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News

Estate Planning: Importance of original estate planning documents

Dennis Fordham. Courtesy photo.

With fires destroying homes and their contents it begs the question, what happens if a person’s estate planning documents go up in flames? How important is it to preserve the original documents? Where should these documents be kept?

A decedent’s original will is required to commence probate. Without the original it may be difficult to impossible to probate the decedent’s estate according to the terms of the missing will.

When the terms of a missing will can be established, such as through a copy or a duplicate original, then one may try to probate the will that was lost in a fire.

However, there is a presumption that if the original was last in the possession of a deceased testator who was competent until the time of death that the missing was revoked by the testator.

Preserving an original will is, therefore, very important. Keeping the original in a bank safe deposit box is a good approach, provided someone has a key to the box or is named as a co-owner or co-signatory.

With a key to the decedent’s bank deposit box and the decedent’s death certificate, the key holder, upon identification, can access the safe deposit and take possession of any original will.

When the original will is retrieved, a copy of the will must be left in the safe deposit box (along with the rest of the contents), the original will must be lodged with the superior court in the county where the decedent resided at death.

A copy must be mailed to the person named in the will as executor. California law requires this all to occur within 30 days of the decedent’s death.

Unlike a will, a decedent’s original trust document (with amendments) is neither required to be recorded with any county nor required to be submitted to the court where the decedent resided at death.

Nonetheless, it is still best to safeguard the original trust. Normally, a trust and will are kept together. The same applies to any original trustee affidavits and trustee resignations documents.

The original power of attorney to manage property, financial, and legal affairs must be maintained. The original is required to be presented at the proper county recorder’s office if the agent seeks to transfer real property using the Power of Attorney.

Other recipients may accept a certified copy of the original, but that process still requires presenting the original document to a notary public or a licensed attorney for copying and certification.

Except for the county recorder’s office, the necessity to always present the original power of attorney can be greatly reduced by the power of attorney providing that an unverified photocopy is as good as the original.

If the power of attorney provides that it is immediately effective when signed, the original document should be kept safe against abuse until such time as its proper use is needed.

Some people keep the original power of attorney with a trusted person other than the agent with instructions that custodian to provide the agent with the power of attorney in the event of their incapacity.

The advance health care directive is different. A photocopy is as good as the original.

Originals to any real property deeds that have been recorded with the county recorder’s office can be replaced by a copy of the recorded deed from the county recorder’s office.

Original bank and brokerage account statements if lost can be replaced by certified copies from the relevant institution.

Attorneys usually give the original documents to their client for safekeeping. Keeping original documents is a significant responsibility.

Clients must keep original legal documents in a safe place, preferably a safe deposit box, and provide access to necessary persons.

Electronic copies can be used as a backup should originals be destroyed.

Dennis A. Fordham, attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. and 707-263-3235. His Web site is www.DennisFordhamLaw.com.

Space News: Prolific Earth gravity satellites end science mission

After more than 15 productive years in orbit, the U.S./German GRACE (Gravity Recovery and Climate Experiment) satellite mission has ended science operations.

During their mission, the twin GRACE satellites have provided unprecedented insights into how our planet is changing by tracking the continuous movement of liquid water, ice and the solid Earth.

GRACE made science measurements by precisely measuring the distance between its twin satellites, GRACE-1 and GRACE-2, which required that both spacecraft and their instruments be fully functional.

Following an age-related battery issue on GRACE-2 in September, it became apparent by mid-October that GRACE-2’s remaining battery capacity would not be sufficient to operate its science instruments and telemetry transmitter.

Consequently, the decision was made to decommission the GRACE-2 satellite and end GRACE’s science mission.

GRACE, a mission led by Principal Investigator Byron Tapley at the University of Texas at Austin, launched in March 2002 on a planned five-year mission to precisely map our planet’s ever-changing gravity field.

It has revealed how water, ice and solid Earth mass move on or near Earth’s surface due to Earth’s changing seasons, weather and climate processes, earthquakes and even human activities, such as from the depletion of large aquifers.

It did this by sensing minute changes in the gravitational pull caused by local changes in Earth's mass, which are due mostly to changes in how water is constantly being redistributed around our planet.

