Newbery, Ungerer & Hickert LLP

Newbery, Ungerer & Hickert LLP helps clients assure their wealth and assets are protected, enhanced, and most importantly, used for our clients' priorities.

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Firm Overview

Two attorneys are certified public accountants. Two attorneys have advanced law degrees in taxation. All attorneys have outstanding business, financial and tax experience. Our practice areas include:
-Tax Planning and Litigation
-Estate Planning
-Probate and Trust Administration
-Business Law
-Commercial Real Estate Law
-Mediation - Trusts, Estates, Complex Valuation Matters

The firm is AV rated (the highest rating) by Martindale-Hubbell, attesting to the legal abilities and professional ethics of the firm and its attorneys.
Main Office

Main Office
2231 SW Wanamaker Road Suite 101
Topeka  KS  66614

Phone
  • 785-273-5250
Fax
  • 785-273-5317
Estate Planning
Newbery, Ungerer & Hickert, LLP is uniquely qualified to provide estate planning services to high net worth individuals, particularly those who have complex financial structures and/or closely-held business interests.
Estate planning in these situations requires an estate planner with knowledge in a variety of legal areas (i.e., wills, trusts and estates, income taxation, estate, gift and GST taxation, insurance law, contracts, business entities, property law, etc.). The attorneys at Newbery, Ungerer & Hickert have experience in all of these areas which are brought together in providing estate planning services to high net worth individuals.

Both Dave and BJ teach tax courses at Washburn University School of Law. BJ has taught the Estate and Gift Tax course since 2006. Dave has also taught Estate and Gift Taxation, as well as Advanced Estate Planning, and State and Local Taxation. Dave also taught Individual Income Taxation, Income Taxation of Corporations and Partnerships, and other tax related courses at Washburn School of Business.

Between Dave and BJ, they have over 40 years of experience providing estate planning services, as well as related trust and estate practices.

Typical documents and services the firm provides are the following:
-Wills
-Trusts
-Life Insurance Trusts
-Grantor Retained Annuity Trusts
-Charitable Remainder Trusts
-Special Needs Trusts
-Creditor Protection Trusts
-Business Continuation Planning
-Gifting and GST Tax Planning
-Charitable Giving
-Living Wills
-Medical and Financial Powers of Attorney

C. David Newbery

Practice Areas
Estate Planning; Probate and Trust Administration; Business Valuation; Mediation; Kansas and Federal Taxation; Private Foundations

Admitted: 1974, Kansas and U.S. District Court, District of Kansas; 1986, U.S. Tax Court; 2000, U.S. Supreme Court; 2005, Missouri

Law School: University of Kansas, J.D.

Born: Goodland, Kansas, June 4, 1947

Dave has over 35 years of experience in Kansas and Federal tax practice, estate planning, probate and trust administration. Since 2001, Dave has established a mediation practice, primarily in business valuations, trust and estates, and related areas. Dave has also served as court-appointed Special Master for cases involving complex valuation, accounting, and financial issues.

From 1982 to 1988 Dave served as Assistant Professor of Taxation at Washburn University School of Business. He also taught several courses as an adjunct professor at Washburn University School of Law, including State and Local Taxation (1977-78), Advanced Estate Planning (1983) and Estate and Gift Taxation (1991-1998). Dave is a frequent speaker at seminars and workshops on estate planning, state and federal taxation and related topics, having logged over 90 such appearances during the course of his career. Dave is AV rated by Martindale-Hubbell.

C. David Newbery online at visit superlawyers.com

Education and Professional Designations:
-CPA - Kansas, 1975
-JD - University of Kansas School of Law, 1973
-MBA - University of Kansas School of Business, 1971
-BA - University of Kansas, 1969
-Approved Civil Mediator - Kansas Supreme Court, 2001
-Approved Dispute Resolution Neutral, The Missouri Bar, 2001
-Approved Neutral for Early Assessment Program, US District Court, Western District of Missouri, 2001

Experience:
-Private Practice Lawyer, 1980 - Present
-Partner, Newbery, Ungerer & Hickert LLP (and predecessor firms), Topeka, KS, 1992-Present
-Private Practice CPA, 1973-76, 1979-1980, including Haskins & Sells (predecessor of Deloitte LLP), Kansas City, MO
-Adjunct Assistant Professor of Law, Washburn University School of Law, 1977, 1978, 1983, 1991-1998
-Assistant Professor of Tax and Accounting, Washburn University School of Business, 1982-1988
-Adjunct Instructor, Washburn University School of Business, 2004-2005
-Director of Taxation, Kansas Department of Revenue, 1976-1979
-Kansas Correspondent for State Tax Notes, 1991-2005

