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Trustees have the power to employ attorneys, accountants and other professionals for a variety of reasons related to the trustee’s duties in administering the trust.
Let us examine the issue of paying attorney fees in various contexts.
The general rule in California is that, “[t]he trustee has the power to pay … reasonable compensation of the trustee and of employees and agents of the trust, …. .” This includes attorney fees.
If a trust is not one subject to court supervision, for example the administration of a living trust upon the incapacity or death of the settlor(s), the trustee should see whether the trust document itself speaks to the payment of attorney fees by the trustee.
Otherwise, under California law, the trustee’s attorney is entitled to reasonable compensation for services rendered; what trusts typically provide.
However, if the trust is subject to court supervision, for example a first party special needs trust established by a conservator pursuant to a court order, then the trustee must both follow any local court guidelines regarding the payment of attorney fees and obtain court approval to pay attorney fees. A petition with supporting details regarding the legal services is needed.
In a breach of trust situation, i.e., where a beneficiary charges that the trustee has violated his duties to the trust, the trustee usually hires an attorney to defend the trustee personally.
In that case, the trustee is best advised to hire his or her own attorney to represent the trustee personally. Doing so means that the trustee will pay out of his or her own pocket.
Otherwise, if the trustee pays an attorney using the trust’s assets and the trustee loses the case then the trustee will both have to repay the trust the monies spent on attorney fees and the successor trustee will become entitled to all attorney client confidences between the prior trustee and his or her attorney; the attorney-client privilege would then remain with the office of the trustee and not follow the person who once occupied the office.
Next consider a trustee who opposes a contest brought by a beneficiary to overturn the trust or one of its amendments.
That very situation was the subject of the recent appellate court decision in Doolittle v. Exchange Bank (2015), 241 CA4th 529.
In Doolittle, the daughters of the deceased settlor objected to the trustee administering an express directive, contained in the same paragraph as the trust amendment’s “no contest” clause, to pay attorney fees from trust assets to pay attorneys to defend the very same trust amendment that the daughters said was invalid.
In Doolittle, the appellate court ruled that the trustee could follow the trust amendment’s express directive to pay attorney fees (as they were incurred) prior to any determination by the court on the ultimate issue of whether the same amendment was valid.
The court did not agree with the daughters' argument that the attorney fee provision should be treated as a part of the amendment’s “no contest” clause; this would have prevented the trustee from paying attorney fees unless and until the trustee prevailed in the underlying dispute over the validity of the amendment itself.
The appellate court reasoned that, (1) unlike a “no contest” clause the payment of attorney fees did not specifically reduce or eliminate what the daughters were to receive under the terms of the amendment; (2) that to not allow the trustee to pay attorney fees as they were incurred would prevent the trustee from carrying out his present duty to defend the settlor’s directive; and (3) that the trust amendment expressly authorized the payment of attorney fees to defend the amendment.
When a trustee is uncertain about how to pay attorney fees, the trustee can petition the court for instructions.
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
Immediately after its 2008 launch, NASA’s Interstellar Boundary Explorer, or IBEX, spotted a curiosity in a thin slice of space: More particles streamed in through a long, skinny swath in the sky than anywhere else.
The origin of the so-called IBEX ribbon was unknown – but its very existence opened doors to observing what lies outside our solar system, the way drops of rain on a window tell you more about the weather outside.
Now, a new study uses IBEX data and simulations of the interstellar boundary – which lies at the very edge of the giant magnetic bubble surrounding our solar system called the heliosphere – to better describe space in our galactic neighborhood.
The paper, published Feb. 8, 2016, in The Astrophysical Journal Letters, precisely determines the strength and direction of the magnetic field outside the heliosphere.
Such information gives us a peek into the magnetic forces that dominate the galaxy beyond, teaching us more about our home in space.
The new paper is based on one particular theory of the origin of the IBEX ribbon, in which the particles streaming in from the ribbon are actually solar material reflected back at us after a long journey to the edges of the sun’s magnetic boundaries.
A giant bubble, known as the heliosphere, exists around the sun and is filled with what’s called solar wind, the sun’s constant outflow of ionized gas, known as plasma. When these particles reach the edges of the heliosphere, their motion becomes more complicated.
“The theory says that some solar wind protons are sent flying back towards the sun as neutral atoms after a complex series of charge exchanges, creating the IBEX ribbon,” said Eric Zirnstein, a space scientist at the Southwest Research Institute in San Antonio, Texas, and lead author on the study. “Simulations and IBEX observations pinpoint this process – which takes anywhere from three to six years on average – as the most likely origin of the IBEX ribbon.”
