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Life is dynamic and not static. That said, keeping one’s estate planning documents relevant and on point as life changes require periodic updates.
A person should always redo their estate planning documents when they either get married or get divorced in order both to avoid possible unintended consequences and to properly provide for their new situation in life.
California’s Probate Code presumes that anyone who does not update their will or trust after getting married did so unintentionally, and not because they intentionally omitted the spouse.
The law provides an “omitted spouse share” of their deceased spouse’s estate in such circumstances; the same as the surviving spouse would have received if the deceased spouse died without any will or trust.
Had the deceased spouse while alive updated their estate plan – after getting married – and acknowledge their marriage, then the deceased spouse could have left all the deceased spouse’s separate property and one-half of any community property to whomever he or she wanted.
On the other hand, California’s Probate Code invalidates any gifts to a former spouse made under a will or trust that executed prior to divorce: the former spouse is treated as having predeceased the deceased spouse.
The law presumes that the decedent would not have wanted to continue with any gifts to the ex-spouse, unless such gifts to the now former spouse are restated after the divorce.
A person should also revisit their estate planning when the life circumstances of the beneficiaries materially change.
That includes when family members die or are born or a beneficiary’s life circumstances have changed to such an extent that to proceed with the gift “as is” no longer makes sense.
For example, if a beneficiary got into creditor problems or went on to receive Medi-Cal or other needs based government benefits, then an outright gift usually would not make sense. Instead, an asset protection or special needs trust, as the case may be, should be considered.
Naturally, anytime a person’s estate planning intentions materially change estate planning documents should be updated in order to be consistent with present intentions.
For example, a parent who reconciles with a formerly estranged child may want to include that child as a beneficiary under their will or trust.
Updating estate planning documents also is necessary when major changes in the law affect the basis for the original estate plan.
For example, since 2002 the federal estate tax threshold at which the estate tax is imposed has steadily increased from decedent’s estates whose net worth exceeds $1 million now only to estates which exceed some $5.5 million.
Nevertheless, there are many married couples who continue to have so-called A-B trusts for federal Estate Tax minimization purposes.
Not all events require updating one’s estate planning documents. Buying and selling trust assets does not usually require updating one’s will or trust. If the estate plan divides the estate based on percentage distributions then buying and selling assets does not affect the percentage distribution scheme.
However, if a specifically gifted asset is sold which is important (value or sentiment) then that may require an update to avoid unintended consequences.
As a simple rule of thumb, people may choose to revisit their estate planning every five years, but sooner if major changes occur.
Naturally, the extent of any updates can vary from simple amendments (such as who serves as trustee or executor) to completely new documents, as needed.
Lastly, if the existing estate planning documents were inadequately drafted then starting anew is often best.
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
On Monday, Aug. 21, the shadow of the Moon will sweep across the U.S. landscape, transforming day to twilight.
In the surreal gloaming of an eclipse, the temperature drops, birds go silent, crickets begin to chirp, and blossoms start to close.
As this scene plays out across a 70-mile wide path of totality from coast to coast, a continent-spanning wave of instruments – ranging from home-made pinhole cameras and certified eclipse safety glasses to the most sophisticated telescopes in operation today – will be trained on the Eclipse Across America.
Just before totality, a point of glistening sunlight is visible making the moon look like a diamond ring.
Then as that drop of sunlight shines through rugged valleys on the Moon’s limb, tiny points of light called "Baily's Beads" appear like a string of beads around the vanishing edge of the sun. But best of all are the pearly white streamers that emanate all around the dark disk at totality.
Scientists eagerly anticipate this eclipse for the unique science opportunities it provides.
Alex Young, NASA’s Associate Director for Heliophysics at the Goddard Space Flight Center in Greenbelt, Maryland, says, “This will be the first total eclipse to span the U.S. since 1918, and scientific instruments have come a long way.”
The event presents a perfect opportunity to shed light on phenomena such as solar flares and coronal mass ejections, or CMEs – billion-ton clouds of magnetized plasma ejected from the sun.
