Wealth Actually

Frazer Rice
undefined
Sep 12, 2023 • 29min

EP-141 WRITING “THE MYSTERIOUS CASE OF RUDOLF DIESEL” with Author, DOUG BRUNT

https://open.spotify.com/show/51hVAo0WB8Lp1ECeyCWZhC "September 29, 1913: the steamship Dresden is halfway between Belgium and England. On board is one of the most famous men in the world, Rudolf Diesel, whose new internal combustion engine is on the verge of revolutionizing global industry forever. But Diesel never arrives at his destination. He vanishes during the night and headlines around the world wonder if it was an accident, suicide, or murder." Author, DOUG BRUNT, takes us on a journey into the life of this modern day Tesla. We talk about his latest book, "The Mysterious Case of Rudolf Diesel." In this wide-ranging discussion, we get into the world of writing, the entrepreneurism of being an author, the differences between fiction and non-fiction and his "Dedicated" podcast with the leading lights in the publishing world. It's a great listen for budding authors, readers and entrepreneurs. https://www.amazon.com/Mysterious-Case-Rudolf-Diesel-Deception-ebook/dp/B0BV123PC8/ref=sr_1_2?crid=34B7KZ2Y3XBDE&keywords=doug+brunt&qid=1694454066&s=digital-text&sprefix=brunt+%2Cdigital-text%2C128&sr=1-2 Doug's Background From Entrepreneur to Writer Fiction to Non-Fiction- What is different? How did you research the book?Whom do you lean on for advice/notes as you go through the process? The Mysterious Case of Rudolf Diesel What did you learn about the man in your research?The device to interject Rockefeller and Wilhelm for context Diesel's seismic impact- why has he been forgotten? Where do you place him in the pantheon of inventors? The Dedicated Podcast What do you learn in those discussions?How do we keep track of your podcast?When does the book come out and where do we buy it? THE MYSTERIOUS CASE OF RUDOLF DIESEL DEDICATED PODCAST https://open.spotify.com/show/30nZjASHZdffdfDanIaAgz DOUG BRUNT TWITTER (@dougbrunt) https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/
undefined
Aug 31, 2023 • 39min

EP-140 “WHEN PHILANTHROPY GOES WRONG” – THE ROBERTSON/PRINCETON CASE with Author, DOUG WHITE

Philanthropy is one of the most important tools for families to strengthen their communities, establish their legacy and communicate their values - both inwardly and outwardly. What happens when the organizations that receive family resources don't fulfill the donor's intent? What if the charities mean well, but aren't effective? What if the charities use the resources for something else entirely? Well, these issues came up in a big way when the Robertson Family of A&P Supermarket fame disagreed with the way Princeton handled the proceeds of a $35 million gift. Author, DOUG WHITE is going to lay out the case, explain where it went wrong, and give us some lessons on how to avoid future quagmires around donor intent. https://open.spotify.com/episode/4H0MEi1bLT697JKlX5Qquj?si=zculG00TSL6n_Og5eT8jQw DOUG WHITE, a long-time leader in the nation’s philanthropic community, is a 5-time author, teacher, and an advisor to nonprofit organizations and philanthropists. He is Co-Chair of the FoolProof Foundation’s Walter Cronkite Project Committee and a governing board member of the Secular Coalition of America. He is the former director of Columbia University’s Master of Science in Fundraising Management program, where, in addition to his extensive management responsibilities, he taught board governance, ethics and fundraising. He is also the former academic director of New York University’s Heyman Center for Philanthropy and Fundraising. He has also been an advisor to BoardSource, the nation’s leading organization dedicated to “building exceptional nonprofit boards and inspiring board service.” Doug has written five books: “Wounded Charity” (Paragon House, 2019) “Abusing Donor Intent” (Paragon House, 2014) “The Nonprofit Challenge: Integrating Ethics into the Purpose and Promise of Our Nation’s Charities” (Palgrave Macmillan, 2010),  “Charity on Trial: What You Need to Know Before You Give” (Barricade Books, 2007), “The Art of Planned Giving: Understanding Donors and the Culture of Giving” (John Wiley & Sons, 1997) His expertise includes fundraising strategy, board governance, improving organizational processes, and ethical decision-making. Introduction and Doug's Background The Role of Philanthropy Help for Donors Help for Charities Donor Intent - The Robertson / Princeton Case The Robertsons (Descendants of Charles and Marie Robertson) Source of Wealth (A&P Supermarket Fortune) The Desire to Build the Woodrow Wilson School After JFK in 1961 The Gift- $35 Million in 1961 (Robertson Foundation: > $900mm in 2008) The Mistake in Structuring (and codifying) the Gift Where did Princeton veer off course? Funds used for other purposes The Conflict between Charity and Family when the Patriarch Died The Expense ($45mm in legal fees by both sides!) Princeton's Explanation: Good practices for families making the gift (and monitoring it) Establishing and Codifying Donor Intent Balancing Rigidity and Flexibility around terms and uses of the gift Drawing up a Binding Agreement Communication (Oversight at the Charity and the Family) Performance Metrics Accountability Structures and Procedures https://www.amazon.com/Abusing-Donor-Intent-Robertson-University/dp/1557789096 DOUG's CONTACT INFORMATION https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/
undefined
Aug 24, 2023 • 42min

