RUNNING THE FIRM
Meet Attorney
Danielle Gotcher
ESTATE PLANNING MISTAKES
What Are The Big 3?
RENTING YOUR HOUSE FOR FILMING Tax-Free Income?
Brian Rabinovitz
Stays Well Connected
About
and By Echelon Professionals
Master Networker
Clients deserve experts on their team when it comes to retirement plans. The pension professionals at Actuaries Unlimited, Inc. are those experts. A third-party pension administration and consulting company, Actuaries Unlimited, Inc. provides a comprehensive spectrum in actuarial and retirement benefits consulting services. You’re never far from the answers you need. So it’s ok to relax.
2 ECHELONPROFESSIONAL.COM You’ve got the experts on your team Relax
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BIOGRAPHIES 10 Master Networker Brian Rabinovitz thrives on being around people. And he’s made an art of generating business as a result. 18 Bringing International Talent to the Business Forefront A local upbringing, a stint working in the White House, and dedication to family has helped Global Immigration Partner’s managing partner Danielle Gotcher find her own definition of success FEATURES 14 No More Hiding Behind The Corporation All businesses must register with the Financial Crimes Enforcement Network. Failure to do so will be costly. 24 Beyond The Numbers How having a Certified Divorce Financial Analyst can positively impact mediated divorces COLUMNS 28 Taxes Renting Your House For Filming 30 Trusts 3 Biggest Mistakes in Estate Planning CONVERSATIONS 32 ONE-ON-ONE with Adam Grant Grant Shenon 34 ONE-ON-ONE with Dena Klotz Lagerlof CONTENTS Q2.24 10 18 14 30 28 DEPARTMENTS 4 FROM THE CHAIR 6 CHECK IT OUT: BLOG BITS 36 PROFESSIONAL DIRECTORY Cover Photo: Jerri Hemsworth
THE ULTIMATE GOAL: Staying Connected
Post-Covid business development has everyone scrambling for connection.
A
A common theme we’ve heard over the past 12 months is how connected professionals really feel when focusing on business development. Feeling “connected” has become paramount with both clients and referral sources. Time and schedules are stressed to the maximum. Value is at a premium. Nobody has time to waste in meetings with no take-aways or inspiration. So, how do we maximize our time?
Brian Rabinovitz knows how to get the most out of his days. He’s truly a master connector. Historically an auditor, Rabinovitz has business development down. He thrives on maintaining existing relationships as well as making new ones. Read his story on page 10.
Attorney Danielle Gotcher knows about balancing personal and professional time. While running Global Immigration Partners, she makes sure that family stays paramount. Not only for herself but for her team as well. Read Danielle’s story on page 18.
Couples getting divorced can spend a lot of time in what seems like an ever-expanding legal situation. Scott Levin offers a way to use a neutral Certified Divorce Financial Analyst to create a positive impact on page 24.
Ever wonder about renting your house out for filming? Did you know there are some tax advantages to it? Find out on page 28 with CPA Gary Weiss.
As always, there is a ton of information in this issue. We always hope there is value and inspiration for you among its pages. Enjoy.
Echelon Professional Magazine is a publication written exclusively by and about the members of Echelon Business Development Network.
ECHELON BUSINESS DEVELOPMENT NETWORK
Chair
Jerri Hemsworth, Newman Grace Inc.
Managing Members
Jim Cagle, Allegent Group
Matt Coletta, M&A Business Advisors
Echelon Advisory Board
Davis Blaine, The Mentor Group
Mark Fishman, Actuaries Unlimited
Adam Grant, Grant Shenon
Brian Hemsworth, Newman Grace
De Ivett, 5D Spectrum
Renee Jacobs, Echelon Business Development
Robert Klein, The Law Offices of Robert M. Klein
Brian Rabinovitz, Proactive Professional Solutions
Robert Sniderman, HR Focus
Terry Sternberg, Law Offices of Terence M. Sternberg
Steve Weber, HW Premier
Publisher Newman Grace Inc.
Editor
Brian Hemsworth
Assistant Editor/Social Media
Taryn Gray-Delahunty
Editorial Consultant
Linda Weg
Design Direction/Production
Jerri Hemsworth
Arturo Medina
Editorial Contributors
Gary Weiss
David R. Schneider, Esq.
Scott Levin, Esq.
David L. Oberg, Esq.
Madison B. Oberg, Esq.
Editorial/Advertising Offices
Newman Grace Inc. 6133 Fallbrook Avenue, Woodland Hills, CA 91367 P: 818.713.1678
Volume Q2 2024. Copyright ©2024 by Newman Grace Inc. and Echelon Business Development Network LLC. All rights reserved. Reproduction in whole or in part without written permission is prohibited. Advertising rates and information sent upon request. Acceptance of advertising in Echelon Professional in no way constitutes approval or endorsement by Newman Grace or Echelon Business Development Network of products or services advertised. Echelon Professional Magazine, Newman Grace or Echelon Business Development Network reserve the right to reject any advertising. Opinions expressed by authors are their own and not necessarily those of Newman Grace or Echelon Business Development Network. Echelon Professional Magazine reserves the right to edit all contributions for clarity and length, as well as to reject any material submitted. Not responsible for unsolicited manuscripts. This periodical’s name and logo along with the various titles and headings therein, are trademarks of Echelon Business Development Network LLC. PRODUCED
Jerri Hemsworth Chair, Echelon Business Development Network
IN
FROM THE CHAIR
U.S.A.
4 ECHELONPROFESSIONAL.COM
Professional ECHELON
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Blog Bits
Excerpts from our most popular Echelon Member blog posts
6 HR Trends in 2024
By Don Jones, DMJ Insurance Services
In order to keep up with the changing expectations of organizations and employees in today’s market and economic conditions, HR professionals must be able to adapt. The six 2024 HR trends listed below will assist professionals in meeting the demands of their companies and workforces.
1. Artificial Intelligence (AI)
AI grew in popularity throughout the world in 2023 as a result of its ability to streamline processes and enhance consumer satisfaction. AI is probably going to stay a major component of business operations for a while to come. It may even assist HR managers in choosing employees, carrying out regular duties, and analyzing data.
Employers will need to give ethics and compliance-related concerns with AI top priority as it becomes more widely used.
2. Skill Gaps and Skills-Based Hiring
Employers still struggle to recruit talent with the necessary skill set, despite the fact that the U.S. Bureau of Labor Statistics reports that there are 6.3 million unemployed people. Employers might refocus their hiring efforts this year and choose to hire people based more on skill than on traditional credentials.
3. New Compliance Rules
Organizations will be subject to new benefit laws, retirement plan alternatives, and paid time off regulations in 2024. In 2024, a new rule pertaining to the application of the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for executive, administrative, and professional personnel is also anticipated to go into effect. Additionally, it might make it easier to qualify exempt workers and raise their FLSA wage levels.
4. Return to Work
since January 2023, the decline has been happening even faster. This pattern, which is sometimes called “the Great Gloom,” implies a close relationship between societal and economic factors and employee engagement.
6. Competitive Compensation
Proactive firms in 2024 should concentrate on striking a balance between employee needs and in-person requirements. While many people have appreciated the flexibility of working from home, businesses are putting more and more pressure on workers to come into the office.
