Desert Estate Planning Law Blog : Palm Springs Estate Planning Lawyer & Attorney : Daryl Binkley Law Firm : Palm Desert, Indian Wells, Southern California

As anyone that knows me can attest to, I love entrepreneurs. My wife would tell you I was an entrepreneur since I was in diapers...

Today, I am surrounded by a good number of them, and many of them are friends. I work, network and support that entrepreneurial spirit in others...So when a networking group of entrepreneurs I am involved in (current Vice President of the BNI Desert Professionals--Rancho Mirage Chapter)  was thinking about charitable giving I was particularly interested in supporting young entrepreneurs.
 
So this year, I am pleased that our group of 17 business owners awarded our first Rancho Mirage BNI Chapter Entrepreneurial Scholarship of $1,750.00 to Jensen Bryant of Palm Desert High School.  He is an amazing young man--Eagle Scout, extremely high academics, and has an entrepreneurial spirit!

I see only blue skies and a bright future here.  Congrats Jensen!  As a member of the scholarship committee, he made our selection process much easier. 

As a father of a 5 year-old, I feel strongly about education and the need for scholarships to qualified candidates that my law office gave $500.00 to the scholarship fund.  Our chapter overall gave $500.00 from its "kitty" and a few other business owners in the group combined contribution was the other $750.00.  I hope that this is just the beginning of our new tradition. 

At the Senior Scholarship Awards Ceremony -- Miramonte Resort in Indian Wells, CA on May 17, 2011
Pictured from the left: Maria Dobkin (co-owner of Mr. Rooter Plumbing Palm Desert) Ana Radisic (Law Office of Daryl Binkley) Jensen Bryant (winner of BNI Desert Professionals 1st Entrepreneurial Scholarship) Daryl Binkley, Attorney & David Dobkin (Owner of Mr. Rooter Plumbing Palm Desert)

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The past weekend was one those amazing weekends to remember.  My wife and I attended the 22nd annual Palm Springs International Film Festival.  It was my first time attending the PSIFF Awards Gala & After-Party (@ The Parker) and we were completely blown-away by the scale of this event and the professionalism with which it was orchestrated. About 1800 attendees, along with so many Hollywood stars that were also there--the event really felt like a pre-Oscar party with the buzz to boot.  Everyone from the organizers (Palm Springs International Film Society) to host Mary Heart made this into a world-class event in Palm Springs.  And the event raised a reportedly $1.3 million for the Palm Springs Film Society.  Not too shabby for our little town, eh?  I think this is definitely an event that desert residents can be proud to have in their community. Check this article from the Desert Sun about the event.

Also, I would like to add that the Palm Springs Convention Center had their hands full--and they were able to pull off an elegant and intricate event--and from my perspective it was a great event. 

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My daughter, Isabella loves animals. So far, she has not seen a cat, dog, horse or fish she didn't like. In fact, she can spend all day playing with our neighborhood dogs and cats. So when I told her recently we will have a chance to tour the Animal Samaritans SPCA operations on Ramon Road in Thousand Palms (a place where she could see animals, specifically cats and dogs) she was super-excited. As a member of the Animal Samaritans’ Planned Giving Advisory Council I also wanted to experience the organization from the “front-line trenches.”

We didn't plan to stay as long as we did, but we left with so much appreciation for the people who run the place, the veterinarians and support staff who care for animals that are brought in for check-ups, surgery or vaccinations, and the volunteers who help out this wonderful organization.   

As a parent and animal lover, I felt it was important for my daughter to see that there are so many animals in need of shelter. And that these wonderful pets are as lovely and sweet as our own dog at home. My mom adopted a pet from here, and I am pretty sure that our next pet will come from this place as well.

As we strolled to look at the clinic, one of our guides Richard Martin, the Director of Operations, shared with us that on average the clinic provides more than 8,500 surgeries each year, which is one the highest number of surgeries compared to other similar organizations in California. And in late September construction workers poured the first layers of cement for the new Animal Samaritans' vet clinic.

Mr. Martin said, "We are very excited about the new clinic being built as we will be able to better serve our community with affordable vet care and realize our mission to assist in the elimination of animal homelessness." The new facilities will be state of the art. 