Professional Activities, Associations & Licenses:
-American Bar Association
-Kansas Bar Association
-Missouri Bar Association
-Topeka Bar Association (Director)
-Kansas Bar Foundation (Trustee, Fellow)
-Kansas Society of Certified Public Accountants
-Northeast Kansas Chapter of Certified Public Accountants
-Mediation Panel - Associates in Dispute Resolution LLC
-Commercial Panel - American Arbitration Association, 2001-2006

Publications:
-"An Accounting Primer for Estate Planning, Probate and Trust Counsel (The New Kansas Uniform Principal & Income Act)", The Journal of the Kansas Bar Association, Vol. 71, Number 6, June/July 2002
-"Kansas' Public Disclosure Law Uncovers Major Policy Change in Interest Calculation Method", State Tax Notes, Vol. 21, Number 9, August 27, 2001
-Chapter on "Kansas Taxes" in Tax Analysts' State Tax Baedeker A Master Guide to State Taxation (2001)
-"Board of Tax Appeals Softens Department's Hard-Line Approach to Tax Administration", State Tax Notes, September 11, 1995
-"The Kansas Supreme Court Decision in Morton Thiokol: Taxation Versus Combination", State Tax Notes, Volume 5, Number 26, December, 1993
-"Equity Planning for the Closely Held Corporation", The Tax Advisor, April 1988
-"The Tax Reform Act of 1986; Will it Affect Residential Income Property Values?", The Real Estate Appraiser and Analyst, Spring, 1988
-"Should Points Be Paid for a Lower Home Mortgage Interest Rate?", Real Estate Issues, November, 1987
-"A Logical Approach to Sales Tax on Services", Kansas Business Review, Spring, 1987
Education
  • University of Kansas
    Juris Doctorate

Bernard J. (B.J.) Hickert

Practice Areas
Estate and Gift Taxation; Taxation; Trusts and Estates; Probate; Wills; Business Law; Corporate Law; Partnership Law; Property Tax Appeals; Commercial Real Estate

Admitted: 1997, U.S. Tax Court; 1980, Kansas and U.S. District Court, District of Kansas; 1981 U.S. Court of Appeals, Tenth Circuit

Law School: University of Kansas, J.D. and University of Missouri-Kansas City, LL.M., Taxation

Born: Norton, Kansas, November 22, 1955

Cases: Young v. Graves, 04-P-51 (Douglas County District Court) Royd-Sykes v. Dicken, 95,053 (KS Court of Appeals 2006).

B. J. Hickert received an undergraduate degree from Benedictine College, a Juris Doctor degree from the University of Kansas School of Law, and a LL.M. in Taxation from the University of Missouri-Kansas City School of Law. Before joining the firm in 1997, B. J. litigated business disputes for fifteen years, including five years as a Senior Attorney in the FDIC Professional Liability Section. B.J. has been elected a Fellow of The American College of Trust and Estate Counsel. He focuses his legal practice in the areas of business and estate planning, probate, trust administration, and tax disputes. In addition to his active legal practice, B.J. serves as an Adjunct Professor at the Washburn University School of Law, where he teaches Estate and Gift Tax, and is a frequent lecturer for professional and community organizations.

B. J. Hickert online at visit superlawyers.com

Education and Professional Designations:
-LL.M, Taxation - University of Missouri-Kansas City School of Law, 1995
-JD - University of Kansas School of Law, 1980
-BA, Cum Laude - Benedictine College, 1977 (Student Government President)

Experience:
-Adjunct Professor, Taxation of Gratuitous Transfers ("Estate and Gift Tax"), Washburn University School of Law, 2006-Present
-Private Practice/Government
-Associate/Partner, Newbery, Ungerer & Hickert LLP (and predecessor firms), Topeka, KS, 1997-Present
-Berger & Carmody, P.A., Lawrence, KS, 1996-1997
-Senior Attorney, FDIC Professional Liability Section, Kansas City, KS, 1990-1995
-Associate/Partner, Morrison, Hecker, Curtis, Kuder & Parrish, Wichita, KS, 1983-1989
-Associate, Gott, Young & Bogle, Wichita, KS, 1980-1983