To learn about their dynamics, researchers must study a region of the sun that reveals itself during an eclipse – the corona.
“Solar telescopes can create artificial eclipses using disks called coronagraphs,” explains Young. “Unfortunately, man-made coronagraphs also block the sun’s inner corona where CME eruptions originate.”
Fortunately, during a total eclipse of the sun, the Moon makes a better coronagraph. At totality, the sun’s inner corona appears in clear detail.
Totality lasts mere minutes at any one location, but the Citizen Citizen CATE Experiment will be positioning 68 identical telescopes across the country in the path of totality. The combined network will capture 93 minutes of images and will show changes in the solar atmosphere.
Matt Penn, Astronomer at the National Solar Observatory in Tucson, Arizona says, “The telescopes will be operated by a variety of volunteers, ranging from middle school students to retired scientists, and everyone in between.”
Meanwhile, NASA planes will photograph the Sun, and a cadre of balloons will be floating near the edge of space to observe the eclipse. You can watch too – live from the balloons on August 21 at eclipse.stream.live.
“The terrain and weather are quite varied across the U.S., and the Moon’s shadow will briefly change the climate in each locale, sometimes with drastic drops in temperature within seconds to minutes.”
Young reminds everyone to be safe. Solar filters such as eclipse glasses are necessary to look at the sun directly. If you’re in the narrow path of totality, you can safely remove your solar filter when the moon completely covers the sun.
However when the Moon moves off the center of the solar disk – even a little – the sun’s blinding surface reappears and you should once again use your solar filter. NASA has a whole web page devoted to safety tips at http://eclipse2017.nasa.gov/safety.
Many people don’t know that the Moon’s orbit is slowly spiraling outward due to tidal forces. In about 600 million years the Moon will appear too small in the sky to fully cover the sun. Every solar eclipse is counting down to the last one.
Young says, “We live in a fortunate time.”
For NASA’s live coverage of the eclipse go to www.nasa.gov/eclipselive.
HIDDEN VALLEY LAKE, Calif. – The Hidden Valley Lake area will be part of an emergency notification siren system test planned for Saturday, Aug. 19.
The Lake County Sheriff’s Office reported that the Hidden Valley Lake Association has installed six large emergency sirens that are intended to notify residents of the need for evacuations due to a catastrophic event, whether manmade or natural.
The emergency sirens have been strategically located throughout the Hidden Valley Lake area.
The Hidden Valley Lake Association will be testing the siren system on Saturday at 2 p.m.
There will be two separate activations of the sirens during the test.
Residents are asked not to call 911 or the sheriff's office if they hear the sirens as this is only a test.
The Lake County Sheriff's Office and the Hidden Valley Lake Association are finalizing the procedures for when the sirens will be activated during actual emergencies.
During an actual emergency, Hidden Valley Lake Association will not activate the siren system until they have received permission from the sheriff's office, the California Highway Patrol or another authorized law enforcement agency, according to the sheriff’s office report.
The Lake County Sheriff’s Office reported that the Hidden Valley Lake Association has installed six large emergency sirens that are intended to notify residents of the need for evacuations due to a catastrophic event, whether manmade or natural.
The emergency sirens have been strategically located throughout the Hidden Valley Lake area.
The Hidden Valley Lake Association will be testing the siren system on Saturday at 2 p.m.
There will be two separate activations of the sirens during the test.
Residents are asked not to call 911 or the sheriff's office if they hear the sirens as this is only a test.
The Lake County Sheriff's Office and the Hidden Valley Lake Association are finalizing the procedures for when the sirens will be activated during actual emergencies.
During an actual emergency, Hidden Valley Lake Association will not activate the siren system until they have received permission from the sheriff's office, the California Highway Patrol or another authorized law enforcement agency, according to the sheriff’s office report.
LAKE COUNTY, Calif. – The Lake County Vector Control District confirmed that a sentinel chicken and three mosquito samples tested positive for West Nile virus this week.