5. Employee Engagement
There has been a significant decline in employee engagement and enjoyment since the COVID19 pandemic began. According to an HR Bamboo report, since 2020, employee satisfaction has decreased by 6%. With a 9% fall
Businesses predict that issues with hiring and retaining employees will persist through 2024. Many firms will respond by giving competitive raises in order to offset the rising cost of living. Employers are increasingly adopting benefits to enhance employee experience and boost retention, such as flexible work schedules and full health insurance.
Summary
By keeping an eye on trends that may affect the workplace in 2024, HR professionals can stay ahead of the curve. Employers who improve their workforce strategy will have a competitive advantage when supporting and attracting today’s workers, as employee expectations continue to change. •
6 ECHELONPROFESSIONAL.COM
CHECK IT OUT
Nurturing Success: Unleashing the Power of Social Media for Service-Based Businesses
By Nicole Moser, FOR•GE Advisory
In today’s dynamic digital landscape, leveraging social media has become a game-changer for servicebased businesses aiming for sustainable growth. Beyond acquiring new clients, the key lies in staying top of mind and fostering lasting relationships. Social media plays an invaluable role in client retention and highlights the significance of thought leadership and the impact of educational posts and industry insights.
The Art of Client Retention
For service-based businesses, maintaining a loyal clientele is often more cost-efficient than constantly seeking new clients. Social media provides an ideal platform to stay connected, share updates, and showcase the ongoing value of your services. Regular engagement, personalized interactions, and targeted content contribute to building lasting relationships, ensuring clients remain loyal advocates for your business.
Thought Leadership: A Strategic Approach
Positioning your business as a thought leader within your industry establishes credibility and trust among your audience. Use social media platforms to share your expertise, insights, and unique perspectives. Thought leadership not only sets you apart from competitors but also creates a sense of trust that resonates with clients seeking reliable and knowledgeable service providers.
Educational Posts for Client Empowerment
Educational content serves a dual purpose—it not only showcases your industry knowledge but also empowers clients. Share informative posts, tutorials, and guides related to your services. This positions your
business as a valuable resource and demonstrates a genuine commitment to client success. As clients perceive your business as a partner invested in their growth, they are more likely to remain loyal.
Industry Insights: Building a Community
Engage your audience by providing relevant industry insights and staying abreast of trends. Social media platforms offer an opportunity to initiate discussions, share updates, and connect with your community. By fostering a sense of belonging, you strengthen the client-business relationship and position your brand as an active participant in industry conversations.
Cost-Efficiency of Client Retention
Balancing the significance of customer acquisition with the cost-effectiveness of client retention is paramount. Investing in strategic social media initiatives not only fosters strong client relationships but also proves to be an economically efficient approach. By consistently engaging in personalized communication, businesses establish a foundation for enduring success, emphasizing the dual benefits of effective client retention and financial sustainability.
Conclusion
In today’s digital landscape, mastering social media for service-based businesses goes beyond attracting new clients—it’s about building enduring connections, establishing thought leadership, and sharing valuable information. By staying top of mind, offering educational insights, and nurturing client relationships, your business can thrive in a competitive landscape, ensuring client satisfaction and long-term client relationships. •
7 ECHELON PROFESSIONAL Q2 2024
9 10OUT OF Marketers use blogging to achieve content goals. Blog posts remain the most popular content format. (SOURCE: SEMrush, 2023)
of households reported any savings in retirement accounts in 2022.
26% had saved more than $100,000
9% had saved more than $500,000
(SOURCE: The Federal Reserve’s Survey of Consumer Finances, 2022)
A defined benefit plan is a type of retirement plan where an employer promises a specified monthly benefit to employees upon retirement. The benefit is typically based on factors such as salary history and years of service.
In a defined benefit plan, the employer bears the investment risk and is responsible for ensuring there are enough funds to pay the promised benefits to retirees. This means that even if the plan’s investments perform poorly, the employer must still provide the agreed-upon benefits.
Contributions to defined benefit plans are made by the employer, though sometimes employees may also contribute. The amount of the retirement benefit is usually predetermined by a formula, often based on factors such as the employee’s salary and years of service.
Defined benefit plans contrast with defined contribution plans, where the eventual benefit depends on the amount contributed and the investment performance of the individual’s account.
ACTUARIES & DEFINED BENEFIT PLANS:
Guardians of Financial Certainty
By Mark Fishman, Actuaries Unlimited, Inc.
Traditional pension plans have long been recognized as a core of retirement financial stability. However, due to their intricacy, these programs require a helping hand, a guardian of financial security. That guardian is an actuary—a skilled professional who plays a key role in designing, managing, and valuing Defined Benefit plans. Defined benefit plans fall into two types: Traditional and Cash Balance.
The Crucial Roles of Actuaries in Defined Benefit Plans
Plan Design
Actuaries work closely with plan sponsors to create benefit structures. These structures balance the needs of both employers and employees. This involves crafting formulas determining benefit growth rates, retirement ages, and other key variables.
Funding Strategy
Actuaries perform complex calculations to ensure the plan is adequately funded to meet future benefit obligations. They consider factors like investment returns, employee demographics, and regulatory requirements to strike the right balance.
Risk Management
All Defined Benefit plans carry financial risks, particularly related to investment performance and changing economic conditions. Actuaries help plan sponsors develop risk management strategies to mitigate these uncertainties.
Regulatory Compliance
Actuaries ensure that Defined Benefit plans comply to all legal requirements. This includes funding, reporting, and participant disclosures. Failure to comply with regulations can lead to severe penalties.
Valuation
Actuaries conduct crucial valuations to assess the plan’s financial health. They determine whether the plan has sufficient assets to cover its liabilities and recommend any necessary adjustments.
The Future of Defined Benefit Plans
As the retirement landscape changes, actuaries play an essential role in adapting Traditional Pensions and Cash Balance Pension Plans. They provide guidance on plan freezes, terminations, and conversions to hybrid designs, serving the best interests of both plan sponsors and participants. •
8 ECHELONPROFESSIONAL.COM CHECK IT OUT
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MASTER
Brian Rabinovitz thrives on being around people. And he’s made an art of generating business as a result.
BY JERRI HEMSWORTH
“You have to give to get. And that is a very important aspect in the business world.”
Do you know Brian Rabinovitz?”
I turn my chair to face a colleague standing in the doorway of my office.
“I’ve heard his name, but I don’t know him.”
“You gotta meet this guy. He’s amazing. He’s so connected. He knows everybody. This guy sends me personal texts and messages on holidays. Who does that?? I’m just one of hundreds of people he knows. Where does he have the time to do the personal messages?”
“That’s impressive! I don’t even message my family on holidays. How do you know him?”
“I met him at The Original Mixer. We got to talking, and he walked me over to a guy he said I had to meet. He’s a pro at making connections.”
Three weeks later, I sat across from Brian at lunch. I was immediately at ease with him. He was not uptight or nervous. Very warm and brotherly.
“How ya doin? Nice to meet you in person.” Big smile. Big hug. His accent sounds a mash-up of Boston / New York / New Jersey?
Our lunch is easy. Like we’ve known each other for years. Then he does something that I’ve since come to learn is a classic Rabinovitz move. “What are you doing next Wednesday night? I’ve got an Impromptu Mixer in Calabasas. You need to come.”
Unsure of my schedule, I take out my phone to check my calendar. “I’m clear.” In seconds, he texts me the info.
“Just bring a bottle of good wine. I’ll introduce you around.” And that is exactly what he did.
On His Beginnings and Accent
Brian grew up approximately 10 miles north of Boston in a town called Stoneham. He quickly flies into his best Boston accent.