He continued on by saying, "Our facility is so busy and we are grateful for our staff, volunteers and everyone who helps our organization." The organization also has a great amount of events.

Each animal at the shelter has their own story. There was a beautiful gray cat "Pretty", a survivor of hurricane Katrina, there was Samba, a cat so beautiful and mysterious that we wanted to take her home (Pretty has already been adopted—YEAH!). In a separate room we met the "tub kittens"—15 kittens who were left in front of the Animal Samaritans building one early morning in September in a medium-sized tub sealed shut with packing tape. Luckily, they all survived and are now lively, playful kittens hopping and jumping around. We met a super sweet dog, Isabella (yes the same name as our daughter), who was so excited to see visitors. 

"Our volunteers and foster parents are here to take care of animals and provide so much needed love and care, before our pets are adopted. Donations and financial contributions are much needed but if those are not an option for you, volunteering and foster parenting are great ways to get involved" said Sandra Viden-Martins, Director of Development at Animal Samaritans SPCA.

"Our Animal Assisted Therapy volunteers bring their own temperament tested animals to various communities, from senior centers to children with disability, and what they do for others is truly amazing," continued Sandra

Besides volunteering, there are other ways to help this organization, such as providing for the Animal Samaritans SPCA in your estate planning documents, such as a will or trust. Planned giving provides funds for community-wide services of Animal Samaritans SPCA. Just remember to include the name of the charity in Thousand Palms in your estate planning documents to avoid confusion with other charities in other areas that may have a similar name.

I know that many pet lovers can attest to the fact that their pets improve their well being, significantly reduce their stress, and provide companionship. You might want to visit the lovely animals there and see what they can do for your well-being.   I know, I will be back there with my family soon.

Other Pictures Below:

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April is National Autism month, and as awareness is increased, the Healing Horses Therapeutic Riding Center in the Coachella Valley is raising funds for its year-round activities through a Silent Auction.  According to Advisory Board Member Gabriele Lawrence, "over 90% of [the non-profit's] riders are on the Autism Spectrum."

The Silent Auction is up and running now and will run through the end of April.  There are various items and services available to place a bid upon (donors below in parenthesis, if not stated outright):

• Bakery Gift Certificates (Pastry Swan Bakery)
• Italian designer jeans (Mister Marcus, Contemporary European Clothing)
• Private photography session (Janine Benner Photography)
• Physical Therapy or Yoga/Exercise Session (Perry Physical Therapy)
• Hair Up-Do and Makeup Application (Patrick Marchesson Salon)
• Tarah Jade Boutique Gift Certificate (Tarah Jade)
• Artwork:  "The Water Horses" by Ray M. Shadman and donated by Mr. Shadman.
• Artwork:  "Pinon Overlook" by Davis Murphy (Slink Productions)
• Photographic Works "Bee" and "Fox" by Rob Hock and donated by Mr. Hock
• Digital Fine Artworks "Six Chukker" and "Save" by Abe3Feathers and donated by Abe3Feathers.

Review the Healing Horses Website for updated information on the status of the Silent Auction.

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My daughter, Isabella recently started to teach our dog Boots (both pictured below)
everything she learns at her preschool: counting, days of the week, and even the pronunciation of letters from the alphabet.  She sits him down, tells him stories and sometimes even asks him if he likes a particular song. It is amusing to watch the two of them together and the bond that grows between them stronger everyday. It doesn't matter that our dog falls asleep half-way through her stories or that he walks over her toys -- he is there with her and always ready to play.  

When I write my blogs from home, Boots will sit up in my lap. He approves of everything I say, naturally, which is why I think he is incredibly smart....

I know that many pet lovers can attest to the fact that their pets improve their well being, significantly reduce their stress, and provide companionship.

If you're an animal lover you might be interested in the upcoming Animal Samaritans "Walk with the Animals" taking place on Saturday, March 21st from 9 am-12 pm. The money raised will help care for their homeless shelter and animals and fund the humane education program. There will be plenty fun activities for kids, pet costume contest and dog tricks.  Note registration begins at 8 am.

In a previous blog post I mentioned some of the benefits of pet planning, pet trusts and charitable gifting options. There have been changes in California law regarding pet trusts, so more blog posts dedicated to pet trusts and pet planning coming up soon....stay tuned. Have a question or comment about a pet trust, charitable giving option feel free to contact me or any charity organization directly.