Professional and Civic Affiliations:
-Topeka Bar Association
-Kansas Bar Association
-American Bar Association
-Kansas Bar Foundation - Fellow
-American College of Trust and Estate Counsel - Fellow
-Northeast Kansas Society of Financial Service Professionals-Director, 2003-2005
-Leadership Greater Topeka-Class Member, 2004
-Douglas County Estate Planning Council
-Greater Topeka Chamber of Commerce
-The Chamber Foundation-Director, 2007-2011
-The Villages, Inc.-Director, 2006-2011 and Treasurer, 2008-2011
-Topeka Knife & Fork Club-Director, 2005
-Recipient of Annual Martin Henry Award for Volunteerism, 2003
-Knights of Columbus, Lawrence, Kansas-Grand Knight, 1997-1999
-Columbus Homes Association, Inc.-Director, 1992-1997

Trust Litigation:
-Young v. Graves, No. 04-P-51 (Douglas County, Kansas), successfully defended trustee
-Royd-Sykes v. Dicken, No. 95,053, Decided September 15, 2006, successfully asserted claims against trustee in Johnson County District Court and the Kansas Court of Appeals

Publications:
- "Health Care: A Simple Prescription," Tax Notes, February 20, 1995

Presentations:
-Top Ten Gift Ideas, Kansas Bar Association (2010)
-Water Depletion, Kansas Accountants Tax Conference (2009)
-Trust Review Checklist, Kansas Accountants Tax Conference (2008)
-Non-Probate Transfer Issues, Kansas Accountants Tax Conference (2007)
-New Kansas Estate Tax, Kansas Accountants Tax Conference (2006)
-New Trustee Responsibilities & Risks, Kansas Bar Association (2006)
-Representing Multiple Clients for Business Transactions, Kansas Bar Association (2005)
-Kansas Estate Tax, Kansas Accountants Tax Conference (2005)
-New Kansas Trust Statutes, Washburn University School of Law (2005)
-Trustee Responsibilities and Risks, Douglas County Estate Planning Council (2005)
-Kansas Uniform Trust Code, Kansas Bankers Association (2004)
-Planning for Business, Kansas Accountants Tax Conference (2004)
-Kansas Trust Course, Professional Education Systems Institute, LLC (2003, 2004 & 2005)
-Kansas Uniform Trust Code, Kansas Accountants Tax Conference (2003)
-Choice of Entity: Coming of Age, Kansas Bar Association (2003)
-Extracting "Captured" Income from C-Corporations, Kansas Accountants Tax Conference (2002)
-Business Legal and Tax Planning, Douglas County Estate Planning Council (2002)
-Kansas Estate Planning Course, Professional Education Systems Institute, LLC (2002)
-Choice of Entity, Kansas Accountants Tax Conference (2001)
-Liability Protection Gifting Considerations, Kansas Accountants Tax Conference (2000)
Education
  • University of Kansas
    Juris Doctorate

Erik M. Rome

Practice Areas
Estate Planning; Probate and Trust Administration; Business Law; Tax Planning

Admitted: 2012, Kansas and U.S. District Court, District of Kansas; 2013, Missouri

Law School: University of Kansas, J.D.

Born: Kansas City, Missouri, September 4, 1981

Erik Rome grew up in Overland Park, Kansas and is currently an associate attorney with Newbery, Ungerer & Hickert, LLP, practicing in the areas of Estate Planning, Probate and Trust Administration, Business Law, and Tax Planning. Prior to law school, Erik worked as a consultant with Cerner Corporation in Kansas City, Missouri and Perceptive Software in Shawnee, Kansas. In those roles, Erik worked directly with clients of all sizes to implement software systems and improve organizational efficiency.

Education and Professional Designations:
-JD, University of Kansas School of Law, 2012
-BS, Business Administration (Finance & Marketing), Kansas State University, 2005

Experience
-Associate Attorney, Newbery, Ungerer & Hickert LLP, Topeka, Kansas, 2012-Present
-Legal Intern, Chapin Law Firm, Shawnee, Kansas 2011-2012
-Summer Law Clerk, Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., Wichita, Kansas, 2010

Professional and Civic Affiliations:
-Topeka Bar Association
-Kansas Bar Association
-American Bar Association
-Executive Committee Member of the Douglas County Estate Planning Council
-Member of Board of Directors of Kansas State Alpha Tau Omega -Students' Aid Endowment Fund

Publications
-"Recognizing Those Left Unprotected by ERISA's Section 510 Loophole: Congress Must Act to Protect These Employees", 21 Kan. J.L. & Pub. Pol'y 194 (2011).
Education
  • University of Kansas School of Law
    Juris Doctorate

William H. Pitsenberger, Jr.