“Things were wicked smaht. And I pocked my car. I went to college, and my roommates were Mock and
Bahb. I’ll never forget the first time I asked [about the party location], ‘Oh, where’s the potty?’ My accent was that bad. But it was cute. A lot of the girls liked it. So I was happy with that. But after a certain number of years in Long Island, New York, I began over-pronouncing my ‘Rs.’ Now, after one drink people ask, ‘What part of Canada are you from?’”
As a kid, math and numbers always came easy for him. He worked for his father at an ambulance company doing bookkeeping-type work at the age of 12. He really enjoyed it. His parents didn’t want him to leave the Boston area for college. They even offered to buy him a new car so he could commute into the city for school. But his sights were set on Hofstra, on Long Island, which at the time was seventh in the nation for accounting. “For some reason I liked numbers, and I knew I wanted to be an accountant. So that was the perfect fit for me.”
11 ECHELON PROFESSIONAL Q2 2024
MASTER NETWORKER
On Being Connected
Rabinovitz is a master at networking. He attends five events a week on average, making connections, being connected, checking in with colleagues and friends. He reminds me of Davis Blaine, co-founder of Provisors. Humans like Brian and Davis are rare. They thrive on being around people and are at complete ease in rooms filled with strangers. That’s because they aren’t strangers for long. Pretty guaranteed they will walk out of that room having made numerous connections with others and for others. Brian
went to these places, I had some staff or partners with me. But I would just go out and become friends with all the people at the companies I was auditing. And then I would meet other people in certain areas and just loved the people. And I really got used to going places by myself.”
“When I was in my mid-20s, I was sent to Zurich, Switzerland, by myself for three to four weeks at a time. I wouldn’t make friends there. And then I learned that if you turn to the left, turn to the right, say ‘Hello.’ If you’re at a bar or at a restaurant, or if you’re
has a natural energy that makes most of us look like slugs.
“I’ve always been this way. In college, I was involved in my fraternity as the social chair, planned parties and things like that. And then, after graduating college and becoming an auditor, the first thing the firm did was send me out to clients. So I would be in Atlanta, Georgia for two weeks. Then I’d be in Houston. Then I would go to Ithaca, New York. And when I
on an escalator, just turn around and say hello to somebody. Even if you’re at a conference. Everybody wants to be more sociable and meet people. It’s very easy, but you just have to have confidence in yourself to do it.”
Overall, Brian was an auditor for nearly 30 years for a few firms. “Yeah, audit to me was exciting back in the day. I went out, visited clients, and got to really know them. I got to know their business as well as them on a
personal side because I spent a lot of time with them.”
At the age of 32, it was time for a change. “I had the opportunity to come out to Southern California for six months to run an office. I didn’t know many people, and loved it out here. The weather, all of that. After six months, I left the bi-coastal firm and became a partner at Stonefield Josephson. They gave me an opportunity to grow. And it was wonderful. I got invited to a 10-person Mondaynight guys dinner group. And from there, I kept inviting more people because I was young. And I love meeting people, and I wanted to introduce them to others. I grew that networking group into a monthly mixer. We would get 70–80 people together each month. And now it’s grown—20 years later—to The Original Mixer with 250 people at the Luxe Hotel on Sunset. Just being able to make new contacts, meet up with people that you haven’t done business with in a while and reconnect. That’s what it’s all about.”
The Original Mixer is a unique type of event. Professionals “sponsor” tables and each bring various bottles of wine or liquor. Some bring food. People mingle casually around the room sampling various wines, bourbon, tequila, while chatting and connecting. Brian makes sure there is some type of activity that engages people, such as a roaming social media photographer. It’s truly a fun event.
“It is fun for me because I get to bring people together. I’m usually walking around the room and just looking to introduce to people that could have synergies. And that’s the most important thing. There’s a lot of time in business that you have a direct referral from someone or for somebody, but many times you don’t. But if I can introduce people to like-minded individuals, that’s what I find fabulous. And the amount
12 ECHELONPROFESSIONAL.COM
Rabinovitz at ease.
of deals that have happened at The Original Mixer, the amount of clients that I’ve attained, the amount of clients that I have introduced to other people and that have hired other service providers, or even raised capital, has been incredible.”
On Business Development
In 2019, Brian was head of audit and accounting for a firm called LGSH. It was a 70-person firm that got acquired by Citrin Cooperman. Brian became in-charge of business development for the West Coast. He
middle-market companies, and high net worth individuals achieve their goals. In addition to having an office in Los Angeles, they have offices in major markets across the U.S., including Orange County and Northern California. Brian is able to leverage his networking skills and experience to drive growth for the firm as well as meaningful partnerships in So. Cal.
On Family and Friends
In nearly every conversation that Brian has, there are three words that are ALWAYS mentioned: “my
relationships with the other parents as well as the kids. And I treat those people the same way as anybody else. I’ll give the shirt off my back to help them succeed in business. And I became close friends with them. It was just incredible, especially coaching sports. Coaching the kids at such a young age as they grew up with my children, it’s just fabulous.”
“My family, my kids, are everything. And I find the people I get along with the most are those who have a tremendous relationship with their family, with their kids, with their spouse. I want to be around those people because they have the morals that I like to be around.”
brought in business that included traditional audit and tax compliance work as well as general business management and clients in need of tax merger acquisition advisory. Early in 2024, Brian separated from Citrin and joined Marcum LLP as their Southern California Business Development Leader. Marcum is a national accounting and advisory services firm that assists entrepreneurial,
“Brian is truly a force of energy to be reckoned with. His reputation for connecting professionals is what got him where he is today.”
daughter” and “my son.” As a doting single dad, he is never far from his kids, mentally or emotionally. His son is in college in Florida majoring in finance. His daughter is here in California finishing up high school. When asked if he finds parenting difficult, he’s quick to respond.
“Parenthood is easy. I was divorced when my kids were young. I had them 50% of the time and just cherished every moment that I could. I did everything that goes into being a dad for them. And when I did Indian Guides and Den Princesses or when I coached basketball, I formed
Things To Know About Rabinovitz
Brian is truly a force of energy to be reckoned with. His reputation for connecting professionals is what got him where he is today. Yet he wants to be clear about what he finds most important in his life. People may question whether he has any ability to do actual “accounting work” other than biz dev. Talking with him for any length of time, one will quickly discover that his accounting intelligence, ability to give and devotion to his family is readily apparent.
“A lot of people only saw me as head of business development for Citrin. That was for the last two to three years. But for more than 30 years, I was behind the desk doing the work. Previously, before working for Citrin, I was head of accounting and audit for a 70-person firm and reviewed files and financial statements before they went out. So that is my first and foremost ability. And that’s where my consulting firm Proactive focuses its efforts.
“People should know that this whole ‘biz dev thing’ is not all about myself. You have to give to get. And that is a very important aspect in the business world.”
13 ECHELON PROFESSIONAL Q2 2024
Rabinovitz and Citrin Cooperman partner Danny Howard at The Original Mixer.
No More Hiding Behind the Corporation
All businesses must register with the Financial Crimes Enforcement Network. Failure to do so will be costly.
BY DAVID L. OBERG, ESQ. AND MADISON B. OBERG, ESQ.
Anew federal law called the Corporate Transparency Act (“CTA”) aims to compile a nationwide database of all entities—corporations, limited liability companies, etc.— that are doing business in any US state. The intention is to establish a single, central database that the US Government may use to determine who really owns and controls each organization. By enabling the government to truly know who owns and controls each tier of a corporate structure, it will be easier for it to fight financial crimes such as tax evasion, terrorism, and money laundering.