Outside the heliosphere lies the interstellar medium, with plasma that has different speed, density, and temperature than solar wind plasma, as well as neutral gases.
These materials interact at the heliosphere’s edge to create a region known as the inner heliosheath, bounded on the inside by the termination shock – which is more than twice as far from us as the orbit of Pluto – and on the outside by the heliopause, the boundary between the solar wind and the comparatively dense interstellar medium.
Some solar wind protons that flow out from the sun to this boundary region will gain an electron, making them neutral and allowing them to cross the heliopause.
Once in the interstellar medium, they can lose that electron again, making them gyrate around the interstellar magnetic field.
If those particles pick up another electron at the right place and time, they can be fired back into the heliosphere, travel all the way back toward Earth, and collide with IBEX’s detector.
The particles carry information about all that interaction with the interstellar magnetic field, and as they hit the detector they can give us unprecedented insight into the characteristics of that region of space.
“Only Voyager 1 has ever made direct observations of the interstellar magnetic field, and those are close to the heliopause, where it’s distorted,” said Zirnstein. “But this analysis provides a nice determination of its strength and direction farther out.”
The directions of different ribbon particles shooting back toward Earth are determined by the characteristics of the interstellar magnetic field.
For instance, simulations show that the most energetic particles come from a different region of space than the least energetic particles, which gives clues as to how the interstellar magnetic field interacts with the heliosphere.
For the recent study, such observations were used to seed simulations of the ribbon’s origin. Not only do these simulations correctly predict the locations of neutral ribbon particles at different energies, but the deduced interstellar magnetic field agrees with Voyager 1 measurements, the deflection of interstellar neutral gases, and observations of distant polarized starlight.
However, some early simulations of the interstellar magnetic field don’t quite line up. Those pre-IBEX estimates were based largely on two data points – the distances at which Voyagers 1 and 2 crossed the termination shock.
“Voyager 1 crossed the termination shock at 94 astronomical units, or AU, from the sun, and Voyager 2 at 84 AU,” said Zirnstein. One AU is equal to about 93 million miles, the average distance between Earth and the sun. “That difference of almost 930 million miles was mostly explained by a strong, very tilted interstellar magnetic field pushing on the heliosphere.”
But that difference may be accounted for by considering a stronger influence from the solar cycle, which can lead to changes in the strength of the solar wind and thus change the distance to the termination shock in the directions of Voyager 1 and 2. The two Voyager spacecraft made their measurements almost three years apart, giving plenty of time for the variable solar wind to change the distance of the termination shock.
“Scientists in the field are developing more sophisticated models of the time-dependent solar wind,” said Zirnstein.
“The new findings can be used to better understand how our space environment interacts with the interstellar environment beyond the heliopause,” said Eric Christian, IBEX program scientist at NASA’s Goddard Space Flight Center in Greenbelt, Maryland, who was not involved in this study. “In turn, understanding that interaction could help explain the mystery of what causes the IBEX ribbon once and for all.”
The Southwest Research Institute leads IBEX with teams of national and international partners. NASA Goddard manages the Explorers Program for the agency’s Heliophysics Division within the Science Mission Directorate in Washington.
MIDDLETOWN, Calif. – In the wake of numerous reports by south county residents of thefts on properties in the Valley fire area, a meeting in March will discuss setting up a network of new Neighborhood Watch groups.
The meeting will take place beginning at 6 p.m. Tuesday, March 8, at the Calpine Geothermal Visitor Center, 15500 Central Park Road, Middletown.
The new Neighborhood Watch groups are proposed to be formed in the areas of Anderson Springs, Cobb, Hidden Valley Lake, Jerusalem Valley, Loch Lomond, Middletown and Spruce Grove Road.
At the Middletown Area Town Hall meeting earlier this month south county residents discussed the issues of thefts, burglaries, vandalism and trespassing on their properties.
Sheriff Brian Martin at that time reported that his staffing levels are down significantly, and as he works to address that he urged community members to pursue a Neighborhood Watch group. He said such groups have been particularly effective on the Northshore.
Representatives of the sheriff's office and the California Highway Patrol are scheduled to be at the March 8 meeting to discuss the do’s and don’ts of patrolling.
Other topics for the March 8 meeting will include how to organize a Neighborhood Watch, setting up patrols in certain areas, effective sign placement and simple things you can do on your property to discourage theft.
Email Elizabeth Larson at
MIDDLETOWN, Calif. – Fire survivors who lost homes in the devastating Lake County fires and residents struggling with local childcare will benefit from a generous donation of $80,000 from Fire Family Foundation.