“GRACE has provided paradigm-shifting insights into the interactions of our planet’s ocean, atmosphere and solid Earth components,” said Tapley. “It has advanced our understanding of the contribution of polar ice melt to global sea level rise and the amount of atmospheric heat absorbed by the ocean. Recent applications include monitoring and managing global water resources used for consumption, agriculture and industry; and assessing flood and earthquake hazards.”

GRACE used a microwave ranging system to measure the change in distance between the twin satellites to within a fraction of the diameter of a human hair over 137 miles (220 kilometers).

The ranging data were combined with GPS tracking for timing, star trackers for attitude information and an accelerometer to account for non-gravitational effects, such as atmospheric drag and solar radiation.

From these data, scientists calculated the planet’s gravity field monthly and monitored its changes over time.

“GRACE was an excellent example of a research satellite mission that advanced science and also provided near-term societal benefits,” said Michael Freilich, director of NASA’s Earth Science Division at the agency’s headquarters in Washington. “Using cutting-edge technology to make exquisitely precise distance measurements, GRACE improved our scientific understanding of our complex home planet, while at the same time providing information – such as measurements related to groundwater, drought and aquifer water storage changes worldwide – that was used in the U.S. and internationally to improve the accuracy of environmental monitoring and forecasts.”

GRACE established that measuring the redistribution of mass around Earth is an essential observation for understanding the Earth system.

GRACE’s monthly maps of regional gravity variations have given scientists new insights into Earth system processes.

Among its innovations, GRACE has monitored the loss of ice mass from Earth’s ice sheets, improved understanding of the processes responsible for sea level rise and ocean circulation, provided insights into where global groundwater resources may be shrinking or growing and where dry soils are contributing to drought, and monitored changes in the solid Earth. Users in more than 100 countries routinely download GRACE data for analyses.

For more on GRACE’s science accomplishments, see https://www.jpl.nasa.gov/news/news.php?feature=6777.

“GRACE was a pioneering mission that advanced our understanding across the Earth system -- land, ocean and ice,” said Mike Watkins, director of NASA’s Jet Propulsion Laboratory (JPL) in Pasadena, California, and the mission’s original project scientist. “The entire mission team was creative and successful in its truly heroic efforts over the last few years, extending the science return of the mission to help minimize the gap between GRACE and its successor mission, GRACE Follow-On, scheduled to launch in early 2018.”

Despite the loss of one of the twin GRACE satellites, the other satellite, GRACE-1, will continue operating through the end of 2017.

“GRACE-1’s remaining fuel will be used to complete previously planned maneuvers to calibrate and characterize its accelerometer to improve the final scientific return and insights from the 15-year GRACE record,” said GRACE Project Scientist Carmen Boening of JPL.

Currently, GRACE-2’s remaining fuel is being expended and the satellite has begun to slowly deorbit. Atmospheric reentry of GRACE-2 is expected sometime in December or January.

Decommissioning and atmospheric reentry of GRACE-1 are expected in early 2018. NASA and the German Space Operations Center will jointly monitor the deorbit and reentry of both satellites.

GRACE Follow-On, a joint NASA/Helmholtz Centre Potsdam German Research Centre for Geosciences (GFZ) mission, will continue GRACE's legacy. It will also test a new laser-ranging interferometer developed by a joint German/U.S. collaboration for use in future generations of gravitational research satellites.

GRACE is a joint NASA/Deutsches Zentrum für Luft- und Raumfahrt (DLR, the German Aerospace Center) mission led by Tapley and Co-principal Investigator Frank Flechtner at GFZ. GRACE ground segment operations are co-funded by GFZ, DLR and the European Space Agency.

JPL manages GRACE for NASA’s Science Mission Directorate at the agency’s headquarters in Washington. GRACE was the first mission launched under NASA's Earth System Science Pathfinder program, designed to develop new measurement technologies for studying the Earth system.

For more information on GRACE, visit http://www.csr.utexas.edu/grace and http://grace.jpl.nasa.gov.