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Estate planning is generally considered to be putting in place a system of instructions to transfer your property upon your death--which it is, to a large extent.  However, estate planning can be so much more than that. 

It can also be about transferring values to your loved ones and/or transferring some of your property to charities so your life brings about positive changes for the community-at-large. 

However, there are some people that give back to the community on a continual basis through the support of good causes. 

On March 7, my wife and I attended a celebration in the honor of Dick and Jan Oliphant who received the Children's Discovery Museum of the Desert's Children's Champions award for their support of the Museum and other philanthropic activities in our Coachella Valley. The event was also a fundraiser for the museum.

The gracious and elegant couple is pictured below. 

Jan and Dick holding their awards.

Sunny with museum volunteers.

Sunny with Betty Barker (Chairperson of the CDMOD Board of Trustees). 

Photos courtesy of Daryl L. Binkley, Esq.

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The Palm Desert Graduate Center of UCR hosted an event today for budding entrepreneurs, Angel investors, and professionals that advise both groups. The event drew a decent sized audience of professionals from around the desert.

One theme of today's event was "Why This Might be a Good Time to be an Entrepreneur."  A Keynote Speaker, a venture capitalist mentioned that companies in the "CleanTech" industry are performing quite well, and seeing increasing revenues, at a time when many companies are struggling.  Some of these companies help other companies save money through products that in one way or another reduce the amount of energy used, hence creating both an economic and environmental benefit.

As someone who previously performed Venture Capital research, I thought a comment made by one of the panelists was important for budding entrepreneurs to keep venture capital financing in perspective--namely that getting "VC" funding is very rare (less than 1% will get this type of funding according to a small business consultant at the event).

Entrepreneurs must find ways to have enough capital to get their idea off the ground. After all the number one reason businesses fail is under-capitalization.

A recent article in the Wall Street Journal was mentioned and is a must-read for anyone thinking about becoming an entrepreneur, because it takes an honest look at what it really means to be an entrepreneur, and asks someone considering that route 10 probing questions. 

I think besides the extreme financial risk one takes when starting a business, two other questions are very important for the would-be entrepreneur to think about--1. "Are you willing to sacrifice your lifestyle for potentially many years?...If you're used to steady paychecks, four weeks' paid vacation and employer-sponsored health benefits, you might be in for an unpleasant surprise."

The second question that a want-to-be-entrepreneur may have on their mind: "Is your significant other on board?"

Of course another question could be whether they are ready to deal with all the professionals they must interact with when starting a business:  lawyers (such as for incorporating and other legal agreements), CPA's for tax strategies, business consultants, bankers, etc.)

Anyone considering whether the entrepreneurial path is right for them should read the Wall Street Journal article "So You Want to be An Entrepreneur" twice.

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Two valuable and beneficial local organizations are having events coming up this month and next. 

First, is the Children's Discovery Museum's 8th Annual 2009 Discovery Home Tour on Sunday, February 8th, 2009.  Also, on Saturday March 7, is the Children's Champion event at Rancho Las Palmas in Rancho Mirage.  For more information go to the Children's Discovery Museum Web site.

Next, the Healing Horses Therapeutic Riding Center  supporting local Special Children is involved in two separate events and has put out a press release on the following:  1) "The Stomping of the Divots" Art Walk & Brunch, Sunday March 1st, 2009 at Eldorado Polo Club in Indio. and 2) "A Night for Gourmands" with a dining experience at Wolfgang's Bistro, hosted by talented Chef Radcliffe-Nelson.  This event will take place Wednesday, February 25, 2009. 

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This Saturday, December 13th, the Children's Discover Museum of the Desert (CDMOD) will have its annual Breakfast with Santa.  There are two seating times:  one at 9:00 am and another at 10:30.  My daughter, Bella and I enjoyed the Breakfast last year.  CDMOD provided the attached Press Release containing more information, and how to buy tickets.

On Tuesday, December 23rd, CDMOD presents "The Chanukah Wonderland."  There will be programs from 2:30 to 5:30 pm..  Attending the Chanukah celebration is free, however the museum gallery will still be open for regular admission pricing.  A Press Release on this event has also been provided by CDMOD.

