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Is something missing in your estate plan?
Do the documents that you rely upon still serve you and your loved ones?
There are certain recurring estate planning short comings to be aware of. Let’s discuss some important ones.
In the event of incapacity is the power of attorney and living trust, as relevant, sufficiently robust to manage all important necessities?
People who choose to grant “all powers” on the California statutory power of attorney incorrectly believe that doing so means that the power of attorney is sufficiently broad to cover all situations.
In fact, special instructions are often required to be added to the statutory power of attorney to deal with particular planning goals.
Consider a parent who financially supports a dependent adult child. Does the parent’s power of attorney authorize the agent not only to pay the bills related to the parent’s household affairs but also to continue providing the same support to the adult dependent child?
What if an incapacitated person has pets. Does the power of attorney instruct the agent to pay veterinary care and/or boarding service expenses?
Moreover, consider an incapacitated married person who needs skilled nursing home care and is trying to become eligible for Medi-Cal. Does the person’s well spouse as agent have authority to gift the person’s residence and other assets to the well spouse to accelerate Medi-Cal eligibility and to preserve assets for the couple’s children?
The limited gifting authority provided in most powers of attorney does not contemplate such gifting and falls short.
In fact using the power of attorney to make such unauthorized gifts would be a breach of the agent’s duty and a conflict of interest if the agent were gifting to him or herself.
All of this needs to be expressly authorized in the power of attorney and/or trust, as relevant.
Will there be an unintended probate at death? A not-too-uncommon misconception some people have is that having a will avoids probate. Not true; having a will invites a probate.
With a will an estate is subject to probate if assets – excluding nonprobate assets that pass to designate death beneficiaries or surviving joint tenants – with a combined gross value over $150,000 go to someone other than the decedent’s own surviving spouse (who may receive an unlimited amount of assets without being required to have a formal probate).
Does each one of the person’s nonprobate assets have up-to-date and complete death beneficiary designation forms? Are both primary and alternative/contingent beneficiaries named? Not naming alternative beneficiaries can sometimes result in an unintended probate or in unintended distributions when a primary beneficiary does not survive to inherit.
Does the person’s estate leave assets outright to beneficiaries who – for any variety of reasons – should not receive outright inheritances? This may be because the beneficiary receives needs based government benefits, has substance abuse problems, has creditor problems or is unable to manage his assets.
It is much more feasible to identify and to correct inadequacies in one’s estate planning beforehand, when there is no compelling necessity to do so, than to remedy the situation after unfavorable events occur.
A periodic update to one’s estate plan will bring peace of mind.
Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 870 S. Main St., Lakeport, California. Fordham can be reached by e-mail at
Generally speaking, space missions fall into one of three categories: difficult, more difficult and ridiculously difficult.
Flybys are difficult. A spaceship travels hundreds of millions of miles through the dark void of space, pinpoints a distant planet or moon, and flies past it at 20 to 30 thousand mph, snapping pictures furiously during an achingly brief encounter.
Going into orbit is more difficult. Instead of flying past its target, the approaching spaceship brakes, changing its velocity by just the right amount to circle the planet. One wrong move and the spacecraft bounces off the atmosphere, becoming an unintended meteor.
Landing is ridiculously difficult. Just play NASA's “Seven Minutes of Terror” video. Watching Curiosity parachute, retrorocket and sky-crane its way to the surface of Mars rarely fails to produce goosebumps.
Since the Space Age began, the space agencies of Earth have succeeded in landing on only six bodies: Venus, Mars, the Moon, Titan, and asteroids 433 Eros and Itokawa.
In a move that could set a new standard for difficulty, the European Space Agency is about to add a seventh member to the list.
On Nov. 12 ESA's Rosetta spacecraft will drop a lander named “Philae” onto the surface of Comet 67P/Churyumov-Gerasimenko.
“How hard is this landing?” asked Art Chmielewski, the US Rosetta Project Manager at JPL. “Consider this: The comet will be moving 40 times faster than a speeding bullet, spinning, shooting out gas and welcoming Rosetta on the surface with boulders, cracks, scarps and possibly meters of dust!”
