Mr. Tescher is a dual graduate of the University of Florida, where he earned his BSBA in Accounting and his law degree. He went on to earn his LL.M. in Taxation from New York University.

Since 2008, Mr. Tescher ran Tescher & Spallina, P.A. followed by Tescher & Associates, P.A. until joining Shapiro, Blasi, Wasserman & Hermann, P.A., one of South Florida’s largest independent law firms, where he serves as Of Counsel to the estate planning practice division.

Mr. Tescher has been recognized among the top attorneys in his field by the industry’s leading organizations. For more than a decade, he was listed in Best Lawyers in America for Taxation and Trusts and Estates and named a 2018 “Lawyer of the Year” for Trusts and Estates in his region. Mr. Tescher has been ranked as one of 50 leading lawyers nationally in Wealth Management and as one of the four leading individuals in Florida in Estate Planning in “America’s Leading Lawyers for Business Guide,” published by Chambers and Partners from 2006 through 2016. Additionally, he has been featured as one of the 100 Leading Attorneys in America in Wealth Planning by the Robb Report Worth Magazine, named to Florida Trend’s Legal Elite, and listed as one of the 100 Top Lawyers in Florida by Super Lawyers.

Outside the office, Mr. Tescher has been actively involved with the American Bar Association’s Section of Taxation and Section of Real Property, Probate and Trust Law. He has also held several leadership roles within The Florida Bar’s Tax and Real Property, Probate and Trust Law Sections.

Mr. Tescher has been an Adjunct Professor at the University of Miami School of Law covering Graduate Tax Programs. Additionally, he served as an Instructor in Estate, Gift, and Generation Skipping Taxes for The Florida Bar Tax Section’s Tax Certification Review Course. He is a former Fellow of the American College of Trust and Estate Counsel and the American College of Tax Counsel.

Highlights

Areas of Practice


  • Estate and Family Wealth Planning

  • Planning for Asset Protection

  • Trusts, Estates & Guardianship Administration

  • Wills & Trusts

  • Taxation


Litigation Percentage

5%

Current Position

Of Counsel

Bar Admissions


  • Florida, 1969

  • U.S. Tax Court, 1973


Education


  • LL.M. in Taxation, New York University, 1973

  • J.D., University of Florida, 1969

  • BSBA (Accounting), University of Florida, 1966


Published Work, Lectures & Presentations


  • Published Work:

    • “The Unsettled State of Estate Planning in 2012,” South Florida Legal Guide Financial Edition, 2012

    • “Testamentary Charitable Lead Trusts: When Should They Be Used for Estate Planning, and Don’t Overlook the Income Tax Planning Opportunities,” BNA, Inc. Tax Management Memorandum, Volume 49, Number 22, October 27, 2008 (coauthored)

    • “Tax Consequences of Settlements of Estate and Trust Disputes,” Part 1: Estate Planning, November 2006; Part II, December 2006 (coauthored)

    • “The Frozen T-CLAT,” Trusts and Estates, July 2004 (coauthored)



  • Presentations

    • ACTEC Florida Fellows Institute, “Charitable Lead Trust Planning,” November 2016

    • ACTEC Florida Fellows Institute, “Charitable Planning,” November 2015

    • The Florida Bar Tax Section 2015 Tax Seminar, “My Best Planning Ideas: Tricks and Treats,” October 2015

    • The Florida Bar Real Property, Probate & Trust Law Section 2014 Probate Law Seminar, “50+ Tax and Tax Related Issues in Probate,” December 2014

    • Community Foundation of Palm Beach and Martin Counties Monthly Professional Advisors Roundtable,” Status of Florida Family Trust Company Proposed Legislation: A New Arrow in Our Quiver for High Net Worth Families,” January 2014

    • The Florida Bar Real Property, Probate & Trust Law Section Attorney/Trust Officer Liaison Conference, “We Worked Hard for the Money: Setting and Getting Attorneys’ and Fiduciaries’ Fees in Probate and Trust Matters,” June 2013 (panel presentation)

    • SunTrust Roundtable, “Florida Family Trust Company Proposed Legislation: A Proposed New Arrow in Our Quiver,” February 2013

    • Community Foundation for Palm Beach and Martin Counties, Central Palm Beach County Estate and Tax Roundtable, “Sophisticated Charitable Gifting and Planning: The Frozen T-CLAT,” February 2012