EP-139 “THE HEALTH/WEALTH BALANCE” at 50 with DR. PHIL PEARLMAN

This episode is a little different. I'm going to talk about the importance of balance and health. This time I'm the example. I'm hitting the half century mark this year. After 3 years of COVID disrepair and neglect, I knew I needed a change. In this episode, I'm going to describe those changes and what it's done for me. I'll also be commenting on the significant gap between health, fitness and the wealth management industrial complex. In brief, I think the industry has a huge blind spot around the intersection of health and wealth and is dangerously ignorant about the widening time and expense divide between one's late career and death. To help me make sense of this is, noted expert, Phil Pearlman. DR. PHIL PEARLMAN, is the founder of THE PEARL INSTITUTE. He is an expert in the areas of personal health, human change processes, and systems integration. Phil and I didn't work together. However, I hope his unique perspective on balancing career, fitness, mental health and other facets help put my experience into context and give the audience some lessons from my journey. About Phil DR. PHIL PEARLMAN, is the founder of THE PEARL INSTITUTE. He is an expert in the areas of personal health, human change processes, and systems integration. Phil is the author of The Primecuts Newsletter, which focuses on cultivating a healthy lifestyle, mindset, and identity through the powers of creativity, reinvention, and grit. Phil is an advisor to and investor in social/digital media companies across stages of development. Previously, he served as CBO and CMO at Osprey Funds, EVP at Bank OZK, Executive Editor at Stocktwits, and Interactive Editor at Yahoo Finance. Phil earned a doctor of psychology degree from Argosy University. He lives with his wife and two boys in Montebello, New York. https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/
undefined
Aug 13, 2023 • 56min

EP-138 “VENTURE CAPITAL” AND DISRUPTION with JULIE FREDRICKSON

"Venture Capital" is a small subset of private equity surrounded in mystique and fable. In reality, the world of start-ups is filled with the highs and lows of hard work, loneliness, crushing disappointment and, sometimes, unbelievable success. The bold founders usually have a vision to disrupt the status quo and build a new world around that idea. The VC community is a unique culture that understands the founders' motivations. It provides the resources, support and discipline to help them prove their idea, grow, survive, adapt and thrive in the face of the longest odds. They say "it takes a village." In "Venture Capital", the hope is that these mavericks are surrounded by an ecosystem of investors that understand the disruption they feed and have the patience to let them manifest their vision. JULIE FREDRICKSON is the Managing Partner of CHAOTIC CAPITAL. She will help us understand what it takes to survive and thrive in this space and skewer some sacred cows along the way. Julie's Background "I’m a founder with experience in retail and e-com businesses across all stages. I’ve raised from venture, PE, and crazy people. for everything from cosmetics to online advertising. A couple of my companies even exited and are still around. My first company was Coutorture Media, a luxury affiliate publishing and e-commerce network acquired by Sugar Inc. I then founded playAPI, a developer tool kit and SaaS platform for digital brand marketers. Most recently I went physical with Stowaway Cosmetics a direct to consumer cosmetics brand, which is now part of WIN Brands Group." Venture Capital Generally- What does success of individual investment look like?What does success of portfolio look like? Differentiation 1. Underwriting Businesses: Asset-Light & Equity-Efficient: "We focus on ventures fitting the VC mold, prioritizing scalable, asset-light companies that require minimal equity financing. Two of our most successful seed investments raised
undefined
Aug 2, 2023 • 32min