The sentinel chicken was from a flock in Upper Lake. Two of the positive mosquito samples were from Anderson March and one was from the city of Clearlake, officials reported.
Last month, five mosquito samples from Lower Lake and Anderson Marsh were positive for West Nile virus. In June, a black-headed grosbeak from Clearlake tested positive for West Nile virus.
No human cases of West Nile virus have been reported in Lake County this year, officials said.
Since 2007, the first year that WNV was detected in Lake County, nine residents have become ill from West Nile virus.
In total, West Nile virus has been detected in eight mosquito samples, one dead bird, and one sentinel chicken in Lake County this year, according to the Lake County Vector Control District.
“We’re in the peak of the West Nile virus season,” said Jamesina Scott, Ph.D., district manager and research director for the Lake County Vector Control District. “Our trained and certified vector control technicians are inspecting and treating mosquito sources to protect our community.”
Officials urge people to protect themselves and their families from mosquito bites and West Nile virus by using mosquito repellent and dumping out any standing water on your property.
Lake County Health Officer Dr. Karen Tait recommends avoidance of mosquito bites as the best protection against WNV.
“‘An ounce of prevention is worth a pound of cure’ has never been more true,” said Tait. “Since there is no specific treatment for the virus, the best approach is to avoid exposure to mosquito bites.”
Residents are urged to help reduce their risk of contracting West Nile virus and other mosquito-borne diseases by following these guidelines:
– Dump or drain standing water. Mosquitoes grow in standing water.
– Defend yourself with mosquito repellents containing Picaridin, DEET, IR 3535, Oil of Lemon Eucalyptus, or PMD. Need help finding a repellent to meet your needs? The Environmental Protection Agency has a search tool to help you choose the repellent that is right for you at https://www.epa.gov/insect-repellents/find-insect-repellent-right-you#search tool.
– Avoid being outdoors when mosquitoes are biting, typically dawn and dusk.
– Maintain swimming pools. Just one neglected swimming pool can produce more than 1 million mosquitoes and affect people up to five miles away.
– Report dead birds to the state hotline: 1-877-968-2473 or online at http://www.westnile.ca.gov/report_wnv.php. All reports are crucial.
Residents with questions about West Nile virus or who would like help with a mosquito problem can contact the Lake County Vector Control District at 707-263-4770, Monday through Friday, 7:30 a.m. to 4 p.m., or visit the district’s Web site at www.lcvcd.org .
The sentinel chicken was from a flock in Upper Lake. Two of the positive mosquito samples were from Anderson March and one was from the city of Clearlake, officials reported.
Last month, five mosquito samples from Lower Lake and Anderson Marsh were positive for West Nile virus. In June, a black-headed grosbeak from Clearlake tested positive for West Nile virus.
No human cases of West Nile virus have been reported in Lake County this year, officials said.
Since 2007, the first year that WNV was detected in Lake County, nine residents have become ill from West Nile virus.
In total, West Nile virus has been detected in eight mosquito samples, one dead bird, and one sentinel chicken in Lake County this year, according to the Lake County Vector Control District.
“We’re in the peak of the West Nile virus season,” said Jamesina Scott, Ph.D., district manager and research director for the Lake County Vector Control District. “Our trained and certified vector control technicians are inspecting and treating mosquito sources to protect our community.”
Officials urge people to protect themselves and their families from mosquito bites and West Nile virus by using mosquito repellent and dumping out any standing water on your property.
Lake County Health Officer Dr. Karen Tait recommends avoidance of mosquito bites as the best protection against WNV.
“‘An ounce of prevention is worth a pound of cure’ has never been more true,” said Tait. “Since there is no specific treatment for the virus, the best approach is to avoid exposure to mosquito bites.”
Residents are urged to help reduce their risk of contracting West Nile virus and other mosquito-borne diseases by following these guidelines:
– Dump or drain standing water. Mosquitoes grow in standing water.