Practice Areas
Health Care; Administrative Law; Business Organization; Corporate Law; Veteran's Appeals

Admitted: 1978, Kansas and U.S. District Court, District of Kansas; 1985, U.S. Court of Appeals, Tenth Circuit; 1986, U.S. Supreme Court; 2011, U.S. Court of Appeals for Veterans Claims; 2011, Accredited Attorney, U.S. Department of Veterans Affairs.

Law School: Washburn University of Topeka, J.D.

Born: Wichita, Kansas, April 4, 1947

Attorney William H. Pitsenberger has more than 30 years of experience as general counsel for a large health insurance company. He currently aids Kansas business owners, health plans, insurance companies, health care providers and other organizations and individuals in reaching solutions for contract, compliance, corporate and other legal needs. In addition, he represents veterans in appeals to the U.S. Court of Appeals for Veteran's Claims.

Education
-MA - University of Kansas, 2001
-JD - Washburn University School of Law, 1977
-BA - University of Kansas, 1969

Experience:
-Private Practice Lawyer, Of Counsel, Newbery, Ungerer & Hickert -LLP, Topeka, KS, 2008-Present
-Retired Senior Vice-President and General Counsel, Blue Cross and Blue Shield of Kansas, 1978-2008
-Adjunct Professor, Health Law and Policy, Washburn University School of Law, 2003 to Present

Professional and Civic Affiliations:
-Topeka Bar Association
-Kansas Bar Association
-American Bar Association
-American Society of Law, Medicine and Ethics

Publications:
-"An Apparently Irrational Distinction," 32 Journal of Health Law 307, Spring 1999
-"The Pool of Bethesda: Equity, Political Problems and Reinsurance Solutions in Mandated Individual Health Insurance," 11 Quinnipiac Health Law Journal 145, 2008
-"Limited Provider Panels: Their Promise and Problems in an Individual Health Insurance Market," 1 Journal of Health and Life Sciences Law 67, 2008
-"'Sez Who?': State Constitutional Concerns with External Review Laws and the Resulting Conundrum Posed by Rush Prudential HMO v. Moran," 15 Connecticut Insurance Law Journal 85, 2008-2009
-"What Health Care Reform Means to Your Clients (and You)," The Journal of the Kansas Bar Association, Nov./Dec. 2010

Presentations:
-"Current Antitrust Healthcare Issues," Sedona Conference, Advanced Antitrust, 1999
-"Current Antitrust Health Care Issues," Minnesota Institute of Legal Education, 1991 and 1995
-"Issues in 24 Hour Workers Compensation Coverage," National Conference of State Legislatures, 1993
Education
  • Washburn University of Topeka
    Juris Doctorate

Seamus P. Smith

Practice Areas
Estate Planning; Trust Planning; Probate; Business Planning; Tax Planning

Admitted: 2005, Kansas; 2007, Missouri; 2005, U.S. District Court, District of Kansas; 2005, U.S. Tax Court

Law School: University of Kansas, J.D. and University of Missouri-Kansas City, LL.M., Taxation

Born: Springfield, Missouri, November 1, 1979 Seamus Smith grew up in Overland Park, Kansas and is currently an associate attorney with the Will and Trust Center, practicing in the areas of estate, business, and tax planning. Seamus worked for the firm of Newbery, Ungerer & Hickert LLP as a law clerk, then as an associate attorney, and is currently of counsel to the firm.

Education
-LL.M, Taxation - University of Missouri-Kansas City School of Law, 2006
-JD - University of Kansas School of Law, 2004
-BA, cum laude - Benedictine College, 2002

Experience:
-Private Practice Lawyer
-Associate, Will and Trust Center, Leawood, KS, 2010-Present
-Associate, Vold & Morris LLC, Kansas City, MO and Leawood, KS, 2007-2010
-Of Counsel, Newbery, Ungerer & Hickert, LLP, Topeka, KS, 2007-Present
-Associate, Newbery, Ungerer & Hickert, LLP, Topeka, KS, 2004-2006
-Adjunct Professor, Business and Tax Law, Benedictine College, 2007-Present

