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In special circumstances a beneficiary may want to transfer inheritance rights to another.
Let us examine when, why and how such transfers can take place.
Consider an heir to a deceased person's intestate estate (i.e., a person who died without a will).
Sometimes, an heir may want to transfer his/her inheritance rights to the following types of recipients: An “heir search” firm; the decedent's intended beneficiary; or to another family relative. Let's discuss.
When a person without a will or trust dies and not all of the decedent’s lawful heirs step forward, an heir search firm may step in. Using genealogical records, heir search firms find the missing heirs.
For example, take an unmarried decedent with no surviving descendants or siblings. An heir search firm may find and notify the nieces and nephews or even cousins, as relevant.
Naturally, the heir search firm requests the missing heirs assign a percentage of their inheritance rights to the heir firm. Assignments are legal if they satisfy certain standards.
Next, occasionally the heirs may wish to assign their rights to the decedent's intended beneficiary.
Take a decedent who, while alive, orally declared his intention to leave everything to his then girlfriend and companion of 10 years. Unfortunately for her, he never formalized his spoken intentions.
The heirs may – and I have seen this happen – choose to honor the decedent's spoken intentions. To do so they may “assign” her their inheritance rights; in which case she steps into their shoes.
Now consider a death beneficiary to a living trust. Can the beneficiary transfer his or her beneficial interest in the trust estate? It depends.
Sometimes the trust gives a beneficiary a “power of appointment” to transfer the inheritance to alternative beneficiaries of choice; this is to allow the intended beneficiary to pick alternative beneficiaries should he or she not survive to receive his/her full inheritance.
To exercise a power of appointment, the power holder must execute a testamentary instrument and therein specifically refer to the power of appointment being exercised.
Powers of appointment are either limited or general. Limited powers of appointment allow the power holder the right to transfer some or all of an inheritance to a narrow class of persons, typically the power holder’s siblings or children.
General powers of appointment, however, allow the power holder to transfer his inheritance rights to anyone, including his estate and his creditors.
Without a power of appointment it is often impossible for the beneficiary to assign his/her inheritance because a trust will typically contain an “anti-alienation” clause. This clause prevents a death beneficiary from assigning his or her inheritance rights – prevents the beneficiary’s creditors from compelling the trustee to satisfy the beneficiary’s own debts directly from the trust (prior to distribution to the beneficiary).
Nevertheless, even with an anti-alienation clause, a trust beneficiary may sometimes still “disclaim” – renounce – his or her beneficial interest within a 9 month period after the settlor of the trust dies.
A properly executed disclaimer causes the disclaimed interest to pass as if the beneficiary had predeceased the settlor. Consequently an alternative beneficiary inherits the disclaimed property.
However, unlike with an assignment or exercise of a power of appointment, the disclaiming beneficiary may not direct who inherits; he or she can only step aside.
Before transferring an inheritance by executing an assignment, power of appointment, or disclaimer, as the case may be, one should consult with a qualified attorney.
Not only must the legal procedure be done correctly, but persons making such transfers need to understand the implications to themselves.
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 55 First St., Lakeport, California. Dennis can be reached by e-mail at
On Friday Attorney General Kamala Harris convened a leadership group of the state’s district attorneys to collectively develop smart and practical recommendations to reduce gun violence through enforcement of existing laws and prevention efforts.
“Gun violence continues to be a distressing and persistent problem in the United States, but California is leading the nation in smart, common-sense gun policies designed to protect our communities,” said Attorney General Harris. “By working together, law enforcement and our state’s district attorneys can make a difference by improving enforcement and increasing prevention to help keep all Californians safe from gun violence.”
At the meeting, district attorneys discussed current programs that effectively reduce gun violence and how to better enforce current gun laws.
The leadership group will prepare a report of best practices that will serve as models for law enforcement in other communities to adopt and as models for potential legislative reform.
Attorney General Harris discussed the importance of the Armed Prohibited Persons System (APPS) which takes guns out of the hands of those prohibited from owning them.
“The APPS program is unique to California and it is simple common-sense that prohibited persons should not possess firearms in violation of the law,” Attorney General Harris said. “The Department of Justice will be increasing the number of agents conducting these smart and effective operations.”
Earlier this month, Gov. Jerry Brown signed into law Senate Bill 140, which gives $24 million to the APPS program. With the funds, the Attorney General will hire 36 additional agents.
The Department of Justice will be able to increase enforcement operations statewide, including in Los Angeles, San Francisco, Sacramento, Fresno and Riverside.
California is the only state with a program like APPS, which identifies people who previously purchased one or more guns, but are later prohibited from owning them.
A person becomes prohibited if he or she is convicted of a felony or a violent misdemeanor, is placed under a domestic violence restraining order or is determined to be mentally unstable.
Over the last two years, DOJ agents have investigated nearly 4,000 people and seized nearly 4,000 weapons, including nearly 2,000 handguns and more than 300 assault weapons.
In the first four months of 2013, agents have collected 461 firearms and 23,080 rounds of ammunition statewide and collected 84 firearms and 9,482 rounds in the Los Angeles area.
MIDDLETOWN, Calif. – Local law enforcement officials have eradicated a large scale marijuana grow discovered earlier this month in the Middletown area.
Lt. Steve Brooks said a routine Lake County Sheriff’s Office Narcotics Task Force overflight mission that took place May 1 led to the grow’s discovery.
Brooks said detectives observed the grow site in an area commonly known as Black Oak, which is located in a remote area off of Butts Canyon Road near the Lake and Napa county line.
Last Friday, May 10, detectives walked into the site and discovered 46,284 marijuana plants, Brooks said.
The detectives said it appeared to be an illicit marijuana growing operation, funded by a Hispanic drug trafficking organization, according to Brooks.