A donation of $60,000 was made recently at the Middletown Fire Station to Hope City, a disaster relief agency rebuilding homes destroyed by the fires, and a donation of more than $20,000 went to the Lake Family Resource Center for much-needed childcare in the community.
Fire Family Foundation provides assistance to individuals and families affected by fire-related disasters throughout California and is the charitable hand of Firefighters First Credit Union.
The foundation worked with the North Bay’s Redwood Credit Union and Mendo Lake Credit Union, along with the California Credit Union League to identify the greatest needs of fire survivors and provide the funding.
Foundation executive director Robin McCarthy along with credit union and league representatives presented the checks to Hope City Chief Executive Officer Kevin Cox and Team Lake County Chair Shelly Mascari this month.
Hope City has identified several homeowners who lost their residences in the Valley fire to be beneficiaries of the $60,000 gift, according to Cox. He noted Hope City matches the gift with volunteer labor, so it becomes a $120,000 donation.
The selection of families for receipt of Hope City’s assistance is needs-based, with aid going to individuals who had little or no insurance and may have other extenuating circumstances.
“We’re thankful to the foundation and local credit unions who have been so amazing in helping Lake County, and we thank the community for rallying to get families back into homes,” said Cox.
Another recipient of Fire Family Foundation grant funds was Lake Family Resource Center, which provides childcare in Lake County.
“We’re grateful for the focus on childcare needs for those impacted by the fire,” said Jennifer Dodd, Lake Family Resource Center’s executive director. “The grant will help families with childcare services so they can get back to work knowing their children are cared for.”
She said many fire survivors have challenges with transportation, changed school schedules and the disappearance of off-site daycares in the area.
“These funds will help reduce the stress impacting families in the area who have children,” Dodd said.
“It’s exciting to see how so many organizations and people coming together to support Lake County is helping the community move forward,” said Brett Martinez, Redwood Credit Union’s president and chief executive officer.
Noting the “heartwarming” actions coming from outside Lake County to assist with recovery efforts, Mendo Lake Credit Union Chief Executive Officer Richard Cooper said, “We’re thankful for the donations from credit unions across the state and beyond. We appreciate the efforts of Redwood Credit Union and the California Credit Union League in getting the word out about the tremendous need in Lake County.”
LAKEPORT, Calif. – A talented and playful kitten is waiting at Lake County Animal Care and Control for the person or family that will be his.
The kitten, estimated to be 4 months old, is the last of three brothers to have come into the shelter.
He's a playful fellow who also is gentle when he plays. When you stick your fingers through the kennel's door, he just wraps himself around them.
When he was visited this week, he also showed off his acrobatic side, doing a cartwheel in his cage to show his desire to play.
He'd like to come and cartwheel around your house.
He's in cat room kennel 80c, ID No. 4366.
To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .
Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.
Office hours are Monday through Friday, 11 a.m. to 5 p.m., and 11 a.m. to 3 p.m., Saturday. The shelter is open from 11 a.m. to 4 p.m. Monday through Friday and on Saturday from 11 a.m. to 3 p.m.
Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .
For more information call Lake County Animal Care and Control at 707-263-0278.
Email Elizabeth Larson at
Members of the California Highway Patrol will travel to the country of Morocco under a partnership with the United States Department of State to support international law enforcement and anti-crime efforts.
The CHP’s Office of Community Outreach and Media Relations (COMR) will provide support to the Moroccan National Police, Direction Generale de la Surete Nationale or DGSN, as Morocco reviews its national police agency’s communication strategy.
The CHP was chosen because of its experience, reputation, capability, and outreach activities which provide a unique contribution to the needs and objectives of the DGSN.
“It is truly an honor for the CHP to be selected for this assignment, and it reflects well on the hard work and dedication of our employees who communicate with the public and the communities we serve,” said CHP Commissioner Joe Farrow. “We understand now more than ever the importance of transparency and earning the public’s trust. We look forward to meeting with the Moroccan police officials to learn about their priorities and programs and to providing them the assistance they desire.”
The project marks the second overseas deployment by the CHP after the Department signed a memorandum of understanding with the U.S. Department of State in 2014.
The State Department’s Bureau of International Narcotics and Law Enforcement Affairs will reimburse the CHP for all expenses incurred during the deployments. The CHP previously went to Ukraine to assist with police training.
Participating in the first deployment of the DGSN’s communication program will be the commander of the CHP’s Office of COMR and a sergeant who oversees the CHP’s marketing and social media programs.
Next, DGSN officials will visit California to observe and study CHP public information officers as they interact and communicate with the media, the public, and community groups.
Representatives from the CHP are then scheduled to return to Morocco to mentor, guide and support the implementation of the Moroccan communication strategies.