All business entities, unless they
are exempt, are now required to submit a Beneficial Ownership Report (the “Report”) to the Department of Treasury’s Financial Crimes Enforcement Network (the “FinCEN”) in accordance with the CTA.
The portal to create a FinCEN registration number and file the Report is available via this link (www.fincen.gov/boi).
Who Has to File an Initial Report?
A “reporting company” is any organization that is established by submitting paperwork to the appropriate Secretary of State or other government agency. This
includes companies formed in the United States, and foreign entities that are registered to do business in the United States. There are currently 23 exceptions to this rule for some organizations such as charities, publicly traded companies, big businesses with 20 or more employees and annual sales of $5 million or more, banks and financial institutions, and other organizations that are already heavily regulated. Further detail on these exemptions can be found on page 4 of the FinCEN’s Small Entity Compliance Guide (www.fincen.gov). Therefore, single-member LLCs, professional corporations, family-owned
14 ECHELONPROFESSIONAL.COM
enterprises, and LLCs formed specifically for the purpose of holding real estate may all be considered “reporting companies.”
When is the Report Due?
Organizations established prior to January 1, 2024, have until January 1, 2025, to finalize their Report. Organizations created between January 1, 2024, and December 31, 2024, have 90 days from the date of entity establishment to finish their report. Entities created on or after January 1, 2025, shall have 30 days from the date of wentity formation to file their report. Importantly, if there are any changes
to the Report, those changes must be reported within 30 days.
What Goes Into the Report?
The Report’s contents are all intended to be kept private. The following details about the entity and the people who own and manage it will be included in the report. Business information will include:
• Legal name and any DBA’s or trade names.
• Street address for entity’s principal place of business (where the actual business is operated, not the address you list for mail. So, if you operate your business
from your house but have mail go to a third-party mailbox, you must list your home address).
• State of formation.
• EIN—if your entity does not have an EIN, the entity will need to get one.
The beneficial owner must report the following:
• Full legal name.
• Date of birth.
• Home address (actual address where they live).
• A PDF copy of the individual’s passport or driver’s license.
In addition, entities formed on and after January 1, 2024 will be required to disclose information
15 ECHELON PROFESSIONAL Q2 2024
No More Hiding Behind the Corporation
about the “company applicant.” The company applicant includes the organizer of the business—i.e., the person that actually filed the paperwork with the relevant government organization to form the entity, and the person who directed the organizer to form the business. At a minimum, each company will have one company applicant (the direct filer). At most, the company will have two (the direct filer and the person who directed the filing). The same data will be reported for the company applicant(s) and the beneficial owners.
possess “substantial control” if they fulfill any of the following four requirements: (1) they hold a senior officer position; (2) they have the power to appoint or remove senior officers, a majority of the board of directors, or a comparable body; (3) they direct, determine, or have a significant influence over significant decisions made by the entity; or (4) they possess any other type of substantial control.
Any person who holds the title of president, chief financial officer, general counsel, chief executive officer, chief operational officer, or
“ The intention is to establish a single, central database that the US Government may use to determine who really owns and controls each organization.”
The aforementioned personal data about the beneficial owners and company applicants must be included in each entity’s report. Instead of having to repopulate the personal data each time, an entity that the individual beneficial owner is affiliated with just needs to list the owner’s FinCEN ID number if they have one. Using the URL above, you can apply for a FinCEN ID number.
Who is a Beneficial Owner?
A beneficial owner is a person who: (1) has “substantial control” over the entity; or (2) possesses 25% or more of the entity’s equity. Therefore, you can be considered a beneficial owner even if you do not possess any stock or other ownership interest. A trust will be listed as the beneficial owner if it owns the organization. However, unless a trust is established in a state where filing a state form is necessary for the creation of the trust, it should not be necessary for the trust to register as a reporting company.
A person will be deemed to
any other officer (regardless of official title and who performs a similar duty) is considered a senior officer.
Actual equity, stock, or other comparable interests are examples of ownership interests, as are convertible instruments, calls, straddles, options, and other contracts, agreements, or arrangements that establish ownership in the future.
On the other hand, the following are not considered beneficial owners: (a) minor children; (b) people acting as an agent on behalf of another person; (c) employees of a reporting company whose employment status alone provides them with substantial control, as long as they are not senior officers; (d) reporting company creditors; and (e) people who only have an inheritance-based future interest in a reporting company.
If in doubt, it is better to obtain a FinCEN ID number and complete the registration process since, as you will see below, there is a danger of serious fines for noncompliance with the CTA.
Additional Resources
FinCEN CTA Main Website
FinCEN Small Entity Compliance Guide
FinCEN CTA FAQ’s
What Are the Penalties for Failing to File?
The CTA imposes civil penalties of up to $500 per day, criminal penalties of up to $10,000, and jail time of up to two years for noncompliance. If you file a revised report within 30 days of filing erroneous information, you are supposed to be protected from penalties under safe harbor. However, this is a new law, and there are still lots of unanswered questions.
There is just a single registration form to fill out, no filing fee, and no continuous reporting is needed, unless there are changes to the any part of the Report, such as if there is a change in owners or control personnel. Any change must be disclosed within 30 days after the change.
David L. Oberg and Madison B. Oberg are partners at Oberg Law Group, a law firm that represents high net worth individuals and privately held small-to-mid-sized companies. They focus on commercial transactions and business matters including issues resulting from formation, governance, acquisitions, and real estate. David can be reached at (818) 223-9384, david@oberglawapc.com. Madison can be reached at (818) 212-2991, madison@oberglawapc.com.
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bringing to the Business Forefront INTERNATIONAL TALENT
A local upbringing, a stint working in the White House, and dedication to family has helped Global Immigration Partner’s managing partner
Danielle Gotcher find her own definition of success
BY BRIAN HEMSWORTH
For most of us, any mention of “immigration law” conjures up one of two scenarios. First is the marriage scenario, where someone gets married to gain citizenship into the country. It’s the fodder for romcoms and TV movies. Or there is the “undocumented” immigrant, fighting his or her way to a new land for a chance at a better way of life. Travel downtown in most West Coast cities, and you’ll see lots of advertisements on buses and benches for attorneys specializing in these practice areas.
But there is another, lesser-known area of immigration law. It is one significantly different from the other forms of immigration law. This is the area companies are developing strategies around, pouring money into, and building successful companies around.
This area of immigration law lies at the intersection of human capital and federal immigration laws. When a company reaches beyond our country’s borders to find talent and expertise, beyond that which can be found locally, it must navigate the very challenging and confusing world of immigration. That’s where the story of Danielle Gotcher and Global Immigration Partners (GIP) begins.
Locally Grown
Attorney Danielle Gotcher is about as local as local gets here in Los Angeles. Her parents lived in Reseda when she was born. Her family later moved to Calabasas, and Danielle was a student in the Las Virgenes School System all the way through Calabasas High. But the Valley wouldn’t hold Danielle forever.
“I knew that I wanted to go far away for college,” said Danielle. “I wanted something new. I had lived in a bubble in Calabasas. I really wanted something new and different. And east! I really wanted to be on the East Coast. I don’t know, I was enamored by it. At the time. I thought it so cool…New York and Boston, right? And D.C. At the time I wanted to do broadcast journalism. I didn’t want to be on camera at all but be behind the scenes and do, like, investigative journalism or something like that. So thankfully,” she continued, “I got a scholarship to Boston University and went there. I was a dual major, political science and communication.”