– Defend yourself with mosquito repellents containing Picaridin, DEET, IR 3535, Oil of Lemon Eucalyptus, or PMD. Need help finding a repellent to meet your needs? The Environmental Protection Agency has a search tool to help you choose the repellent that is right for you at https://www.epa.gov/insect-repellents/find-insect-repellent-right-you#search tool.
– Avoid being outdoors when mosquitoes are biting, typically dawn and dusk.
– Maintain swimming pools. Just one neglected swimming pool can produce more than 1 million mosquitoes and affect people up to five miles away.
– Report dead birds to the state hotline: 1-877-968-2473 or online at http://www.westnile.ca.gov/report_wnv.php. All reports are crucial.
Residents with questions about West Nile virus or who would like help with a mosquito problem can contact the Lake County Vector Control District at 707-263-4770, Monday through Friday, 7:30 a.m. to 4 p.m., or visit the district’s Web site at www.lcvcd.org .
LAKE COUNTY, Calif. – Fires to the north continue to send large amounts of smoke into Lake County’s summer skies.
This week regional fires and well as fires out of state have contributed to a thick haze over many parts of Lake County.
Doug Gearhart, air pollution control officer at the Lake County Air Quality Management District, said most of the smoke appears to be coming from fires in Northern California, and possibly from Southern Oregon.
Gearhart explained that smoke from the large fires in Northern California and Southern Oregon are pushed over the ocean, with that smoke then traveling down to the Bay Area and circulating back up over Lake County and the North Coast.
Fires burning in Northern California include the Clear fire, just over 6,700 acres near Happy Camp; the 6,943-acre Orleans complex in Siskiyou County; the Island fire, at 1,470 acres in the Marble Mountain Wilderness west of Etna; and the Ruth complex, at 4,600 acres south of Ruth Lake.
All of those fires are reported to have been caused by lightning.
Email Elizabeth Larson atThis email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
This week regional fires and well as fires out of state have contributed to a thick haze over many parts of Lake County.
Doug Gearhart, air pollution control officer at the Lake County Air Quality Management District, said most of the smoke appears to be coming from fires in Northern California, and possibly from Southern Oregon.
Gearhart explained that smoke from the large fires in Northern California and Southern Oregon are pushed over the ocean, with that smoke then traveling down to the Bay Area and circulating back up over Lake County and the North Coast.
Fires burning in Northern California include the Clear fire, just over 6,700 acres near Happy Camp; the 6,943-acre Orleans complex in Siskiyou County; the Island fire, at 1,470 acres in the Marble Mountain Wilderness west of Etna; and the Ruth complex, at 4,600 acres south of Ruth Lake.
All of those fires are reported to have been caused by lightning.
Email Elizabeth Larson at
LAKE COUNTY, Calif. – County officials reported that they are working on ways to address the issues that have led to major slowdowns in the planning processes vital to Lake County’s rebuilding effort.
During Tuesday’s meeting of the Board of Supervisors, the board heard from many members of the public including contractors, as well as staff with regard to staffing issues and concerns in the Building Division of Community Development.
Human Resources handed out more than 20 extra help employment applications at the end of the open discussion.
Although there was a positive outcome with several options presented by county representatives and contractors, supervisors Rob Brown and Moke Simon still felt it necessary to dig deeper with county staff, officials said.
Immediately following the public meeting, Brown and Simon met with staff for nearly three hours.
Those at the table included Community Development, Environmental Health as well as Administration, County Counsel and Human Resources.
Environmental Health reported the lead time on septic inspections was roughly 10 days.
During the meeting with staff, there was discussion of community concerns regarding build/rebuild efforts surrounding lead times on inspections and plans review.
Staff spoke to backlogged work and how they are handling it, as well as the possibility of trainee programs, contracting with surrounding cities and counties, reaching out to retirees, hiring extra help and even bringing on volunteers as possible solutions for staffing shortages.