EP-137 COST SEGREGATION and REAL ESTATE with MITCHELL BALDRIDGE, CPA

Real Estate investing is seen as the holy grail of passive income and wealth independence. One of the popular facets of real estate investing is the tax advantage that much of the IRS code provides to the owner/operator. High on the list of cocktail party chatter topics is the concept of COST SEGREGATION. It is a way to deconstruct the components of real estate developments, depreciate them faster than the normal life of a building and net the deductions against other income. To explain this concept, MITCHELL BALDRIDGE joins the podcast. The Texas-based CPA and CFP will take us through the ins and outs of Cost Segregation Studies and discuss the importance of solid bookkeeping and delegation for entrepreneurs and other business operators Cost Segregation -Describing the concept - accelerated depreciation and deductions-Potential benefits in numbers-Types of projects where it works (Who is it for?)-Process- getting study, dotting i's, building in documentation now and forward-Traps for the unwary- Sloppiness, Passive vs Active income, Full-Time Real Estate Occupation, -Recapture- what it is and how to manage it Bookkeeping and Bulletproofing your Business for Future Sale -Importance of dotting i's-Looking for tax savings-Delegating intensive work-Coordinating with advisors https://www.betterbookkeeping.com/ How do we find you? https://twitter.com/baldridgecpa Links https://www.recostseg.com/ https://baldridgefinancial.com/services/cost-segregation/ https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/
undefined
Jul 14, 2023 • 53min

EP-136 “THE IRS AUDITS YOU- WHAT NEXT?” with KELLEY MILLER from REED SMITH

One of America's best (and most quotable) judges, Learned Hand said, "Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes." What happens when the IRS disagrees with the way you’ve arranged your affairs? What do you do when you receive “fan mail” from the IRS (or the State Taxing authority) KELLEY C. MILLER, ACTEC Fellow and Partner at Reed Smith in Washington DC. helps us understand the process of an IRS audit, good practices in dealing with an audit, and inside knowledge of how the process works at the agency. This episode is full of good information on an uncomfortable, but vital, topic for families that are pursuing complicated planning that may catch the attention of the taxman. Background and Good Conduct Rules of Thumb Be Honest Be Prompt Be Complete Be Clear/Organized Be Consistent and coordinated with other tax and gov’t authorities Be Quick to Alert the IRS if issues come up What is the IRS / State looking for? In a word, UNDERPAYMENT . . . or "more revenue." Listed Transactions (ex. syndicated conservation easements) Unreported income Mischaracterization of gain vs income Filing status (ex. Domicile / Residence - esp. at state level) and Dependents Itemized deductions (Business vs Personal) Eligibility for credits / treatment Sources of “referrals”: Data (Demographics, Internal Data, HNW, UHNW patterns, Social Media, AI in the future?) News, Spouses, Other Agencies (Corporate Transparency Act Implications) Past conduct How is the IRS to deal with? Other states? They are professional and sophisticated but under-resourced Whom are they looking for? Improvements? Potential new staffing and technological investments Is not incorporating your advice team ever a good idea? Civil vs. Criminal vs Collections Departments Process 1) Open the Letter!  (Not a good time to stick your head in the sand) Is it an audit or a request for additional information? What person or entity is being audited? What is the focus of the audit? What documentation is being requested? What kind of audit? Correspondence Audit: The IRS requests additional information regarding a part of your tax return, such as receipts or canceled checks. Office Audit: The IRS requests that you bring specific documentation into your local IRS office- the audit happens there. Field Audit: An IRS agent shows up at your place of business to conduct a face-to-face audit. Taxpayer Compliance Measurement Program Audit: The mother of all audits- one that requires full documentation down to birth certificates to test the Agency's scoring systems. 2) Notify the team and decide on the response strategy Who is quarterbacking the response and the interaction? Accountant / Attorney / Wealth Manager / COO When should the tax preparer run things vs an attorney? Do you need other expertise? Should you have Attorney / Client Privilege? Very likely. Who is compiling the information? 3) Responding to the request You should respond to the IRS/State within 30 days of receipt How should that occur? Call / letter? Crafting the response letter Supplying the requested information 4) No Action or additional payment? If it’s determined I owe more, what is the process of appeal? What if I don’t have it? Payment plans? 5) Closing the file Documenting the outcome Post-mortem – What practices were audited? Should we do anything different in tax planning Any other storm clouds on the horizon? Lessons Learned- Updating documentation and administration process going forward How Do We Stay In Touch with Kelley? KELLEY MILLER at REED SMITH KELLEY MILLER on LINKEDIN https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/
undefined
Jul 4, 2023 • 39min