Haunted Lake County: "It's a Surgeon's Story"

LAKEPORT, Calif. – Haunted Lake County will host its haunted house Halloween event at the Lake County Fairgrounds on Friday, Oct. 27.

The “It's a Surgeon's Story” will take place Friday from 5 to 10 p.m. and Saturday October 28th from 5p-11p.m..

The admission cost is a requested cash donation, with proceeds to go toward fire recovery.

Haunted Lake County has expanded this year to the Fairgrounds.

IT’s A Surgeons Story” promises to deliver a quality haunt experience.  Young children should arrive during the first hour of opening as we will keep the scare meter low for that duration. The event is located at the Lake County Fairgrounds.

Visit Haunted Lake County's Facebook page at https://www.facebook.com/hauntedlakecounty/?fref=ts .

The Lake County Fair is located at 401 Martin St. in Lakeport. 

Local, state and federal officials report on Sulphur fire cleanup process

LAKE COUNTY, Calif. – The initial phase of the Sulphur fire cleanup process is under way, as local, state and federal officials prepare to begin the bulk of the work at the start of November.

The Sulphur fire, which began on Oct. 9, destroyed 168 structures, including 136 homes, and 2,207 acres.

The fire began within hours of devastating wildland fires that also ripped through Lake’s neighboring counties, burning around 8,000 buildings and killing 38 people in Mendocino, Napa and Sonoma counties.

Lake, Mendocino, Napa and Sonoma counties have more destroyed homes in this month’s wildland fires than Texas, Florida and Puerto Rico, combined, had in the recent hurricanes, according to Federal Emergency Management Agency Regional Administrator Robert Fenton.

He said that many homes impacted by the hurricanes have significantly more major and/or minor damage, but are repairable. The key point, he added, is that it takes much longer to build a house than repair it.

On Tuesday, the Board of Supervisors unanimously approved the continuation of the declaration of a local health emergency made by Lake County Health Officer Dr. Tait in response to the Sulphur fire.

Tait told Lake County News on Thursday that the goal is to get the cleanup done as quickly as possible.

“We really want to get in and out of there before it gets rainy,” she said.

The county of Lake and the Clearlake City Council are forming an agreement for mutual aid and emergency management so that Lake County Environmental Health Director Ray Ruminski – who has overseen cleanups that include the Rocky, Jerusalem, Valley and Clayton fires – can support the city of Clearlake in its portion of the debris removal process. He said that agreement is necessary for the county to be reimbursed.

Ruminski said the county’s health department has always acted as the health department for the city, explaining that only four cities across California have their own health department.

The council approved the contract at its Thursday night meeting.

County Administrative Officer Carol Huchingson said the county also will assist the city by handling the collection of insurance reimbursements for debris removal.

The Federal Emergency Management Agency and the Governor’s Office of Emergency Services, or CalOES, reported that the Consolidated Debris Removal Program will be conducted in two phases in California’s fire-impacted counties.

In phase one, which began Monday in Lake County, the California Department of Toxic Substances Control is doing a sweep of household hazardous wastes – which includes includes chemicals that are ignitable, toxic, corrosive and reactive, such as pool chemicals, antifreeze, solvents, fertilizers, pesticides, propane tanks, paint, bleach and ammunition – across the impacted properties, officials reported.

Ruminski said the plan is to complete the household hazardous waste sweep by Saturday.

CalRecycle has led the debris cleanup effort in Lake County in previous fires, but this time around it will be handled by the US Army Corps of Engineers, which also will do the work in Mendocino, Napa and Sonoma counties, Ruminski said. CalRecycle instead will focus on Butte, Yuba and Nevada counties.

“This is being operated as a project with seven counties,” Ruminski said.

FEMA and CalOES reported that the second phase of the process, in which properties are cleaned of fire-related debris, is scheduled to begin by Nov. 1 and continue through the fall and winter.

Sean Smith of CalOES said each site usually takes two working days to be cleared, then another two days for testing. The testing results usually have a lag time of one to two weeks.

In 2015, during the Valley fire cleanup, there were 140 debris crews working in Lake County, where nearly 2,000 structures were burned. Smith said 1,152 properties in Lake County were cleared in 88 days.