It was while at school Danielle began to envision working in Washington D.C. She grew to love not only the idea of working in a press office, but eventually even as a lobbyist advocating for an important cause.
“And so, I got the opportunity to work in D.C.,” Danielle revealed. “I got to work in the White House while I was in college. Law school hadn’t even occurred to me. At the time,
it was a pretty cool experience to be in D.C. I had to go through a pretty significant background check to work there. It was exciting.”
Danielle ended up working for an up-and-coming prominent figure, who unfortunately lost his election. She had planned that if the person won, she would move to D.C. and work there full time. But it was not meant to be. Upon graduation, she moved back to Los Angeles and began working. She also began entertaining the thought of law school.
She reasoned with herself that law school would provide a lot of opportunities, which it did, and not just professionally. She also met her future husband Jim there in her first year of law school. Danielle also thought her future lay not in court, but in transactional or estate planning. As happens with the best of plans, upon graduation, her first job was as a…litigator!
“Everything about GIP relates to family. It was started by Jim and his dad. We’ve got multi-generational clients. We even have multi-generational employees, parents whose kids work at the firm.”
A Family Affair
Danielle’s husband Jim was destined for an immigration practice. Upon his own graduation, he joined his father, Ron, in practice. Ron, a longtime business immigration attorney, brought a vast amount of experience and expertise to the practice. Jim brought the fresh energy of a young attorney, but also the eagerness to learn the ins and outs of this unique practice area.
In 2009, Global Immigration Partners, a firm focused on business immigration was born, headed up by Jim and Ron. With retirement on the horizon for Ron, Jim was on the fast track not only in business immigration law, but also in running a firm. In the beginning, it was just Jim, Ron, a paralegal, and a receptionist.
“Jim was doing everything at that time,” recalled Danielle. “He was doing the books, billing, sending out the invoices, collecting the money, making sure everything was running smoothly.” At the same time, the firm was growing. Its clients were referring them additional work, new clients were coming into the fold, and within a few short years, they
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were up to 12 employees. Growth had no appearance of slowing anytime soon.
“It got to a point where it was just a lot,” continued Danielle. “And Jim asked if I would consider coming to help him run the business. That was a huge decision for me, because I had worked really hard to become a partner at this other firm. That’s when Jim suggested I could be a partner at GIP.”
Danielle felt conflicted. Not about working for the firm, as she put it, but because she didn’t feel like she had “earned it.” She had worked hard to prove herself at her current firm and been given a lot of responsibility. But despite those initial reservations, in 2012, she joined the firm. It was baptism by fire—learning about immigration law at the same time taking much of the management from Jim so he could concentrate on client management. Oh, and one other thing, Danielle and Jim also had just had their daughter. To say it was a Herculean undertaking is a true understatement.
“Our daughter was six months old when I started working for Global Immigration Partners,” tells Danielle. “In the beginning, it was part time. I just came in to help get things organized with the business, make sure things were in place. I did things like help clean up the books. Now remember, we didn’t go to business school, we went to law school, and nobody necessarily teaches you how to run a business. So we were figuring things out on our own along the way.
“I was really fortunate in terms of learning a new area of law and that I had my father-in-law, who had been practicing in this field for more than 40 years. He had a huge amount of expertise in the law, but also experience and practical knowledge of how the machine works, so to speak. We deal with government agencies. So having access to him, basically 24/7, was great. My learning curve was very, very steep. But I was able to learn a lot quicker than I think other people coming into this field would because I could just ask him questions or bounce things off him and he would teach me.”
Professional, With A Personal Touch
The firm has continued to grow since day one. Once Danielle came aboard, it really freed up Jim and the firm to grow wings and thrive. Today the firm has more than 50 employees and an ever-growing client list.
Despite the growth, Global Immigration Partners
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has been able to keep doing two things that really helped shape the firm. The first comes right out of the name—partners. GIP works as much as a business partner as they do providing legal counsel. They learned early on that businesses, for the most part, just want to grow and be the best at what they do. Unfortunately, most businesspeople have little knowledge of how business immigration works, but in this day and age, the need to expand their reach internationally to hire the right talent is increasing dramatically. This is particularly true in the STEM fields, especially areas such as high tech, software, and bio tech. With their vast experience, GIP is able to provide guidance far beyond the alphabet soup of government forms and filings and paperwork. They are able to guide clients with savvy business strategies and tactics that help their clients achieve greater success as companies.
“We’re working directly with these business owners and their investors,” tells Danielle. “We’re helping them grow their business through immigration, because they truly cannot find the talent that they need in the U.S. They wouldn’t need us if they could. We also make sure that they’re doing things in a way that remains compliant, because hiring one foreign national is one thing, but if you have multiple foreign nationals on your payroll, you have got to make sure you’re giving out immigration benefits fairly and consistently throughout the organization. This is where my litigation expertise comes into play. I get brought in a lot to draft immigration policies for larger companies that have multiple people that they sponsor to ensure that everything is set out properly.”
The other thing that has shaped GIP during this time of
rapid growth is their personalized approach to their work. Herb Kelleher, co-founder and retired CEO of Southwest Airlines, has a famous quote, “Your people come first, and if you treat them right, they’ll treat the customers right.” Global Immigration Partners appears to take that advice to heart in the way they run the firm.
“Everything about GIP relates to family,” says Danielle proudly. “It was started by Jim and his dad. We’ve got multi-generational clients. We even have multi-generational employees, parents whose kids work at the firm.”
This personal, even family-oriented, approach to work must be seen as an important factor in GIP’s success. Many individuals, startups, and small businesses that began with them back in the early years are now much bigger, multinational companies that still retain GIP. Additionally, some of their long-standing clients consist of HR execs and recruiters that have left one firm and enlist GIP’s help at their new companies.
Keeping The Fires Lit
Immigration law, particularly business immigration law, requires a lot of time and attention. Working with governments and layer upon layer of laws, forms, filings, and regulations, can require assignments that are measured not just in days or weeks, but often months and years. Knowing the law, the client needs, and keeping everything in order and complaint can take a toll.
Family time is certainly one thing that keeps the Gotchers grounded and their work/life balance in perspective.
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“We like to travel,” says Danielle. “Even if it’s just taking a simple road trip. I find that if I’m home, even if we have a couple of days off, it’s not necessarily easy to relax and hang out. We’re often going to take care of stuff around the
“We’re working directly with these business owners and their investors. We’re helping them grow their business through immigration, because they truly cannot find the talent they need in the U.S.”
house or do something for the business that comes up. So it’s really helpful to go away. Jim’s really good about insisting that we take breaks and go on trips or go out of town, whether it’s just the two of us, or the three of us. We do need that mental break from everything that we do. I think if I had all the time in the world and all the money in the world, I would travel all over.”
When asked about the cornerstones of Danielle’s values, the answer came quickly and easily. “Family, integrity, empathy, and teamwork. Family is a huge core part of everything that we do at the firm and that’s how we run the firm, and how we’re able to run it because we have such an amazing supportive family that helps us take care of everything. I mean, my in-laws are still a huge sounding board for us. And it’s not just my father-in-law, but my motherin-law cooks dinner once or twice a week, which is huge for me. It’s very difficult to have any kind of full-time job, let alone run a company, and be able to go home and make dinner every night. My family is nearby too, and we’re all a very tight group. I personally could not do what I do without my family.”