The immediate goal is to get inspections done while Community Development explores additional program efficiencies, including the possibility of Class K permits enabling owner built homes to be inspected when finaled.
Offers are pending to fill open permanent positions.
Supervisor Brown also announced a special town hall meeting will be held on Tuesday, Aug. 22, from 6 to 8 p.m., in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., in Lakeport. The event is specific to Lake County build/rebuilding and other construction related issues throughout the county.
Supervisor Brown also announced a special town hall meeting will be held on Tuesday, Aug. 22, from 6 to 8 p.m. specific to Lake County build/rebuilding and other construction related issues throughout the county.
“Contractors, engineers, architects and suppliers, and anyone else related to the construction industry are encouraged to attend,” said Brown.
This forum is not intended for discussion of specific cases of complaints by homeowners.
Simultaneously, the county of Lake will hold a job fair on Tuesday, Aug. 22, between 4 to 7 p.m. in the lobby of the courthouse to accept extra help employment applications for plans examiners and building inspectors.
A quick screening process will be used given the immediate need to fill the positions within Community Development.
Interested persons should arrive prepared with resumes, to fill out applications, be pre-screened by Human Resources. Qualified applicants could be interviewed on the spot.
Applications can be downloaded/completed online prior to the job fair.
The extra help application can be found at http://www.co.lake.ca.us/Government/Directory/Human_Resources/Job_Opportunities/Extra_Help_Jobs.htm.
For more information about the application process, contact the Human Resources Department at 707-263-2213.
During Tuesday’s meeting of the Board of Supervisors, the board heard from many members of the public including contractors, as well as staff with regard to staffing issues and concerns in the Building Division of Community Development.
Human Resources handed out more than 20 extra help employment applications at the end of the open discussion.
Although there was a positive outcome with several options presented by county representatives and contractors, supervisors Rob Brown and Moke Simon still felt it necessary to dig deeper with county staff, officials said.
Immediately following the public meeting, Brown and Simon met with staff for nearly three hours.
Those at the table included Community Development, Environmental Health as well as Administration, County Counsel and Human Resources.
Environmental Health reported the lead time on septic inspections was roughly 10 days.
During the meeting with staff, there was discussion of community concerns regarding build/rebuild efforts surrounding lead times on inspections and plans review.
Staff spoke to backlogged work and how they are handling it, as well as the possibility of trainee programs, contracting with surrounding cities and counties, reaching out to retirees, hiring extra help and even bringing on volunteers as possible solutions for staffing shortages.
The immediate goal is to get inspections done while Community Development explores additional program efficiencies, including the possibility of Class K permits enabling owner built homes to be inspected when finaled.
Offers are pending to fill open permanent positions.
Supervisor Brown also announced a special town hall meeting will be held on Tuesday, Aug. 22, from 6 to 8 p.m., in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., in Lakeport. The event is specific to Lake County build/rebuilding and other construction related issues throughout the county.
Supervisor Brown also announced a special town hall meeting will be held on Tuesday, Aug. 22, from 6 to 8 p.m. specific to Lake County build/rebuilding and other construction related issues throughout the county.
“Contractors, engineers, architects and suppliers, and anyone else related to the construction industry are encouraged to attend,” said Brown.
This forum is not intended for discussion of specific cases of complaints by homeowners.
Simultaneously, the county of Lake will hold a job fair on Tuesday, Aug. 22, between 4 to 7 p.m. in the lobby of the courthouse to accept extra help employment applications for plans examiners and building inspectors.
A quick screening process will be used given the immediate need to fill the positions within Community Development.
Interested persons should arrive prepared with resumes, to fill out applications, be pre-screened by Human Resources. Qualified applicants could be interviewed on the spot.
Applications can be downloaded/completed online prior to the job fair.
The extra help application can be found at http://www.co.lake.ca.us/Government/Directory/Human_Resources/Job_Opportunities/Extra_Help_Jobs.htm.
For more information about the application process, contact the Human Resources Department at 707-263-2213.