EP-135 THE CONFIDENCE MAP and BEHAVIORAL FINANCE with PETER ATWATER

"Behavioral Finance" is all the rage. BeFi (as the not-so-cool kids in the financial world call it) is the next phase in guiding individuals, teams, boards, companies, and leaders to better decision-making. There is plenty of material telling us where people get it wrong. Even the best brains get deceived by a litany of behavioral biases. These biases cause people to fall off the track of economic rationality. However, even with all of these labels, there is little guidance on how to identify and use this context. Until now . . . PETER ATWATER argues in his new book "THE CONFIDENCE MAP" that there is a straight forward mental model. https://www.amazon.com/Confidence-Map-Charting-Chaos-Clarity/dp/0593539559/ It can diagnose an individual's emotion and confidence, its directionality and its relationship to group and social mood. Further, Peter asserts that people (and their advisors) can use this information to pull decision-makers out of the own limitations of their own silos. People will be able to recognize what is occurring in their surroundings, mitigate risk and maximize opportunity.  We'll discuss Peter's findings, the mental model he's developed and, finally, the process of writing the book.  Outline Quick background- The Confidence Map- central tenet of the book The context of one's place on the confidence map has as much to do with the decision making process as data and logic. Rationale behind the book - what was the problem that you were seeing? What was your research showing? Examples Johnson and Johnson Tylenol Case Boeing 737 Dreamliner Bud Light Defining the axis- Toggling between "Certainty and Control" Toggling between "Confidence and vulnerability" (not price!  Are humans innumerate?) Mapping human confidence (and using it in a forward looking manner) Individuals and recognizing their own position in the chart Leaders looking at group confidence and mood "at scale" to mark strategic shifts Collective mood vs individual mood Defining the group (which group is the individual following) Recognizing where one is on the map personally vs the group vs the masses Augmenting "behavioral finance" Behavioral economics tries to give us the tools and bias catalogues of where human beings fall off the train of rationality How do we think about the confidence map to help people predict (and avoid) their own frailties - especially around big decisions? What is the "equipment" you need to use these tools effectively to help me to understand their decision contexts and make better decisions (potentially in times of maximum stress)?  Is there a danger that this is giving a loaded gun to the financial services industrial complex? What was the book writing process like? Turning a box of ornaments into a Christmas Tree Using a Coach What were the struggles? How do we stay in touch? https://peteratwater.com/ Linkedin: Peter AtwaterTwitter: @peter_atwater Amazon: THE CONFIDENCE MAP https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/
undefined
Jun 13, 2023 • 45min