The company itself has become an extended family. Danielle and Jim have helped numerous employees in difficult situations over the years, and that has translated into devout loyalty to the Gotchers and the firm.
While no mortal can tell the future, it’s a safe bet that the global nature of business, the rise of new technologies, and Global Immigration Partners will continue to expand. And it’s also a pretty safe bet that Danielle Gotcher will continue to be there for her own family and work families, and they will all be there for her and GIP as well.
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Visit our website www.mabusinessadvisors.com Or contact us at (818) 999-9621 for a complementary consultation
23 ECHELON PROFESSIONAL Q2 2024
Beyond the Numbers
How having a Certified Divorce Financial Analyst can positively impact mediated divorces
BY SCOTT LEVIN, ESQ.
Divorce mediation can be an extremely stressful process. Most couples seek to gain balance and equity in results. Especially when money and assets get split.
The whole process and results of divorce mediation can be greatly improved using a particular professional with financial expertise. The Certified Divorce Financial Analyst (CDFA) is a key player in this field. In my capacity as a family law attorney and CDFA who only handles mediations in divorce cases, my clients and I sometimes include an impartial CDFA specialist in our partnership to aid in the bargaining process. An unbiased CDFA, in my opinion, is essential to the mediation process because they can help divorced couples communicate financially, give them more leverage, and encourage a more peaceful resolution.
Understanding the Role of a CDFA
Couples can gain from the financial specialist’s insight and analysis when they participate in divorce mediation with a neutral CDFA. Although each party in a mediation may hire a different CDFA to provide advice to them directly, the CDFA is brought in as a neutral third party on behalf of the group mediation in order to support the goals of the team.
A CDFA can offer insight into the implications of the financial splits for the foreseeable future as well as for the near term. The CDFA can assist the mediator and the parties in crafting a deliberate settlement that is founded on informed decision-making by establishing a route that enables the couple to make smart, well-informed judgments.
As a bit of an oracle for divorcing couples, a CDFA offers professional insight into the short- and longterm ramifications of proposed settlements. This entails estimating how financial decisions will affect long-term stability and living after divorce. Couples are empowered to actively discuss and negotiate financial issues of divorce through the CDFA, which customizes financial plans to each couple’s specific circumstances.
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Beyond the Numbers
Financial Assessment and Planning
The Certified Divorce Financial Analyst (CDFA) conducts a comprehensive financial examination during the mediation process. The procedure entails a thorough examination of multiple financial components, such as assets, obligations, income, and expenses. Once these components are analyzed by the CDFA, divorcing couples are given a clear knowledge of their existing financial condition.
The foundation of cooperative financial planning during divorce discussions is built on the knowledge obtained from this financial assessment. When couples have a clear grasp of their financial situation, the process of dividing assets and liabilities can be less complicated. This proactive strategy guarantees that the final financial agreements fit the particular goals and conditions of all parties involved, while also streamlining the negotiation process. In the end, the financial
assessment and planning provided by the CDFA enable divorcing spouses to make wise choices that will lead to a more secure and long-lasting financial future after the divorce.
Providing Neutral Ground for Financial Discussions
The choice to include a CDFA in financial negotiations as an impartial party creates a revolutionary dynamic in the divorce mediation process. The CDFA offers equal access as a colleague throughout the mediation process and speaks to and communicates with both parties jointly by taking on the role of a neutral. This strategy ensures objectivity and balance.
Unlike typical negotiations, which may be acrimonious, the engagement of the CDFA promotes equity and openness. Since the CDFA is primarily concerned with promoting a cooperative and less combative negotiation process, each side is free to voice their concerns, preferences, and financial objectives. Because of its impartiality, the
CDFA helps to facilitate better communication and cooperation between the divorcing parties, which leads to a more peaceful conclusion. This balanced approach improves mediation, allowing couples to negotiate money talks more amicably and fairly.
Long-Term Implications And Financial Literacy
Including a CDFA in the mediation process is essential because it emphasizes financial literacy and long-term consequences. The CDFA makes sure divorcing couples fully comprehend the consequences of their financial decisions by raising their level of financial literacy. As a result, by being aware of the long-term effects of different choices, spouses can make decisions that are in line with their post-divorce objectives.
The CDFA helps divorcing couples reach settlements that are beneficial to their financial futures as well as
“Couples are empowered to actively discuss and negotiate financial issues of divorce through the CDFA.”
equitable in the here and now. Couples can confidently and strategically handle the intricacies of divorce by focusing on long-term repercussions and financial literacy.
How a CDFA Integrates Seamlessly with Mediation
Divorcing spouses are guided by the CDFA toward arrangements that are beneficial to their financial futures as well as equitable in the here and now. Couples can handle the challenges of divorce with confidence and foresight by focusing on long-term effects and financial literacy.
The CDFA creates a comprehensive approach to divorce mediation by collaborating with mental health and legal experts. The CDFA advances a comprehensive understanding of divorce by working in conjunction with experts from a range of disciplines. Taking into account financial factors in addition to legal and emotional ones enhances the mediation process. The heart of the CDFA’s smooth integration with divorce mediation is giving
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couples a thorough and cooperative setting for negotiating the challenges of divorce.
In divorce mediation, having a neutral CDFA present can make all the difference in the world. We demystify the contributions of CDFAs by shedding light on their diverse roles, and we urge divorcing spouses to think about the benefits of involving a neutral CDFA in their mediation process. The foundation for a more comprehensive, knowledgeable, and amicable divorce resolution is laid by the cooperative synergy of legal, financial, and mental
Scott Levin is the Chief Peacekeeper™ at San Diego Divorce Mediation and Family Law. With a wealth of expertise in divorce mediation, Scott is dedicated to transforming conflict into understanding, one resolution at a time. His commitment to fostering amicable separations has earned him the title of Chief Peacekeeper™. As a trusted mediator, Scott empowers individuals to navigate divorce and family legal matters with dignity, offering a path to resolution that prioritizes harmony and mutual understanding. He can be reached at (858) 255-1321.
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RENTING YOUR HOUSE FOR FILMING
It could mean 14 days of tax-free income annually.
BY GARY WEISS, CPA
Have you ever considered the fortunate individuals who are able to have a film team utilize their home for a commercial or production shoot? Should you be so lucky, you will experience significant disruptions for a couple of days or a week or so. Cast and crew members barging in and out of your home, causing a little—or a lot—of mess. At least you’ll have access to craft services, which always include really good food.
Here is The Best Part
Once the cast and crew have all left and the unpleasant damages have all been fixed, you find yourself with a sizable sum of money that you received to “rent” out your property. You grab (carpe diem style) the chance to declare, “That’s my house,” to anyone watching the tv with you. Or for the bragging rights you get when you and all your friends go to the movie. Here is the most amazing part, that big check from the production accountant is probably not taxable as income, which is the nicest part of the experience.
“What?” You Say. “Not Taxable, That’s Not Possible!”
You may not be familiar with the “Augusta Rule.” The reason this little known gem of an exclusion got its name is that many people believe it was made either on behalf of or at the request of the people who reside near the Augusta Golf Course. And according to a Forbes article, yes.