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Many local charity events and/or organizations in our desert focus on helping older citizens—but, as the father of a three-year-old daughter, I believe organizations helping the younger citizens are extremely important, too. One cause that my wife and I believe needs as much support as possible is Autism. And if it seems that news about Autism is more and more prevalent, well it is. The unfortunate reality is—autism rates are increasing.  Some studies released in as early as 2007, stated that 1 out of 150 children will have some form of autism—and the rate for boys is even higher, at 1 in 94 (www.AutismStreet.org).

So for those living in the desert with autistic children (or grandchildren), and other special needs children too, Healing Horses, Therapeutic Riding Center in the Coachella Valley has an event for you and your younger loved ones.

Healing Horses will have a Holiday Horse drawn Carriage Ride for kids attending their Therapeutic Riding Center at the Empire Polo grounds on December 6 at 2:30 – 3:30 p.m. Per the organization’s web site, “Healing Horses is a Non-Profit Corporation committed to improving the lives of Special Needs Children through the use of therapy horses.” While the organization specializes in children with Autism, the organization is open to special needs children in general as well.

There will also be a ribbon-cutting to show support for their sponsors. 

The Healing Horse’s goal is to improve the child’s “functioning in their homes, schools and communities by increasing their language, reducing negative behaviors, increasing core muscle strength, improving relationships with peers, parents, teachers and caregivers, peer play, joint attention, self care and overall self esteem and independence.” The organization is the only NARHA (North American Riding for the Handicapped Association) certified center in the Coachella Valley

Gabriele Lawrence, cofounder together with Marcia Levine of Healing Horses encourages parents and their children with special needs to become members of the Coachella Valley Autism Society (CVASA). Gabriele said that “We have received some grant funding that allows us to keep our fees relatively affordable to CVASA members, for example an hour long session costs $60.00 per child, but for members of the CVASA, the co-pay fee is only $20.00.  But our goal is to get that to $5.00 or even less with more donations.”

Gabriele also told me that “every dollar that gets donated to the program directly affects the children either through supplies used in lessons, horse care, or the cost of the instruction that is given, as each individual child’s short and long term goals are focused on. We are 501(c)(3) so of course all donations are 100% tax deductible. All potential donors are invited to come out and see the program in action. We are located on the grounds of the Empire Polo Grounds via generous support from the club's Owner Alex Haagen, III who is one of our greatest supporters.”

If you are new to the desert, or have not been able to find local support regarding other families with autistic relatives in the desert, then get more information about Healing Horses, on the web at www.healinghorsescv.com or the Coachella Valley’s chapter of the Autism Society of America on the web at www.cvasa.org. Both organizations routinely have events to foster local family support.

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Halloween celebrations are in full swing as we approach Friday the 31st, and I am reminded again how much fun kids have picking out their costumes and dressing up. Just this past Sunday, my family along with friends and their kids spent a wonderful couple of hours at the Children's Discovery Museum Halloween party.

My daughter Isabella was Cinderella (yes, she is definitely in the princess stage) and she couldn't wait until she got dressed and look at herself in the mirror.

"Daddy, I am a real princess!" she said

And yes, I agreed. She was and is a princess. She walked in royal fashion and she smiled the entire day. When we got to the museum, my Cinderella was strolling on the beautiful landscaped grounds getting her face painted, eating caramel apples and making her candy bag fill up. While waiting for the candy hunt, I was amazed at the number of teen and adult volunteers that made this event happen. I was thinking that one day, when my Cinderella grows up she will be there as well, making the magic happen for other kids.

The Children's museum is truly one of those amazing places for kids here in the desert. It is a place of playfulness and fun, where kids learn through play and education becomes exciting. So many of the great programs and events, such at the Halloween party, are supported by volunteers and by the donations from local businesses & regular people like you and me. It is another great opportunity to volunteer your time or make charitable donations. And the museum is planning to grow too, for example additional gallery space is planned to provide more fun activities for kids.