Rosetta will drop Philae from a height of 22 kilometers as the comet rotates freely below. No active steering will take place during the slow descent.
“Unlike previous landings, where reconnaissance had been done beforehand--at Mars, for instance, we mapped the planet well in advance – Rosetta just started learning about its target a couple of months ago,” explained Claudia Alexander, Project Scientist for the U.S. Rosetta Project. “This introduces much more risk.”
Rosetta arrived at 67P on Aug. 6, 2014. What it found was shocking.
The comet's nucleus is strangely shaped (one observer has likened it to a “freak-show mushroom”), dominated by a pair of mile-wide “knobs” joined by a boulder-strewn “neck.” Picking a landing site would not be easy.
Rosetta spent more than a month surveying the comet before engineers and scientists gathered in France to make their decision.
“None of the candidate landing sites met all of the operational criteria at the 100 percent level,” said Stephan Ulamec, Philae Lander Manager at the German Aerospace Center (DLR), “but Site J is clearly the best solution.”
Site J is a relatively flat, boulder-free location on the smaller of the comet's knobs. It gets plenty of sunlight for the lander's solar panels and has good line-of-sight visibility for communications with Rosetta orbiting overhead.
The descent will take about 7 hours, a drawn-out process that could be enlivened by unpredictable jets of gas emerging from the comet's core.
You thought seven minutes of terror was bad? “This will be Seven Hours of Terror,” said Alexander.
If all goes well, Philae will touch down at walking pace and deploy harpoons to fasten itself to the crusty surface. A suite of 10 sensors on the lander, including a drill for sample collection and an acoustic sounder to probe the comet's sub-surface structure, can then begin an unprecedented study of a comet at point-blank range.
“A comet is unlike any other planetary body that we've attempted to land on,” said Alexander. “Getting Philae down successfully will be an incredible achievement for humankind!”
Try your hand at landing a spacecraft on a comet with NASA Space Place's Comet Quest: http://spaceplace.nasa.gov/comet-quest/ .
Dr. Tony Phillips works for the National Aeronautics and Space Administration.
LAKE COUNTY, Calif. – Four horses that got loose on Highway 20 late Thursday died after being hit by vehicles.
California Highway Patrol Officer Kory Reynolds said the incident was first reported at 10:35 p.m. Thursday on Highway 20 along Cache Creek, east of Clearlake Oaks.
Reports from the scene said that a large number of horses had gotten out onto the highway.
Reynolds said the horses came from a nearby ranch.
Two vehicles – one traveling eastbound, one traveling westbound – were involved in the crashes with the four horses that died, Reynolds said.
None of the people involved were injured, he said.
CHP incident reports indicated that one-way traffic had been in effect for a short time, with the highway reopening just before 12:30 a.m. Friday.
Email Elizabeth Larson at
NORTH COAST, Calif. – The man responsible for the 1993 murder at Lake Mendocino of a Redwood Valley Water District employee was denied parole at a hearing held Wednesday at Pelican Bay State Prison in Crescent City.
Troy Harden, now age 43 and formerly of Willits, will not be eligible for parole reconsideration until the year 2021, according to the Mendocino County District Attorney's Office.
Mendocino County Assistant District Attorney Paul Sequeira attended the hearing to argue against Harden’s release in representing the interests of the district attorney, the residents of Mendocino County, and the victim’s family and friends.
Redwood Valley Water District employee Larry Stephenson, then age 47, a husband and father who lived in Upper Lake, was stabbed multiple times and his throat was cut by Harden on Jan. 22, 1993.
Stephenson encountered Harden, his brother and another man during a routine maintenance check at the water outlet tower on the east shore of Lake Mendocino.
The three suspects were arrested six days later after the discovery of Stephenson’s body. Harden's brother and the third man were convicted of being accessories to Stephenson’s murder and both received prison sentences, officials reported.
Because of publicity at the time, Troy Harden’s criminal proceedings were moved to Humboldt County for trial.