A Bit of Internal Revenue Code—
Only for Medicinal Purposes
Section 280A and the Augusta Rule. Congress enacted §280A in the Tax Reform Act of 1976, P.L. 94-455, 90 Stat. 1520, 1569, to address situations where personal use of a residence is mixed with business use. Section 280A does not apply, however, if the business activity is de minimis (that means not very much in Latin). Section 280A(g) draws a bright-line de minimis rule at 14 days. That is, if you rent your property out for 14 days or less during the
year, §280A(g) says you may not take any deductions. But §280A(g) also says you also do not have to report the income. Thus, income from the rental of your house is not taxable, as long as it is for 14 days or less per year. Beyond 14 days in a year, you need to declare the income as usual. Make sure to consult your tax preparer and bring up the ‘ol Augusta Rule.
Can
I Rent My Boat to My Corporation, Tax Free?
For those of you who own your own business and must pay a monthly rental fee, you know that fee is deductible as an “Ordinary and Necessary Business Expense” (§162). So, how do you rent your house, boat, car, or ADU and not drive your CPA “Cuckoo for Cocoa Puffs?”
It’s not nearly as easy as writing out a corporate check to yourself, subtracting the amount at the business level, and keeping your personal income out of mind. Initially, for the meetings to qualify as regular and essential, they must have valid objectives. Second, the rental fee ought to be reasonable even in cases where the meetings have a valid reason. Proof is only important if you find yourself in front of an IRS auditor, as I advise every one of my clients on any item that is deductible. There can be severe and expensive consequences for breaking the regulations. How then do you support the deduction? Actually, it depends on the IRS Revenue Agent, their background, and what they had for breakfast that day.
Substantiation
You must have a written plan. A plan expresses your intentions. Independent [comparable] within a 100-mile radius need to bolster it. Every three years, a professional appraiser should be included in the plan to value the rental rate. “To determine whether the payments in question are deductible under Section 162, the basic question is whether the payments were in fact rent and not something else disguised as rent. *** Only the portion of an expense that is reasonable qualifies for deduction under
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TAXES
Section 162(a),” Judge Vasquez wrote in an actual Tax Court Case. In addition to having a strategy, you may wish to get it reviewed by a professional, if only to shield other portions of your return from the auditor.
A Last Word
In the event you receive a 1099-MISC for renting your home for filming, please do not ignore it. Add the amount to your tax return and make an adjustment referencing the Augusta Rule. This is a great loophole (or government subsidy as I have addressed in a previous article) if used properly. Just keep in mind that this loophole can be very tricky and wrought with tax-related legal landmines.
Gary Weiss, CPA is a graduate of the Marshall School of the University of Southern California. He founded and operates a boutique accounting firm dedicated to bringing high-quality tax preparation, tax planning and tax resolution services to individuals, small businesses, small nonprofits, family-owned businesses and start-ups. He can be reached at (805) 874-2001, gary@garyweisscpa.com.
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TRUSTS 3 BIGGEST MISTAKES in Estate Planning
When it comes to creating a revocable living trust, here are three mistakes to avoid.
BY DAVID R. SCHNEIDER,
ESQ.
Ithink for most of us, creating a trust that has the least amount of headache for our loved ones is important. Unfortunately, I see a fair number of trusts that have one of these three big mistakes, if not all. Deciding when a child or beneficiary will receive their inheritance is a biggie, especially if your children are younger. Then choosing the right trustee to make sure that your trust is executed the most fair and legal way. Once you’ve got these two fixed, the next monstrous mistake to fix is actually funding your trust. There is nothing to execute if your trust is empty. And if there is, it will take a lot more time and headache for those loved ones.
1When To Deliver The Trust Assets
Significant thought must go into the “when” of delivering the trust assets. The State of California says your child is mature and an adult when they attain the age of 18. What we know is that 18-year-olds can generally make poor decisions. Showering them with money, homes, and assets usually does not help. So, when is the right time? Age 21? 25? Graduation from college? The correct answer might be all these times or none of these times or something in the middle.
Generally, most young adults will hit the pinnacle of their maturity by age 30–35. So, to help protect those younger beneficiaries, primarily from themselves, we utilize a tool called the Children’s Trust provisions as part of the overall trust. This allows the successor trustee to hold back assets
from distribution to the young adult until a time when you expect they would then be mature enough to handle the responsibility of owning/ maintaining the assets.
Well, my kids are older, so I don’t have to think about that right? Sadly no. There is, in fact, no guarantee that your children will actually survive you. The law of large numbers says this is the most likely of circumstances, but it is certainly not guaranteed—we all know someone in our own family or someone we are very close to that has lost a child before a parent. Should this tragic situation occur, there needs to be a backup plan. The usual plan would be to send the share to the deceased child’s children (your grandchildren). Given the usual circumstances, these people are likely to be young, so we face the same problem again. Comprehensive planning is the thought process
beyond the obvious and making sure all your needs and the needs of the future generation are met.
An additional problem often not properly addressed with beneficiaries is dealing with special needs beneficiaries, beneficiaries with developmental disabilities. These beneficiaries usually cannot inherit as they will not have the requisite skills to handle such an inheritance. They are often taken advantage of, and such inheritance can have the negative effect of disallowing programs the child previously qualified for which were based on the requirement that they had no assets and were in fact at the poverty level. We deal with these unique circumstances through a Special Needs Trust.
2
Choice Of Trustees / Co-Trustees
A realistic view of the people you are turning to handle your affairs is of paramount importance. Several times a week I hear the exasperation of a sibling or beneficiary that that their brother/sister is not responsive, not doing what they are supposed to, not communicating, hiding information… the list goes on. This is a daily call received and no one can believe that this person is not following the terms of the trust. In this circum-
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stance, the only trust police are the other beneficiaries; the only method to enforce the trust law, is through legal action. So what this really comes down to is whether you have picked someone that can be relied upon.
Several common mistakes come up when the client is trying to choose who to pick as their successor trustees; some will look to the eldest son, eldest child, child that lives the closest, child that lives with them and knows where the paperwork is. Really, all of these miss the real objective—to choose the person who you have faith and confidence in, that come hell or high-water, these people have your back. You are looking for someone who is fair and above reproach.
Another thing I often hear, “I don’t want to hurt someone’s feelings.” When compared to mismanagement of the beneficiaries’ funds, hurt feelings are the last thing that should be considered.
“So I will name all of the children to act together…” Most clients I work with have a very optimistic view that all their children will get along, when most of the time they cannot even agree where to eat lunch! There is nothing inherently wrong with naming a co-trustee, but this is not a situation of person 1 or person 2—it is person 1 and person 2 acting together.
The most important thing here is to be realistic and make the best choices possible and not be driven by emotion or an antiquated thought that the oldest child is the best to do this.
3Funding Your Trust
You have created your trust and estate plan and you are feeling pretty good about this. You finally put the plan in place, the one you had been thinking about and promising yourself you would do for years— weight off your shoulders, good job!
WHOA, YOUR NOT DONE YET!
The single biggest failure of a revocable living trust is the failure to properly title assets in the name of the trust. Most people and a surprising number of professionals have the belief they have finished their project with the signing of the trust agreement. Remember, the trust is a separate legal entity, controlled by the trustees. The trustees can only control that which is owned by the trust. If the asset remains in your name, the name of the decedent, the trustee cannot control it and the typical outcome will be a probate proceeding with all the costs and delays you were trying to avoid.
This means not only re-titling the real estate in the name of the trust, but
The single biggest failure of a revocable living trust is the failure to properly title assets in the name of the trust.
also the financial accounts—checking, savings, CD’s, brokerage accounts. The life insurance should name the trust as the beneficiary—not the spouse. Depending on the age of your beneficiaries, you may need to name your trust as a successor beneficiary of your IRA and 401k.