    • Association of Fundraising Professionals, Palm Beach County Chapter, “Current Developments Affecting the Not For Profit Community,” December 2011

    • Florida Family Office Forum, “Florida Family Trust Company Proposed Legislation: Panacea or Problematic?” November 2011

    • The Florida Bar Tax Section Annual Meeting, American (Transfer Tax) Idols Symposium III, “Current Developments in Legislation Effecting Transfer Tax Planning,” April 2011 (panel discussion)

    • South Palm Beach County Bar Association Probate Law Committee Lunch with the Judge, “Estate and Gift Tax Audits: The Good, The Bad and The Ugly,” January 2011

    • Central Florida Estate Planning Council, “Estate and Gift Tax Audits: The Good, The Bad and The Ugly,” January 2011 (co-presented)

    • Community Foundation Roundtable, “The Frozen T-CLAT and Other Charitable Lead Trust Planning Techniques,” December 2010 (co-presented)




Professional Experience


  • Adjunct Professor, University of Miami School of Law, Graduate Tax Programs

    • Estate Planning and Drafting; Advanced Wealth Transfer Taxation, 1992-1997

    • Tax Accounting Methods; Fiduciary Administration; Federal Estate & Gift Tax; Estate Planning Seminar, 1974-1980



  • Instructor in Estate, Gift, and Generation Skipping Taxes, The Florida Bar Tax Section’s Tax Certification Review Course, 2005-2007


 


Published Cases



  • City National Bank v. Tescher (an important homestead case)


Professional Associations and Memberships


  • American Bar Association, Section of Taxation (1973-present)

  • American Bar Association, Section of Real Property, Probate & Trust Law (1988-present)

  • The Florida Bar, Tax Section (1973-present)

  • The Florida Bar, Real Property, Probate & Trust Law Section (1978-present)

  • American College of Trust and Estate Counsel, Fellow

  • American College of Tax Counsel, Fellow

  • Greater Miami Tax Institute

  • Estate Planning Council of Greater Miami

  • Dade County Planned Giving Council

  • Palm Beach County Planned Giving Council

  • Greater Boca Raton Estate Planning Council

  • Boca Raton Tax Institute, Co-Founder


Community Involvement


  • Foundation of Jewish Philanthropies of the Greater Miami Jewish Federation

  • The Jewish Community Foundation of the Jewish Federation of South Palm Beach County

  • Dade Community Foundation

  • Broward County Community Foundation

  • Dade County Bar Association

  • Switchboard of Miami

  • Beth David Congregation

  • Florida Friends of Bar-Ilan University

  • Bar-Ilan University International Board of Governors

  • Friends of the March of the Living (Co-founder)

  • Community Foundation for Palm Beach and Martin Counties

  • South Palm Beach County Foundation (Co-founder)


Past Employment Positions


  • Tescher & Associates, P.A.., January 2015 to August 2018

  • Tescher & Spallina, P.A., January 2008 to December 2014

  • Tescher Gutter Chaves Josepher Rubin Ruffin & Forman, P.A., October 2002 to December 2007

  • Tescher Chaves Rubin & Forman, June 1990 to September 2002

  • Tescher & Milstein, P.A., June 1986 to June 1990

  • Fine Jacobson Schwartz Nash Block & England, 1973 to June 1986 (successor by merger to Schwartz, Nash, Heckerling & Tescher, P.A., Founding Partner in 1973)


 


Awards and Professional Recognition



  • Best Lawyers in America – Taxation; Trusts and Estates

    • 2018 Lawyer of the Year for Trusts and Estates (regional)



  • Robb Report Worth Magazine, Listed as one of 100 Leading Attorneys in America in Wealth Planning, 2005-2006

  • “America’s Leading Lawyers for Business Guide” published by Chambers and Partners, Wealth Management (national) and Estate Planning (Florida), 2006-2016

  • Florida Trend Magazine’s Legal Elite, Trusts and Estates Law

  • South Florida Legal Guide, Top Lawyers List

  • Florida Super Lawyers list, 100 Top Lawyers in Florida

  • The Florida Bar Tax Section

    • Past Chairperson of the Section

    • Outstanding Continuing Legal Education Speaker Award, 1991-1992

    • The Gerald T. Hart Outstanding Tax Attorney Award, 1996-1997. Presented annually by the Section.






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