In this latest effort, he said hundreds of lots across the region will be cleared at the same time, with up to 600 teams of five to seven people each expected to fan out over California’s fire-damaged areas.

He said he believes all of the debris removal will be done by early 2018, although officials are anticipating overwhelming the labs in California and neighboring states that conduct the kind of soils testing that’s part of this process.

Ruminski said property owners also have the option of hiring private contractors to do the cleanup work.

Officials said that the debris removal program only requires that property owners pay the amount their insurance sets aside for debris removal. They have found that the insurance never pays enough toward the process so they don’t expect full reimbursement.

Compared to the damage in Mendocino, Napa and Sonoma counties, Lake has far fewer structures to clean up, Ruminski said.

“Even if they don’t start here first, they want to finish here first,” he said, explaining that the resources assigned here can then be moved to another area.

Ruminski said so far 40 rights-of-entry forms have so far been submitted by property owners wanting to participate in the government-led cleanup. He said 25 of those forms are active, 10 are pending review and director signature, and five others are pending with issues.

Officials are recommending that all fire-impacted property owners sign the right-of-entry forms for the cleanup process.

They said that property owners can always change their mind and hire a private contractor to do the work.

Homeowners in Lake and other impacted counties can find a right-of-entry form online at www.wildfirerecovery.org.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

CHP: Officer hurt in Monday shooting doing well

LAKE COUNTY, Calif. – The California Highway Patrol officer who was shot during a Monday Clearlake Oaks shooting spree is on the mend, with his commander calling his actions to help apprehend the suspect heroic.

Officer Steven Patrick, an 11-year CHP veteran, was shot by Alan Leroy Ashmore, 61, of Clearlake Oaks during the Monday morning rampage that stretched over multiple locations in the town.

Patrick’s bulletproof vest is likely to have saved his life – it stopped a shotgun slug that struck him in the abdomen.

Ashmore killed two people – his father, 85-year-old Douglas Ashmore, and friend Richard Braden, 64 – plus wounded another woman, shot at several other people, committed robbery and burglary, and set two wildland fires on High Valley Road, according to the complaint filed against him by the District Attorney’s Office.

On Wednesday, during Ashmore’s first appearance in the case in Lake County Superior Court, Patrick was in the audience, dressed in civilian clothes. Seated with him were the commander of the CHP Clear Lake Area office, Lt. Hector Paredes, and another uniformed CHP officer.

CHP Officer Kory Reynolds said the agency’s incident logs showed that it was shortly after 11:30 a.m. Monday that Patrick – who had heard scanner traffic about the shootings – called in to request information.

It was just minutes later that he called in to report that he had been hit, Reynolds said.

The criminal complaint filed against Ashmore said he fired an unknown number of times at Patrick.

Despite being struck, Patrick continued on in pursuit of Ashmore, Paredes told Lake County News.

Paredes said over the radio they could hear that Patrick was clearly in pain, but he was focused on capturing Ashmore.

Paredes said Patrick would continue on with the pursuit, and that he was part of the group of law enforcement officers that followed Ashmore up High Valley Road, where he surrendered after encountering a roadblock.

“His acts were clearly heroic,” Paredes said of Patrick, who he added has spent most of his career in Lake County.

Paredes said he was very inspired by the actions of Patrick, a young officer who was so intent on capturing Ashmore that he didn’t actually know the extent of his own injuries.

As for how Patrick is doing, “He’s in good spirits,” said Paredes.

Paredes said Patrick has a good-sized bruise where the slug hit his vest.

“We are actually working on getting him a new vest,” Paredes said.

Patrick is now off of work for a time to rest and recuperate. While he’s physically well, Paredes said he’s concerned about the emotional impacts of such an incident.

Patrick is the first CHP officer in Lake County to be shot in more than two decades.

The last local CHP officer to be wounded in the line of duty was Erich Paarsch Sr., who was shot May 15, 1995.

Paarsch told Lake County News that he had conducted a traffic stop on Highway 29 just outside of Lower Lake on a speeding car whose driver he believed to be under the influence.