EP-134 THE CORPORATE TRANSPARENCY ACT and ESTATE PLANNING with STEPHEN LISS

The Corporate Transparency Act is legislation that is going to touch all high net worth clients in 2024.  This is like KYC procedures on steroids and investors need to be aware of it. Attorney, STEPHEN LISS helps us understand the scope of the developing new regime. The financial reporting system currently makes it cumbersome for regulators and law enforcement to track the asset ownership and cash flows.  Lessons learned from the Panama Papers and Pandora Papers disclosures signaled the need for a change.  Congress passed the CTA legislation in 2022 to combat money laundering, tax evasion and other illegalities.  After public input, final rules were recently promulgated. There are significant reporting responsibilities and criminal and financial penalties for non-compliance. The impact of these initiatives takes hold in 2024- It’s becoming a point of emphasis for the legal, accounting and financial services communities. It will be significant part of the estate planning process for HNW clients going forward. With the expected “2026 avalanche of estate planning. Clients are in a for a surprising change in the standard procedures around standard techniques. The concept of “Putting it in an LLC” or “putting it in a trust” is about to become more expensive, complicated and time-consuming- particularly in dealing with the law firms and especially financial institutions. STEPHEN LISS is a partner at Dungey and Dougherty and is on the forefront of this legislation and its impact on clients. We’re going to talk about the scope of the CTA, it’s impact and why it’s important for HNW clients to start early and get ahead of these requirements when the planning avalanche comes. Background Congress enacted the Corporate Transparency Act (“CTA”) under the Fiscal Year 2021 National Defense Authorization Act on January 1, 2021. The requirements of the CTA are being implemented “to help prevent and combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity, while minimizing the burden on reporting entities.” That said, even FinCEN acknowledges the enormous reporting burden imposed by the CTA, which it most recently estimated to be over 118 million hours in 2024, with an annual burden of over 18 million hours thereafter. The CTA added 31 USC §5336 to the Bank Secrecy Act with the title, “Beneficial ownership information reporting requirements”. The CTA has three core elements: Reports to FinCEN The CTA requires certain entities (each a “reporting company”) to identify itself, its primary owners and officers (each a “beneficial owner”), and certain professionals who helped to form or register the reporting company (each a “company applicant”). The reporting company must then report to the Financial Crimes Enforcement Network (“FinCEN”) information sufficient to identify the reporting company, its beneficial owners, and any company applicants (“beneficial owner information” or “BOI”). Control Access to Information FinCEN will provide BOI to government regulatory and investigatory bodies, but it will not be made available to the general public. In addition, there are specific procedural requirements for government actors to access this information, along with civil and criminal penalties for improperly accessing or using such information. Revised Due Diligence Requirements The Secretary of the Treasury is required to revise Customer Due Diligence requirements for financial institutions to conform to the CTA, and account for the ability of financial institutions to access beneficial ownership information. Outline What is the Corporate Transparency Act? The purpose of the Act is to Set a clear federal standard for incorporation practices Protect U.S. national security and commerce Enhance national security, intelligence, and law enforcement efforts to combat money laundering, terrorism financing, and other illicit activities Bring the U.S. into compliance with international anti-money laundering and countering of terrorism financing standards The Act does not create a public registry of business entities in the U.S. What Does the Corporate Transparency Act Require? •A Reporting Company must disclose information about the entity itself, the Company Applicant, and its Beneficial Owners to the Financial Crimes Enforcement Network (FinCEN) of the Department of Treasury •For each Beneficial Owner or Company Applicant, the disclosure must include •Full legal name and date of birth •Each Beneficial Owner’s current residential address, and each Company Applicant’s current business address •An identification number (such as a driver’s license or passport number) or FinCEN Identifier number (available upon request from FinCEN after providing name, address, and date of birth) and a digital copy of the identifying document •Effective January 1, 2024 A REPORTING COMPANY must also disclose its: •Full legal name •Any “doing business as” names •A complete current business address •The State, Tribal, or  foreign jurisdiction of formation •For a foreign reporting company, the State or Tribal jurisdiction where such company first registers •The TIN of the reporting company or foreign equivalent if a foreign reporting company has not been issued a TIN by the IRS FINCEN Identifier •Provide the information that normally must shared with a Reporting Company and FinCEN will issue you an identifier number that can be provided to any Reporting Company. •Any individual or entity with a FinCEN identifier must report to FinCEN within 30 days of any change in BOI or if they become aware or have reason to know any information was inaccurate. •If a Reporting Company and an entity that owns it have the same beneficial owners, the Reporting Company can use the entity FinCEN identifier instead of disclosing BOI of the owners of that entity. Protection of Beneficial Ownership Information The CTA does not authorize public disclosure of BOI FinCEN can disclose the information to: •A Federal agency engaged in national security, intelligence, or law enforcement activity, for the use in furtherance of such activities; •A State, local, or tribal law enforcement agency as part of a criminal or civil investigation, with court approval; •A foreign government, to assist an investigation if a Federal agency requests the information; •A financial institution with the consent of the reporting company, to facilitate compliance of the institution with customer due diligence; or •A Federal regulator to determine compliance of a financial institution with their customer due diligence requirements. Tax Adminsitration Officers and employees of the Department of the Treasury can access “beneficial ownership information for tax administration purposes…” 5336(c)(5)(B) Security Protocols The protocols are intended to: •Protect the security and confidentiality of any BOI; •Require requesting agencies to establish, maintain, and abide by a secure system that would store BOI; •Limit the scope of information sought, consistent with the purpose of seeking the information; •Restrict access to BOI to those who have undergone appropriate training, and who are authorized to access the information; and •Establish an auditable system of records to track each request, purpose of the request, name of requesting individual, and any disclosure of information. •Proposed regulations were issued December 16, 2022. Penalties for Government Misuse of Information •Any individual guilty of unauthorized disclosure or use of Beneficial Owner information •Is liable for a civil penalty of $500 per day the violation continues or is not remedied and •If found criminally liable shall be fined no more than $250,000, or imprisoned for 5 years, or both or •If violating another law of the United States or any illegal activity involving more than $100,000 over a 12-month period, the maximum criminal fine increases to $500,000 or 10 years imprisonment. What Does the Corporate Transparency Act Require? A Reporting Company must disclose information about the entity itself, the Company Applicant, and its Beneficial Owners to the Financial Crimes Enforcement Network (FinCEN) of the Department of Treasury Reporting Companies •The Act defines a Reporting Company as: •A corporation, LLC, or other similar entity that is 1.Created by filing a document with a secretary of state or a similar office under the law of a State or Indian Tribe; or 2.Formed under the law of a foreign country and registered to do business in the United States by the filing of a document with the secretary of state or a similar office under the laws of a State or Indian Tribe.  •LPs, LLPs and business trusts (statutory trusts) are “similar” entities •Trusts and general partnerships are excluded from this definition Exemptions for Companies •The Act excludes 23 types of entities from qualifying as a Reporting Company. A “Large Operating Company” •With 20 or more full time employees in the United States •30 hours a week or 130 hours per month •With gross receipts or sales as reported on a federal income tax return of over $5 million •Must be U.S. sourced income •With an operating presence at a physical office within the United States 501(c) tax exempt charitable organizations and foundations 527(e)(1) political organizations 4947(a)(1) and (2) charitable and split interest trusts Publicly traded organizations Domestic governmental authorities Banks, credit unions, depository institutions, and money transmitting businesses Broker dealers and RICs Securities exchanges Insurance companies Public utilities Public accounting firms registered under Section 102 of the Sarbanes-Oxley Act Financial market utilities
undefined
May 30, 2023 • 22min

