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What's in a name? Besides one's reputation, there’s legal ownership and control over one's assets and affairs, and who inherits one's estates involve names.
Your important documents usually include many names, addresses and telephone numbers, in addition your own.
Over time some of these names and contact information will become obsolete due to life changes.
What effects do the disconnects have on the usefulness of the deeds, living trust, and powers of attorney? Let's discuss.
Your title documents, particularly deeds to real property, that use your prior name should be retitled into your current name sooner than later to avoid difficulties should you become incapacitated and when you die.
With real property the owner signs a new deed using the owner's prior name as the grantor's name (worded exactly the same as the grantee's name in the current deed) and transfer title into the owner's current name as grantee. Once the deed is recorded the title is updated in the new name.
Sometimes notarizing a deed that is signed using a prior name is difficult because necessary picture identification in the signor's prior name that is acceptable for notary purposes may not be available.
In that case, two so-called "credible witnesses" – persons who both have their own valid picture identification and who are willing to swear to (amongst other things) that they know the the signor of the document by the prior name – appear at the notary's office, take an oath and sign the notary book.
Credible witnesses substitute for the unavailable recent picture identification in the old name.
If real property is owned by you as trustee of your living trust under a prior name then you will need both to amend the trust to update your name as both settlor and trustee and to retitle the trust assets in the trustee's current name.
The trust amendment would be signed by you as the settlor under the old and new names and accepted by you as the trustee under the current name.
What about the obsolete names and contact information of persons you named to act in the future as your successor trustee, agent under a power of attorney or health care directive?
The old names should be replaced as part of your regular updating of estate planning documents but do not usually require a special update whenever a name changes.
If necessary these persons can execute a "same name as" document should they need to step in as your trustee or as agent using a document that calls them by their prior name.
With powers of attorney and advance health care directives it is good practice to attach an up to date information sheet that provides the agents' current names and contact information.
Changes in a primary address have no legal effect, but the disconnect can make it difficult to contact these persons if someone is relying on the contact information provided in the document.
Another place where names are relevant is with beneficiary designations, such as with pay on death and death beneficiary accounts (such as life insurrance, annuity and retirement accounts).
A beneficiary whose name has changed will otherwise need to provide proof that they are the same person as named as death beneficiary under a prior name.
In addition to obsolete names, obsolete account passwords need to be identified and brought up to date. That is, a master list of account titles and current passwords should be available to whomever will need if they are to act as your agent or successor trustee. There are companies who for a fee will safely maintain this information on your behalf.
Moreover, trust and power of attorney documents should provide specific legal authority to allow the trustee and agent to manage digital (electronic) assets on your behalf.
Clearly it is a good idea to revisit one's legal documents and identify the prior (obsolete) names used in the documents and take any necessary action, including to at least keep a current list of people's names and addresses.
Do not, however, write directly on the legal document. Instead compile and attach a list of current names and contact information to the document. Bring them with you to your attorney and financial planner when you next update your estate planning documents.
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
LAKE COUNTY, Calif. – Authorities have identified the two drivers involved in a Thursday wreck that claimed the life of one of them.
Norman Smith, 59, of Yolo County died in the Thursday afternoon wreck that occurred on Highway 20 west of New Long Valley Road, according to California Highway Patrol Officer Kory Reynolds.
Reynolds identified the second driver who survived as Jeffery Ford, 58, of Clearlake Oaks.
Ford suffered major injuries and was flown via a REACH air ambulance to Santa Rosa Memorial Hospital, as Lake County News has reported.
On Friday, Santa Rosa Memorial spokesperson Christina Harris said Ford was in critical condition.
The CHP said that just after noon on Thursday Smith was driving a 2011 Ford F-350 pickup westbound on Highway 20 at an unknown rate of speed when, for an unknown reason, his pickup crossed the double yellow lines into the eastbound lane.
Smith’s pickup collided with Ford, who was riding a 2017 BMW motorcycle eastbound at 55 miles per hour, the CHP reported.
The CHP said Ford had tried to evade Smith’s pickup but couldn’t avoid the crash and was thrown from the motorcycle.
The CHP said Smith died at the scene.
The investigation is continuing, but the CHP said neither drugs nor alcohol were contributing factors in the crash.
Smith was using his seat belt and Ford was wearing a helmet, the CHP said.
Email Elizabeth Larson at
LAKEPORT, Calif. – A Middletown man has been charged with murder for the death of his adult daughter in a Tuesday night shooting.
Steven Russell Miller, 39, was arrested early Wednesday morning, hours after the fatal shooting of his 20-year-old daughter, Hannah Welch.
On Thursday, Chief Deputy District Attorney Richard Hinchcliff said he filed charges against Miller in the case.
The charges include murder, and use and discharge of a gun causing great bodily injury, Hinchcliff said.
The gun charge adds 25 years to life upon conviction, meaning that Miller could face a maximum sentence of 50 years to life if he’s found guilty, Hinchcliff explained.
In addition, Hinchcliff charged Miller with a misdemeanor of brandishing a firearm at his mother, who was the witness in the case.
Miller’s mother also was the reporting party on the night of the shooting, according to the sheriff’s office.