When Paarsch was speaking with the driver, the man pulled a stolen handgun out from behind the seat and pointed it at Paarsch’s chest. Paarsch said he grabbed the gun with his hand to push it down and the gun went off.

Paarsch said he suffered a through-and-through wound to the palm of his hand, with no vulnerable bones struck by the bullet.

He and the suspect, Joseph Flores, then exchanged fire before Flores fled the scene in the car. Flores later was captured. Paarsch said he hadn’t been able to take part in the pursuit because one of Flores’ bullets had hit the ignition wire in his patrol car, disabling it.

Paarsch retired after 30 years of service – 17 of them in Lake County – in 1999, and continues to live in Lakeport with wife, Mary. Their son, Erich Jr., is a sergeant with the CHP’s Ukiah office, daughter Erica Coddington is a retired CHP officer and grandson Christian Coddington is a CHP officer working in Indio.

The last time a local CHP officer was seriously assaulted was in October 2012, when Erica Coddington was attacked by an Orange County man, Ronald Ossenberg, who had driven to Lake County in a stolen vehicle.

Coddington found the vehicle parked alongside the road in Lower Lake and stopped to check it when Ossenberg assaulted her. She was helped by a passerby and fatally shot Ossenberg during the confrontation.

In an odd coincidence, the area where Coddington was attacked was a short distance from where her father was shot.

Paarsch said there was a distance of only about a mile and a half between the location of those two incidents involving him and his daughter.

“Isn’t that strange?” he asked.

Paredes said morale in the Clear Lake Area office has remained good in the wake of the shooting.

“We have a real tight squad,” said Paredes.

He said the personnel in the Clear Lake Area office – which has about two dozen officers – are supportive of one another.

Still, the week’s activities have been a sobering reminder of how dangerous the work of law enforcement officers can be.

“It’s always a reminder of the nature of what we do,” Paredes said.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

Lakeport City Council gets update on Carnegie Library project


LAKEPORT, Calif. – The Lakeport City Council got an update last week on the efforts to upgrade the city’s historic Carnegie Library.

At the Oct. 17 meeting, Community Development Director Kevin Ingram gave the council the latest on the project.

The goal is to make the building accessible under the Americans with Disabilities Act, which requires the addition of a lift, or an elevator, to the building.

Other aspects of the work would include ADA-compliant bathrooms, replacement of the failing upstairs ceiling, lighting upgrades and improvements to the south entry to provide ADA-compliant building access, according to Ingram’s report.

In July, staff had told the council that it had only received one bid for the entire project – and that bid was well over the budgeted amount – so they had gone back out to bid. Staff had asked the council to reject that single bid, which it did, as Lake County News has reported.

Staff then went back out to get more bids, breaking the project down into more pieces, as in its outreach to companies there had been concern about the lift having discouraged bids, Ingram said.

City Engineer Paul Curren identified four firms that had a contract with a national company for installation of its lifts. However, Ingram said they received no bids on the project.

Ingram said city staffers are now reaching out to companies individually to ask about their concerns on the project.

The city has received a Community Development Block Grant 2014 to fund the project, with the deadline upcoming, he said.

As a result, Ingram said the city has filed a request for an extension on the grant and has gotten a verbal response that it should be approved.

“There is work moving forward,” he said.

While the project so far hasn’t gone how the city has wanted it to, Ingram said they want to move forward with working out the issues so they can get the much-needed elevator.

Meanwhile, they’re working on a bid request for the remaining parts of the project, Ingram said.

If the city gets an extension on the Community Development Block Grant funding, Ingram said the city can still finish the project in a timely fashion.

He said there are just a handful of these types of lifts or elevators countywide.

Wilda Shock, who chairs the Lakeport Economic Development Advisory Committee – which has been involved with the studies to upgrade the building – pointed out that the 100th anniversary of the building’s completion is coming up in February 2018.

She said a local contractor had installed a lift at a property owned by the Habematolel Pomo in Upper Lake, encouraging the city to look into that company.