EP-133 NEW YORK’S ESTATE TAX CLIFF with GEORGE BISCHOF, ESTATE PLANNING ATTORNEY

State Estate Taxes - State Estate taxes can be a nasty surprise- especially with the disconnect between State and Federal Exclusions. Currently, the Federal Exemption stands at $12.92mm per person. 17 states have and estate or inheritance tax and it's often uncoupled from the Federal exemptions. In New York, the state estate tax exclusion stands at $6.58mm per person- and that exclusion isn't portable with a spouse. With state estate tax rates reaching 16%, this could lead to a potentially big number. However, planning around this tax can be complicated. Estate Planning Attorney, GEORGE BISCHOF is here to define the problem and the clients it affects, provide some context for planning and give us some ideas on how to deal with it. George is an Estate Planning Attorney here in New York City at the WILLS AND TRUSTS FIRM (https://thewillsfirm.com/). He focuses on clients between $4 and $20mm in net worth. Estate Tax Federal ($12,920,000 per person) vs NYS ($6,580,000 per person) More New Yorkers can be caught in this than they think Real Estate can be a big issue Linkage to Gift Tax (NYS has no gift tax) Rates (40% Federal vs 16% State) NYS Cliff - Established in 2014 105% Estate Tax Exclusion is where the cliff kicks in. Graduated Tax Calculation Goes back to dollar zero and can be a $250K+ mistake Calculated on NYS property NYS has floated a longer phase-out range, no progress yet Being a City vs State Resident is irrelevant (as opposed to an income tax situation) Portability – Federal: Yes, NYS: NO!!! (but, Credit Shelter Trusts can be a solution) Ways to Reduce / Minimize This Tax Using Charity and a drafting Santa Clause (a conditional formula bequest that leaves money to your preferred charity (or one chosen by your executor or trustee), but only if doing so will result in a higher after-tax estate for your beneficiaries). Changing your residence AND domicile (and cutting NY linkages!) - See an in depth discussion on this topic with attorney MARK KLEIN - (SNOWBIRD PLANNING EPISODE) Using Gifting to get "under the cliff amount" (but beware of 3 year look back). Moving wealth to non-NY jurisdiction Maximizing “portability” with Disclaimer or Credit Shelter Trust structures Disclaimer language in wills and/or trusts Make sure you have an independent co-trustee   BONUS: I wrote about this topic back in 2019 and it gives some context around the planning. (The numbers have not been updated): https://frazerrice.com/blog/the-return-of-the-nys-estate-tax-cliff/ https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/  "Frazer Rice is an employee of Next Capital Management, LLC. This podcast is not investment, legal, or tax advice, nor does it reflect the opinions of Next Capital Management. Any opinions represented in the show are Frazer’s individually and not an endorsement of the guest. This podcast is for educational and entertainment purposes. It is neither investment, legal, nor tax advice and does not represent the opinions of any employers of the host or guest."
undefined
May 11, 2023 • 30min