As the detectives were conducting their investigation they noticed two Hispanic males fleeing the area on foot, Brooks said. After a brief search of the area, they were unable to locate the suspects.
During the investigation, detectives located and seized a cellular telephone as evidence. Brooks said a forensic examination of the telephone will be conducted in an attempt to identify the suspects.
The marijuana later was eradicated and destroyed, Brooks said.
The Sheriff’s Narcotics Task Force can be contacted through its anonymous tip line at 707-263-3663.
NORTHERN CALIFORNIA – Napa County Planning Commissioner Matt Pope has announced that he is joining the 2014 race for the California Assembly’s District 4 seat.
A Democrat, the 42-year-old Pope will seek the seat currently held by Mariko Yamada, who will be termed out next year.
District 4 includes Lake and Napa counties, and portions of Colusa, Sonoma, Solano and Yolo counties.
“I am running to keep communities safe, fix local schools, colleges and universities, improve our quality of life, and expand opportunity for working families,” Pope said.
He joins a growing field that includes Lake County Supervisor Anthony Farrington, Davis Mayor Joe Krovoza and Davis City Councilman Dan Wolk.
Pope has support from state Sen. Noreen Evans (D-Santa Rosa), for whom he serves as a district representative.
“Matt brings an unrivaled breadth of experience to voters,” Evans said. “He has worked in business, served our country and communities in the Navy and as a reserve police officer, and fought for working families as an organizer for two international unions. He understands the everyday issues people in Napa, Yolo, Sonoma, Lake, Solano and Colusa counties are facing and will be their biggest advocate in the Assembly.”
Pope is the former president of the Napa County Democrats and served for three years on the American Canyon Planning Commission. He is a former labor organizer for SEIU 24/7 and IFPTE Local 21.
“I believe I have the skills and experience necessary to serve this diverse district,” Pope said. “I want to fight for working families and their public school children. But I also know what it takes to balance environmental protection with the enormous importance of agriculture and tourism to our economy.”
In addition to Sen. Evans, Pope cited endorsements from Former Assembly Assistant Majority Floor Leader Michael Allen, Napa County Supervisor Keith Caldwell, American Canyon City Council member Kenneth Leary, Napa City Council member Scott Sedgley, Yountville Town Council member Marita Dorenbecher, Napa Valley College Board Trustee Dan Digardi and Napa County Planning Commissioner Heather Phillips.
Pope earned his bachelor of science in government from Jacksonville University before coming to work in the high-tech security industry in Silicon Valley.
He served as a U.S. Navy reserve and was called to duty for three weeks to provide logistic support at the Naval Air Station in Lemoore in the days after 9/11. He also served for five years as a reserve police officer in the City of Fremont.
Pope lives in American Canyon with his wife, Harlen.
CLEARLAKE, Calif. – In response to an outpouring of community requests, local officials are offering suggestions on how to help the family of Mikaela Lynch, while area residents are planning vigils in memory of the little girl.
The 9-year-old San Francisco girl, who had autism, wandered from her family’s Harbor Drive vacation home on Mother’s Day.
After an exhaustive search involving agencies from around the state, her body was found in Cache Creek, not far from the home, on Wednesday morning.
The Clearlake Police Department, which had headed up the search for the girl, offered a series of suggestions on how the community can assist the Lynch family, who have asked that their privacy be respected in the wake of their daughter’s death.
The agency said it’s received numerous requests from members of the public who wish to make a donation in Mikaela’s memory.
While the agency itself cannot accept donations, it said that tax-deductible donations in honor of the child could be made through SF Polo in the Park, a program which Mikaela loved.
The James S. Brady Therapeutic Riding Program for children with autism and other special needs is the main beneficiary of Polo in the Park, Clearlake Police said.
The program provides children in the San Francisco Bay Area with horsemanship and horseback riding lessons as a physical or social therapy alternative.
Donations of stock, cash, goods and services are welcome. For more information visit http://sfpolointhepark.com/donate or call 415-221-9438.
Police also said that anyone wishing to send their condolences to the Lynch family may do so at the following mailing address: The Lynch family, General Delivery Post Office, Clearlake, CA 95422.
Candlelight vigils for the girl also are being organized.
One will be held beginning at 8 p.m. Saturday at Redbud Park, 14655 Lakeshore Drive in Clearlake. Members of the Lynch family are expected to be in attendance.
On Monday, the Success in Autism Support Group – in conjunction with First 5 Lake County and Easter Seals – is planning a candlelight vigil for Mikaela and her family at 6 p.m. at the Legacy School, 1950 Parallel Dr. in Lakeport.
Email Elizabeth Larson at
CLEARLAKE OAKS, Calif. – The famed Clearlake Oaks-Glenhaven Catfish Derby is gearing up to begin its three-day run on Friday.
The derby will run from Friday through Sunday. Derby headquarters are located at the Northshore Fire Protection District’s Clearlake Oaks station, 12655 E. Highway 20.
The derby, held annually for more than 30 years, is the largest catfish tournament west of the Mississippi.
Each May hundreds of of eager fishermen and women visit Clear Lake for a chance to land the big one and win one of many prizes.
The tournament features separate divisions for adults and children; food and entertainment; a $4,000 prize cash for the largest fish caught in the adult division; an Apple iPad for the largest fish in the children's division; and more than $10,000 total in cash and merchandise prizes.
For derby entrants fishing from a boat, they must have a current quagga mussel inspection sticker to compete in this year's derby. For more information about quagga stickers, visit www.clearlakeoaks.org/index.php?option=com_content&task=view&id=156&Itemid=2 .
For general information about the tournament, visit www.clearlakeoaks.org/index.php?option=com_content&task=view&id=28&Itemid=30 .