Also on Oct. 17, at the start of the meeting, Clearlake City Manager Greg Folsom and acting Clearlake Police Chief Tim Celli were on hand to offer their personal thanks to city officials for their assistance during the Sulphur fire, which burned 168 structures – all but two of them in Clearlake – and more than 2,200 acres in both Clearlake and Clearlake Oaks.

Folsom, who took over as Clearlake’s city manager two and a half years ago, has seen during his tenure all of the county’s major wildland fires – Rocky, Jerusalem, Valley, Clayton and Sulphur.

“The city of Lakeport has always been there,” he said, adding that he can always count on getting a call from Lakeport City Manager Margaret Silveira to check on them.

“You guys have really been there for us all the time, as has the county and the sheriff's office,” said Folsom.

He added that it’s important for the local jurisdictions to stick together, and said they are happy to assist if Lakeport ever needs them.

Mayor Stacey Mattina thanked Folsom for his work.

Celli also thanked city staff for their help. He said that at 1 a.m. Monday, Oct. 9, he got the call about the fire and the need to evacuate.

Altogether, there were between 4,000 and 5,000 people evacuated, Celli said. Folsom himself was among the evacuees.

Celli said he called for mutual aid from Lakeport Police and got it, and offered his thanks both as a Clearlake city resident and as acting police chief.

“You're welcome. Our hearts go out to you guys,” Mattina said.

“We have a great partnership with Clearlake,” said Silveira. She said Clearlake has been willing to help Lakeport, with Clearlake Police officers coming to assist when needed.

In other business, the council unanimously adopted a resolution to approve financing by the California Municipal Finance Authority for the Martin Street Apartments Affordable Housing Project, located 1255 Martin St.

The council also authorized the issuance of the 2017 obligations and the corresponding refunding of the prior bonds; approved Silveira entering into a service agreement with Network Innovations Inc. for the purchase and installation of a new phone system and authorize the recommended budget adjustment, and adopted a resolution establishing an ad hoc advisory committee for the selection of the members of its committees and commissions with terms expiring in 2017.

Also during the meeting, Police Chief Brad Rasmussen reported that his department was doing tests on surveillance cameras, and that the police department had recently received 2,000 new subscribers to its Nixle emergency and public information alerts.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
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Community

  • Lake County Wine Alliance offers sponsor update; beneficiary applications open 

  • Mendocino National Forest announces seasonal hiring for upcoming field season

Public Safety

  • Lakeport Police logs: Thursday, Jan. 15

  • Lakeport Police logs: Wednesday, Jan. 14

Education

  • Woodland Community College receives maximum eight-year reaffirmation of accreditation from ACCJC

  • SNHU announces Fall 2025 President's List

Health

  • California ranks 24th in America’s Health Rankings Annual Report from United Health Foundation

  • Healthy blood donors especially vital during active flu season

Business

  • Two Lake County Mediacom employees earn company’s top service awards

  • Redwood Credit Union launches holiday gift and porch-to-pantry food drives

Obituaries

  • Rufino ‘Ray’ Pato

  • Patty Lee Smith

Opinion & Letters

  • The benefits of music for students

  • How to ease the burden of high electric bills

Veterans

  • CalVet and CSU Long Beach team up to improve data collection related to veteran suicides

  • A ‘Big Step Forward’ for Gulf War Veterans

Recreation

  • Wet weather trail closure in effect on Upper Lake Ranger District

  • Mendocino National Forest seeking public input on OHV grant applications

  • State Parks announces 2026 Anderson Marsh nature walk schedule 

  • BLM lifts seasonal fire restrictions in central California

Religion

  • Kelseyville Presbyterian to host Ash Wednesday service and Lenten dinner Feb. 18

  • Kelseyville Presbyterian Church to hold ‘Longest Night’ service Dec. 21

Arts & Life

  • Auditions announced for original musical ‘Even In Shadow’ set for March 21 and 28

  • ‘The Rip’ action heist; ‘Steal’ grounded in a crime thriller

Government & Politics

  • Lake County Democrats issue endorsements in local races for the June California Primary

  • County negotiates money-saving power purchase agreement

Legals

  • March 3 hearing on ordinance amending code for commercial cannabis uses

  • Feb. 12 public hearing on resolution to establish standards for agricultural roads

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