Recognized Excellence
THE FAMILY OFFICE CHALLENGE
Complex Legal Structures for Real Estate Wealth Preservation
Real estate families face unique challenges in structuring family offices that preserve wealth across generations while maintaining favorable tax treatment. The intersection of federal securities law, California corporate regulations, and real estate-specific compliance creates a complex web of requirements. Families must navigate SEC registration thresholds, maintain Proposition 13 benefits, establish multi-generational governance frameworks, and comply with evolving regulatory requirements while preserving family harmony and business efficiency.
Why Family Office Structure Matters for Real Estate
Real estate family offices require sophisticated legal structures that balance tax efficiency with operational flexibility. California's Proposition 13 creates unique opportunities and pitfalls for multi-generational property transfers, while federal securities laws impose registration requirements on family offices managing significant assets. Proper structuring enables families to maintain favorable property tax assessments, optimize estate and gift tax strategies, establish clear governance protocols, and ensure compliance with complex regulatory frameworks spanning corporate law, securities regulation, and real estate requirements.
OUR SERVICES
How We Serve Real Estate Family Offices
Our comprehensive approach addresses every aspect of family office formation and governance for real estate families
Family Office Formation
Entity structuring, SEC exemption compliance, and regulatory framework establishment for real estate-focused family offices
Multi-Generational Planning
Estate planning strategies, generation-skipping structures, and Proposition 13 compliant transfer mechanisms
Governance Frameworks
Family constitutions, voting agreements, and decision-making protocols that balance family harmony with business efficiency
Tax Optimization
California and federal tax planning for real estate holdings, including like-kind exchanges and development entity structures
Investment Entity Setup
LLC and partnership structures for property holdings, development projects, and co-investment opportunities
Regulatory Compliance
Ongoing compliance with securities laws, real estate regulations, and family office exemption requirements
Regulatory Insights
Family offices managing over $150 million in assets must register with the SEC unless they qualify for the family office exemption, which requires careful structuring to maintain.
Securities and Exchange Commission
California's Proposition 13 transfer rules require sophisticated planning to maintain favorable property tax assessments across generations while avoiding change of ownership triggers.
California Board of Equalization
Our Approach
How We Help Your Business
The Schenk Law Firm provides sophisticated legal counsel tailored to the unique needs of real estate family offices, combining deep expertise in corporate structuring, tax planning, and regulatory compliance.
Real Estate Industry Expertise
Deep understanding of California real estate regulations, Coastal Commission requirements, and development compliance affecting family portfolios
Multi-Disciplinary Approach
Integrated counsel spanning corporate law, tax planning, estate planning, and securities regulation for comprehensive family office solutions
California-Specific Knowledge
Specialized expertise in Proposition 13 planning, California corporate structures, and state tax optimization for real estate families
Long-Term Partnership
Ongoing counsel supporting family governance, transaction review, and regulatory compliance across multiple generations
Meet Our Legal Team
David Lizerbram
Partner, Business Advisory Practice Lead
Leads the firm's business advisory practice. Represented hundreds of clients in complex business transactions, entity formation, and corporate governance.
Frederick Schenk
Managing Partner
Over 45 years of experience in personal injury, mass torts, and complex litigation.
Benjamin Schenk
Co-Founder & Trial Attorney
J.D. from University of San Diego School of Law. Graduate of ABOTA Trial College.
Lynn Schenk
Of Counsel
Former U.S. Congresswoman and the first woman elected to the House of Representatives from San Diego.
PROTECT YOUR LEGACY
Why Every Real Estate Family Office Needs Specialized Legal Counsel
The complexity of family office regulation and California real estate law creates significant risks for families attempting to structure wealth preservation strategies without expert guidance.
SEC Registration Violations
Improper family office structures can trigger unwanted SEC registration requirements and compliance burdens
Proposition 13 Loss
Poorly structured transfers can reset property tax assessments, costing millions in additional annual taxes
Family Governance Conflicts
Inadequate governance structures lead to family disputes that can destroy wealth and relationships
Tax Optimization Failures
Missed opportunities for estate, gift, and income tax savings can significantly erode family wealth
Regulatory Non-Compliance
Failure to maintain family office exemptions or real estate regulatory compliance creates legal and financial exposure
Succession Planning Gaps
Inadequate planning for generational transitions can disrupt business operations and family harmony
FAQs
Frequently Asked Questions
Let's Protect Your Family's Real Estate Legacy
Contact us today for a confidential consultation about structuring your family office for long-term success and wealth preservation.