EP-132 “ULTRA HIGH NET WORTH” CRISIS MANAGEMENT with JANE MINTZ MA, LPC

Crisis Management in the Wealth Space Lawyers, Accountants, Wealth Advisers and other advisers – are used to dealing with difficult situations all at the heart of their specialty.  But often, the advice the clients need goes past the wealth arena . . . . How do you help them when you hear situations like this? My son shows no drive and won’t get up from bed- My daughter is cutting herself- My brother just got his second DUI this year and is running the business into the ground- The trustee of my trust has missed filing taxes and is making mistakes- What do you do when you are the first point of contact, but out of your expertise?  What happens when the family is in crisis and devastating wealth impacts are in view? What happens when it’s not in your business model or expertise to deal with this part of the family’s issues? How do you do the right thing by your client and yourself? JANE MINTZ is the person to help us deal with this gaping hole in the wealth management industry. Jane is an internationally respected pioneer who has spent 20 years working with individuals and families around crises related to addictive illness, mental health, and life concerns. Best known for her work as a concierge strategist guiding clinically complex individuals and their families through extraordinary challenges, she is also a noted thought leader, industry consultant, educator, and speaker who has garnered international recognition. Jane has extensive experience working with family businesses and private family wealth offices so that the dysfunctions of today do not destroy the legacies of tomorrow.   Jane is a Licensed Professional Counselor with multiple dimension training credentials in high acuity clinical clients. She is a Laurel School graduate (Cleveland, OH) with degrees from Washington University (St. Louis, MO) and John Carroll University (Cleveland, OH).  https://open.spotify.com/episode/6s4CX5W9qxMtXwRRbBOtUi?si=zvatryXoRUadZirFtJJO4w Outline Jane, in a couple of sentences, what do you do as Professional Counselor- How is your expertise applied to the wealth space? (Family Businesses and Wealth Offices/Trustees) Crisis What constitutes a crisis? What is the difference between a crisis and a mistake (or “growing pains”)? How does a financial advisor, coworker, wealth manager know when to intervene? What are we looking for signs and symptoms that someone needs help:   Misspending  Not showing up for appointments  Missed deadlines  Disruption in workplace  Missed work  Inability to participate in large planning matters  The Intersection of Being a "Fiduciary" and Getting a Client the Help They Need? What is a fiduciary relationship?  vs. Human Ethics? When do human ethics supersede fiduciary ethics?  How can a clinical strategist be a key collaborator in bridging the gap between the two?    What does a professional counselor do?   What happens when a client is introduced to to a Counselor?    What are reasonable expectations?  For the family? For the Adviser? What does progress look like?  How do you set up the structures for long term success? Where does the Adviser fit in that process? How do we stay in touch and how do listeners find you? JANEMINTZ.COM Books Mentioned . . . . https://www.amazon.com/Four-Agreements-Practical-Personal-Freedom/dp/1878424319  "Frazer Rice is an employee of Next Capital Management, LLC. This podcast is not investment, legal, or tax advice, nor does it reflect the opinions of Next Capital Management. Any opinions represented in the show are Frazer’s individually and not an endorsement of the guest." https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/

The AI-powered Podcast Player

Save insights by tapping your headphones, chat with episodes, discover the best highlights - and more!
App store bannerPlay store banner
Get the app