Deputies and medical personnel from Cal Fire and South Lake County Fire responded at 8:15 p.m. Tuesday to a call of a man who shot his daughter at a residence in the 18000 block of Spyglass Road in Hidden Valley Lake, as Lake County News has reported.
When deputies and paramedics arrived, they found Welch’s body inside the residence, with Miller having fled the scene. He was taken into custody in the subdivision a short time later, the sheriff’s office said.
Miller is due to appear for arraignment in the case on Friday, Hinchcliff said.
While Hinchcliff said he only has initial reports in on the case so far, “I’m not expecting to be adding any other charges.”
He also said that a great deal more investigative work is required at this stage in the case.
One of the key questions remains why Miller shot the young woman. “I don’t know what the motive was,” said Hinchcliff,
He said investigators will be following up on issues related to motive, including the relationship between Miller and Welch, and Miller’s mental health.
Miller is being held on $1 million bail at the Lake County Jail.
Email Elizabeth Larson at
LAKEPORT, Calif. – Authorities are still investigating a boat crash last week that claimed the life of a Lakeport man.
The crash on the afternoon of Thursday, May 25, resulted in the death of Roy Brian Everhart Jr., 58, according to Lt. Corey Paulich of the Lake County Sheriff’s Office.
The Sheriff’s Marine Patrol and Lakeport Fire responded to a report of a man with a head injury, finding Everhart down in a boat driven to the Skylark Motel by the man who had been out boating with him, as Lake County News has reported.
Lakeport Fire Chief Doug Hutchison told Lake County News that firefighters declared Everhart deceased due to his injury, which he was reported to have sustained after the boat hit a tree, according to the initial reports.
The sheriff’s office is conducting the investigation into the crash, but no final determinations have been made, according to Paulich.
“As far as the crash the cause is still under investigation,” said Paulich.
Everhart, a well-liked lifelong Lake County resident, was a retired planner who during his career had worked for both the city of Lakeport and the county of Lake.
A memorial service will be held for Everhart at 11 a.m. Saturday at Chapel of the Lakes Mortuary, 1625 N. High St. in Lakeport.
Email Elizabeth Larson at
CLEARLAKE, Calif. – Construction on one of the first major road projects in several years in Clearlake will begin on Monday, June 5.
The city was successful in securing money from local, state and federal sources to fund the $2.1 million rehabilitation of Phillips Avenue and 18th Avenue, according to a report from City Manager Greg Folsom.
Folsom said Phillips Avenue will be rehabilitated to provide two 11-foot traffic lanes and two 4-foot bike lanes from 40th Avenue to 18th Avenue.
Eighteenth Avenue will be similarly rehabilitated between Highway 53 and Boyles Avenue, Folsom said.
Folsom said the project is primarily funded through grants, but there is also some Measure V funding allocated to the project.
Measure V is the one-cent specific tax voters approved in a supermajority vote last fall.
All of the measure’s proceeds – expected to top $1.6 million annually – will be used only on road repair and improvement.
Traffic in the project area will be impacted for several months while construction takes place, Folsom said.
He said that drivers in the area should consider alternative routes as there will be detours and potential traffic delays during the hours of construction.
Access to and from St. Helena Hospital Clear Lake will be maintained at all times, Folsom said.
Team Ghilotti out of Petaluma was the successful bidder on this project and is busy making preparations to begin construction next week, according to Folsom.
“We have put in a lot of time on this project and we are excited for Team Ghilotti to get started,” said Clearlake Public Works Director Doug Herren. “Not only will this project improve the road surface of 18th Avenue and Phillips Avenue, but it will also allow for bike lanes which will support and encourage bicycling as a means of transportation. We appreciate the public’s cooperation and patience as we work to make these improvements in our city.”
“This is the first of many road projects that are in the works that will help to make Clearlake a much more drivable community,” said Folsom. “Staff did a great job in securing grant funding for the majority of this work.”
Folsom added, “This is also the first road project to have Measure V funding allocated to it, although we hope to not need it. More Measure V projects will be starting this summer.”
LOCH LOMOND, Calif. – The Seigler Springs Community Redevelopment Association will continue to distribute remaining relief funds available from the American Red Cross to qualified survivors of the Valley fire until June 15.
The original deadline was May 31, and has been extended by the Red Cross.
Valley fire survivors who think they qualify should contact their disaster case manager, if they have one.
The present Red Cross qualifications include complete destruction of the home and being uninsured or underinsured at the time of the emergency; and not already having received supplemental financial assistance from the Red Cross between January and December 2016 and January to May 2017.
Special consideration will continue to be given to those who have low capacity or are dependent on social services because of need as elderly (65+ yrs old), disabled, veteran, low literacy or low income.
The supplemental amount possible is up to $1,000 and the actual award amount will depend on verification of the client's circumstances.
Each nationally recognized disaster agency works with different requirements in the case of a declared disaster. These requirements are flexible as time passes beyond the initial crisis and survivors' needs and circumstances change.
For more information, contact Indigo Perry or Magdalena Valderrama by email,
The Seigler Springs Community Redevelopment Association is a public benefit 501c3 nonprofit corporation, based in the Cobb area at the epicenter of the disaster.