The prosecutor who presented the evidence against Harden at the Eureka trial was retired Mendocino County Assistant District Attorney Bob Hickok, and Harden’s defense was handled by then-Public Defender Ron Brown, who died in 2012.
Superior Court Judge Frank Petersen, who died in 2011, presided over the case in Eureka and sentenced Harden to the maximum allowed by law – 26 years to life in state prison – after jurors found Harden guilty of first-degree murder.
Judge Petersen received 118 letters from concerned citizens asking that Harden receive the maximum sentence.
After attending the sentencing hearing, the victim’s widow Marilyn Stephenson told reporters, “I pity anyone who has to go through this. It’s a nightmare. I’ll never forgive Troy Harden for what he did.”
Sequeira said Thursday, “It is our responsibility to never forget. It is our duty to protect Mendocino County by keeping killers like Harden in prison. When Harden comes up for parole again in 2021, the DA’s Office will be there to oppose his release, and to remind the Board of Prison Terms that he committed a brutal, cold-blooded murder of a good family man.”
NORTH COAST, Calif. – During its Wednesday meeting in Ukiah, the Mendocino College Board of Trustees voted to pursue a conservation easement agreement for the Point Arena Field Station property with the Bureau of Land Management.
The board asked staff to work with the Trust for Public Lands and the BLM to secure a conservation easement for the property that will allow for continued educational activities, prevent development and protect the coastal environment.
The proposal was the result of a recent conversation college officials had with the BLM – facilitated by the Trust for Public Lands – in which the BLM communicated that it was open to purchasing the easement.
Under the proposed agreement, the college would retain full ownership of the property and make all decisions regarding use of the property while adhering to the intent and parameters of the accord.
The BLM would agree to pay the college to hold the right to enforce the landowner’s promise not to develop the land or use the facilities for noneducational activities.
In return, the college will receive fair market value for conceding their rights to develop the property in the future and restrict use to research and educational activities.
This option does allow the owners to consider sale of the property in the future, but the restrictions on land use would be passed on to the new property owners. Consequently, such a sale would likely bring a significantly reduced value to the property due to the limitations on the land use.
Conservative estimates suggest over $1 million is needed to bring the building up to acceptable standards and nearly $40,000 a year is required for maintenance.
After learning that BLM would support this option, Mendocino College Superintendent/President Arturo Reyes met with key members of the college community.
Reyes said the BLM is willing to consider this option to accommodate the interest of the college in maintaining control of the property, limiting the restrictions that BLM ownership may have placed on the property, and the fact that the potential income to the college from this conservation easement option and an option presented by the ad hoc committee are very similar.
At the start of Wednesday's meeting, Reyes’ report to the board outlined the general parameters of the conservation easement option for the Point Arena property for the trustees to consider.
After listening to a brief budget update and public comments, the trustees took up the Point Arena matter.
Trustee Paul Ubelhart made a motion to move forward with the option to secure a conservation easement agreement for the Point Arena Field Station property with the BLM. After some discussion, the amended motion was approved by the Board of Trustees.
The board’s action directs staff to consult with the appropriate agencies to secure a conservation easement for the Point Arena Field station.
The motion also calls for a representative group of staff, Point Arena Field Station advocates (Friends of Point Arena), interested faculty members and a college foundation representative to secure financial support in the way of donations and pledges while also designing a fundraising campaign plan for at least the next three years.
Staff will update the board on the progress of these two initiatives at the next regularly scheduled Board of Trustees meeting.
After the decision, Reyes said, “We are very pleased to have found what appears to be an elegant solution to a complex and highly emotional situation. I’m delighted with the decision and appreciative that Board President Joel Clark created such an open and inclusive process that encouraged community members, staff, faculty, students, and Point Arena residents to express their voices. It is clear that our trustees truly listened to everyone involved and made the right choice.”
The college thanked students, faculty and staff, Markley Bavinger of the Trust for Public Lands, Rich Burns of BLM, the board’s ad hoc committee, and the college trustees for working together to do the right thing for the region.
LOWER LAKE, Calif. – Painful stories of desperation were shared recently with students at Lower Lake High School in a presentation designed to inspire hope and kindness.