These discussions and counsel concerning the various options, is what you should expect when dealing with your estate planning professional— what you cannot obtain when completing a form online. The surgeon does not operate on themselves, and the plain fact of the matter is that you yourself will never know if the estate plan failed.
David R. Schneider of DRS Law is a member of Echelon Business Development. He is an estate planning attorney and trusted advisor in Thousand Oaks, Calif., with more than two decades of experience helping families with their estate planning needs, probate proceeding avoidance, conservatorship issues and use of Special Needs Trusts. He can be reached at 805374-8777, dschneider@drs-law.com.
31 ECHELON PROFESSIONAL Q2 2024
ONE-ON-ONE with
Adam Grant
Adam D.H. Grant is a shareholder of Grant | Shenon. His practice leverages his vast experience and expertise in complex business disputes, mobile app law, online and digital privacy, embezzlement issues, construction law and real estate matters. As a litigator he has successfully litigated in state as well as federal courts. His is known for his stamina and endurance, both literally and figuratively, as extreme sports athlete and an attorney with 30+ years’ experience.
Grant | Shenon, as a firm, provides more than 100 years of combined legal experience representing clients across California in state and federal court to provide creative legal strategies other business law firms simply cannot.
The firm prioritizes understanding clients’ objectives, whether financial or personal, to provide comprehensive, long-term solutions. Knowing that legal matters can be quite perplexing, Grant | Shenon offers clear explanations of all options, ensuring clients can move forward efficiently while minimizing financial and emotional burdens.
Grant | Shenon focuses the firm efforts in three main areas. These include Civil Litigation, Corporate and Transactional Matters, and Data Security and Privacy. The firm is headquartered in Sherman Oaks, California.
With your unique areas of practice and experience, who is a typical client of yours?
My clients range from individuals to small/medium business. I handle matters involving their home or their businesses. Sometimes my clients are larger corporations with 100’s of employees.
One of your practice areas is mobile app law. What is the biggest trend you are finding in this area that readers should know about?
Digital privacy and data breach issues have become prolific in recent years. Most people hear about the large data breaches such as Nordstrom or Target. However, most data breaches occur to small- and medium-sized businesses. They also frequently occur when someone inadvertently clicks on an email or on a link in email. Breaches also occur when someone goes to a website and then downloads a program.
As a bona fide Ironman athlete, how has your discipline for your sport translated to your law practice?
As I prepare for an Ironman and when I race, I take each moment at a time and build on that moment. I don’t think about what it feels like to travel 140.6 miles in one day under my own power. I look to the next swim buoy or the next aid station on the course. If something happens during a race— and they do—I expect the hiccup and calmly adjust to achieve the goal. This method translates directly into my practice. I understand the big picture— winning the case—but I break the case down into steps to achieve what I need to do. If something happens in a case, at trial or in a deposition—and they always do—I calmly pivot and adjust just like in a race.
We know about your impressive athletic endeavors. Would you mind sharing a little bit about yourself personally, and about how you got into law in the first place?
I have been married to my wife
Adam
D. H. Grant,
Esq.
Shreholder / Attorney Grant | Shenon, APC grantshenon.com info@grantshenon.com (818) 827-5121
“
I understand the big picture... I break the case down into steps to achieve what I need to do. If something happens in a case, at trial or in a deposition—and they always do—I calmly pivot and adjust just like in a race.”
Joyce for 34 years, 42 years of being together as a couple. We have three daughters. I was born in Phoenix and moved to San Diego in 1980 after I finished high school. I attended and graduated from UC San Diego and then moved to Los Angeles. I graduated from Southwestern University School of Law, then started practicing in 1990. I worked at different firms primarily litigating complex business matters. In 2005 I started my own practice with 10 clients. In a year I had 100 clients and an associate. In 2007, I merged my practice with Lee Alpert and Gary Barr, forming Alpert, Barr & Grant. When Gary retired, we merged with Shenon Law Group and became Grant | Shenon.
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CONVERSATIONS
MAY 9, 2024 | 7PM at the ALEX THEATRE
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Dena Klotz
ena Klotz, Senior Counsel and Managing Attorney at Lagerlof, LLP in Encino, specializes in estate planning and post-death trust administration and probate.
After graduating from UCLA, Dena attended Pepperdine University, School of Law. She began her career practicing in the area of estate planning. Dena took time off from practicing law to prioritize her family and raise her three children.
Dena’s personal experiences of parenting, marriage, and familial issues led her to a journey of self-discovery and curiosity motivating her to earn a Master’s Degree in Marriage and Family Therapy. Dena worked as a therapist, specializing in conflict resolution and communication within families and couples.
Passionate about helping people and utilizing all her skills, Dena returned to practicing law. Dena’s relatability allows her to connect with clients on a personal level, understanding their unique circumstances while assisting them in creating estate plans to protect and pass down their family wealth or navigate trust administration following the passing of a loved one.
Tell us about your typical clients. That’s tough because I don’t have a “typical client.” I work with people from all walks of life. In general, estate planning spares loved ones from unnecessary stress during an already difficult time. Specifically, it avoids a lengthy and costly probate process, ensures individuals that their wishes are carried out and assets are distributed according to their preferences, navigates the complexities of intergenerational wealth, and can minimize or eliminate estate taxes.
I work with clients in all life stages. I love working with couples who just got married or welcomed their first child, and have many clients seeking assistance have just settled into retirement. I have clients with modest assets and net worth along with clients of extreme high net worth who require intricate and sophisticated planning strategies.
The flip side to my estate planning practice is my post-death practice. This includes both a probate practice and trust administration. Trust administration is the process of managing and distributing the assets according to the terms of a trust after someone has passed away. Many individuals fail to do any trust administration when a spouse dies that can create a number of issues when the second spouse dies. I have clients referred to me with big issues because either they did not do any trust administration at the first spouse’s death or the attorney who did it did not specialize in it and did a lousy job.
How has having a Master’s Degree in Marriage and Family Therapy along with a real estate license and your law degree helped you most in your practice?
I possess a unique skill set that benefits my clients. My MFT degree allows me to understand my clients’ emotional needs and family dynamics, as well as provides me with tools to help guide them through this process. Additionally, I easily facilitate open and honest conversations about sensitive topics, and my clients feel safe, heard, and understood.
As a real estate broker and someone who worked as a realtor, I understand and guide my clients on property transfer issues, tax implications, property law,
Dena Klotz Senior Counsel / Managing Attorney
and other issues surrounding real property. Most clients own at least a primary residence, and many individuals own rental and commercial properties.
My education and experiences allow me to truly counsel my clients and address their legal, emotional, and practical concerns with empathy, expertise, knowledge, and professionalism.
You love the outdoors. What activities are your favorite and how do they help you provide work-life balance?
Cycling (mountain and road) is not just a hobby; it is vital to my worklife balance. Cycling forces me to disconnect from the noise of the world and be fully present in the moment. It allows me to clear my head and recharge. It has also been instrumental in helping me overcome my fears. Conquering a steep hill on the road or navigating rough terrain on a mountain bike has been instrumental in helping me overcome my fears and tackle difficult challenges. Cycling enhances my physical and mental health, prevents burnout, and empowers me giving me the courage and determination to be a better person and professional.
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D ONE-ON-ONE with
LAGERLOF, LLP lagerlof.com dklotz@lagerlof.com
(818) 804-4691
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