We asked Judi Miller, Associate Executive Director, to provide us with some information to be included in this Blog, and here is some of the future plans of the museum and contact information on how to help:

"We are excited about the Museum’s future and its upcoming expansion. Our community has asked for additional quality gallery experiences, more opportunities for classrooms to learn, additional skill-building classes for early learners and more ways for families to learn and enjoy their time together. Our first phase expansion includes:

• additional safe parking 
• additional hands-on exhibit learning experiences
• additional classroom learning space 
• separate early childhood learning program space
• an expanded gift store

Every donation is an important part of the Museum's success. It takes many investors to support these dreams. 

We invite you to be a part of the future of the Children's Discovery Museum through a tax-deductible contribution to our Capital Campaign program or volunteering in our growing programs. Your support will help to support the education of future children by the opening of a child's imagination and dreams while providing parents and caregivers the tools to support their children’s tomorrows.

To explore opportunities to become a supporter of the Capital Campaign call Lee Vanderbeck at (760) 321-0602, ext. #103 or email to lvanderbeck@cdmod.org."

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Last night I attended the 57th Annual Installation dinner for the Desert Bar Association. The Officers and Board of Trustees were sworn in by the Chief Justice of the California Supreme Court.  The festivities were held at the newly open and rather impressive IW Club in the Indian Wells Golf Resort Clubhouse.

The night was a real treat--because it was attended by not only local attorneys and city government officials--but also included a special reception for the entire California Supreme Court. The state's highest justices are visiting our Coachella Valley to hold a "special outreach session" today and tomorrow for high school and college students at the Palm Desert Campus of Cal. State, San Bernardino.

I wonder if the highly politicized issue related to gay marriage will come up during the two day outreach program.  As I understand it, the justices will be presiding over 8 cases (hearing various oral arguments) and the hope is that students will have a real chance to see first hand the workings of our legal system and what it takes to argue in front of the state's highest court. Maybe some of them will be inspired to enter the legal field as well.

The Desert Bar Association appointed its new president, local attorney Donald B. Griffith--who is also running to keep his seat on the Desert Sands Unified School District Board of Education this November. He was installed last night to a standing ovation and it was a real treat to hear his son speak so highly of his father just before his appointment. Congratulations!
 

UPDATE:  There was additional coverage by the Desert Sun on the California Supreme Court's visit to the Coachella Valley, however that site has been removed.

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The Community Foundation presented its Coachella Valley edition of The Philanthropic Series at Rancho Las Palmas in Rancho Mirage on September 25.  The event included some great speakers across various topics, including:   "Real Estate Exit Strategies" in relation to charitable giving; a crystal ball look into the future of all types of taxes; and some insight into "What's Ahead for the U.S. & California Economy." 

This was a top-notch event put on by the charitable organization and allows them a chance to strengthen ties with the Coachella Valley.   

Michael McGreevy, from Private Asset Management, and Board Member of the Coachella Valley Fund said, "The Philanthropic Series seminar was full of useful estate planning information.  I was particularly impressed with the segment that addressed the future of the U.S. and California economies."

In setting up an overall estate plan, charitable gifting is an often overlooked option.  For example, some people might have a hard time coming to a decision about which charity to give to, or if they want to give to more than one charity, then they become worried about creating additional complications to their estate plan.   

The Community Foundation has made Cherry Picking your Charity easy.  You just put them as the recipient of your charitable gift, and then they distribute your gift to other non-profits aligned with your charitable interests.

Depending on the type of gift you want to establish with the organization, it can be spread across many charities. As stated on their informational materials:

"In response to the wishes of Coachella Valley leaders, The Community Foundation...has created The Coachella Valley Fund to match donors' philanthropic interests with gifting opportunities to a wide variety of charitable organizations solely within the Coachella Valley.  Funds given to The Coachella Valley Fund shall be used exclusively to benefit causes in the Coachella Valley."

There are many great charitable organizations in the Desert, The Community Foundation is another one worth your consideration.

Further, it is my understanding that they have contributed more to Coachella Valley projects (nonprofits) than they have received from valley donors.  Desert it is time to give back.

In another blog post I will discuss the possible benefits of charitable giving when coordinated with an overall estate plan--but I will state here that the benefits are significant.  Further, the pride one feels knowing that at least part of their estate will truly make a difference in many people's lives can be quite heavenly, I would like to imagine. 

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