“The Wave of Hope,” which consists of a series of photo exhibits accompanied by messages of hope and understanding, was brought to ninth grade students in Nina Gibson's health class on Oct. 31.
Highlighting the presentation were real-life stories of those who have overcome, or in some way been affected by, adversities severe enough that they were at the point of suicide and self-destruction.
Sharon Dawson, who created the program, said the mission is to break through the stigma and fear that can come with depression by showing people that they are not alone and to help society gain compassion through understanding they are not immune.
“Sooner or later, you go through hard times and these are the people who have made it through those hard times. There are about 30 people participating and each person has a different story,” she said, introducing a slideshow.
Dawson applies her passion as a photographer to the illustration of joy reclaimed by those who have persevered through their hardships.
The photos are accompanied by written messages aspiring to end alienation and restore hope:
– “Depression is not a sign of weakness. It is a sign of humanity.” – June
– “I no longer see myself as the freak everyone made me out to be ... I'm glad I stuck around.” – Michelle
– “I was going to throw my life away. Then came the day they told me I was going to lose it and I have fought like hell to keep it.” – Sandi
– “Don't just let it all run around in you mind, unspoken. Talk about it out loud to someone.” – Star
The three stories the students heard during the presentation were relative to issues commonly faced by teenagers.
Ana's story began in third grade with her first of several attempts at suicide.
Her desperation arose from an unstable family life – influenced by drugs and responsibilities beyond a healthy childhood – lack of acceptance among her peers, humiliation, ridicule and a deep desire to find escape.
Ana's despair was furthered fueled by physical ailments, an abusive boyfriend and the continued lack of parental stability. At one point, she turned to self-mutilation.
Each of Ana's attempts at self-destruction were stopped, either by a friend, or in one case, by a school janitor.
Her final attempt came when she was 16 years old, after Dawson, for whom she was working and had taken her in, discreetly intervened.
Ana's new direction has led to happiness and children of her own. “I am so happy. I have a great business and a great life. I am so glad someone stopped me every time I needed someone to,” Ana wrote. “Just talk to someone. Life is worth living. Just because you don't think so for a day doesn't mean the next day will be the same.”
David's story was a bit different. His was from the perspective of a boy who lost his younger brother to suicide.
David's brother suffered severe teasing at school. He killed himself two weeks before his 11th birthday. “Over time it gets less painful, but you never get over it,” David wrote.
Ducky was the lone presenter on hand to read her own story to the class.
“By the time I was in third grade, I was seemingly assigned the role of 'ugly duckling.' It started with glasses and the 'four eyes' jokes; moved onto braces and got the whole gamut of 'railroad track mouth' jokes and by the time I was in fifth grade, I had developed acne to the point of insanity,” she said.
“There was not a single place I could touch on my face that was not covered in acne. I had crazy, frizzy hair. I didn't know how to dress and I had reached the age of totally awkward.”
Ducky's ridicule continued to the point of torture, she said, eventually becoming the victim of boys and their cruel and humiliating jokes.
She said while she refused to let the boys and their friends see her pain, it consumed her and when she got home she would “fall apart.”
Ducky sought escape through suicide, though her attempts were unsuccessful.
Then, for Christmas, she said she received a bottle of acne medicine and what followed were life-changing results. “It was amazing. I could finally feel a part of my face that was skin – what skin was supposed to feel like,” she said.
Soon thereafter, Ducky said she discovered makeup and began glamorizing her friends before dances or just for fun. She said she recognized it helped them release their insecurities – something she thought she could apply to herself.
“I will never forget my first compliment. I bet most people can't remember that. You can remember specific compliments, but in the 10th grade I received the first compliment of my life,” Ducky said.
Ducky concluded her presentation by encouraging the students to share words of kindness. “A kind word here or there can change a life,” she said.
Students were provided with a list phone numbers to connect them with area resources available to assist them and their friends.
“Keep these,” Dawson said. “Whether it's you or someone you know, these numbers are important.”
For more information, visit www.thewaveofhope.org .
Email Denise Rockenstein at [email protected] .