Professional and Civic Affiliations:
-Kansas City Metropolitan Bar Association
-Johnson County Bar Association
-Kansas Bar Association
-American Bar Association
-Overland Park South Rotary Club
-NE Johnson County Chamber of Commerce

Selected Presentations:
-IRAs Payable to Trusts: Allocation to Income and Eligibility for Marital Deduction as QTIP, 43rd Annual Kansas Tax Conference (2006)
-Creative Solutions for Outdated ILITs, 44th Annual Kansas Tax Conference (2007)
-Estate Planning Practice Tips, Kansas City Metropolitan Bar Association Solo & Small Firm Conference (2008)
-Advanced Tax-Savings Strategies for Small Business Owners, 45th Annual Kansas Tax Conference (2008)
-Administering the Estate Effectively and Putting the Case to Rest, National Business Institute Seminar: The Probate Process Start to Finish (2008)
-Avoiding IRA Pitfalls and Coordinating Retirement Plans in Estate Planning, Missouri Bar Association Solo & Small Firm Conference (2009)
-Homestead Exemption & Estate Planning in the Recession/Depression, Missouri Bar Association Solo & Small Firm Conference (2009)
Education
  • University of Kansas
    Juris Doctorate

Jeffrey L. Ungerer

Practice Areas
Taxation; Real Estate; Business Law

Admitted: 1982, Kansas and U.S. District Court, District of Kansas; 1984, U.S. Tax Court; 2002, Texas

Law School: Washburn University of Topeka, J.D.

Born: Marysville, Kansas, July 18, 1954

Jeffrey Ungerer is an accomplished attorney in a variety of fields and is AV rated by Martindale-Hubbell. He is a founder of the firm and life-long resident of Kansas. While he is no longer in private practice, Jeff remains of counsel, consulting with firm attorneys upon request. He received his B.B.A. in Accounting from Washburn University, his M.S. in Accounting from Oklahoma State University, and his J.D. from Washburn University School of Law. Jeff served as an Adjunct Professor at both the Washburn University School of Business and the School of Law.

Jeff has substantial experience in IRC Section 42 tax credit real estate projects, having been involved in over 30 tax credit projects.

Jeffrey L. Ungerer online at visit superlawyers.com

Education and Professional Designations:
-JD, Magna Cum Laude - Washburn University School of Law, 1982
-CPA - Kansas, 1977
-MS - Oklahoma State University, 1977
-BBA, Summa Cum Laude - Washburn University, 1976

Experience:
-Chief Financial Officer and General Counsel for a substantial commercial real estate and multi-family housing developer, 2002-Present
-Private Practice Lawyer
-Partner, Newbery, Ungerer & Hickert LLP (and predecessor firms), Topeka, KS, 1994-2001
-Sole Practioner, 1991-1994
-Partner, Davis, Unrein, Biggs & Head LLP (and predecessor firms), Topeka, KS, 1982-1990
-Adjunct Professor of Taxation, Washburn University School of Law, 1982-1990
-Assistant Professor of Taxation, Washburn University School of Business, 1978-1987

Professional and Civic Affiliations (Past and Present):
-Kansas Bar Association
-Topeka Bar Association
-American Institute of Certified Public Accountants
-Kansas Society of Certified Public Accountants
-Northeast Chapter of Certified Public Accountants
-Topeka Community Foundation, Chairperson and Director
-Hayden Foundation, Chairperson and Director
-Stormont Vail Foundation, Director
-Alliance Bank, Director
-Christ the King Church Council, Chairperson
-Family Service & Guidance Center, Chairperson, Treasurer and Director of Board of Directors
-Arts Connect, Chairperson and Director

Recognitions
-The Best Tax Lawyers in America
-Tax and Employee Benefits Section Strathmore's Who's Who Registry of Business Leaders, 1996
-Elijah Watts Sells Award National Honorable Mention, November 1977 CPA Exam
-Kansas Bankers Association Estate Planning Award, Spring 1982
-Adjunct Professor of the Year - Washburn University School of Law
Kansas Society of Certified Public Accountants Outstanding Kansas -Discussion Leader, 1985

Publications:
-"Structuring Settlements" by Shepards McGraw-Hill (Trial Practice Series), published, 1987, annually updated (co-author)
-"Equity Planning for the Closely Held Corporation", The Tax Advisor, April 1988
Education
  • Washburn University of Topeka
    Juris Doctorate
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