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Those who neglect getting their affairs in order place both themselves and their loved ones in unnecessary jeopardy.

They risk putting themselves and their family either through the stress and uncertainty of deathbed estate planning, or worse yet, if nothing gets done, making their family suffer the consequences.

What are the risks?

They vary, but usually include one or more of the following issues: You die “intestate” (i.e., without a will); your estate is probated; your assets are distributed incorrectly (i.e., either to the wrong person(s) or in the wrong way); your estate goes to persons who should not inherit anything – such as persons who receive needs-based government benefits, who have debt problems, or who have other obstacles; and your estate is administered by the wrong person who does not do right by your family.

Deathbed estate planning is best avoided. Everything must be completed in a rush under great stress and uncertainty.

Let’s consider some real life scenarios.

Imagine a lady who is about to have surgery, but puts off finalizing estate planning documents because she understands that the surgery is a minor operation with little risk. Unexpectedly, complications arose due to infections, and the lady becomes comatose, does not recover, and dies.

Unfortunately the lady’s surviving husband, who was already in fragile health, takes a turn for the worse and he becomes unable to get the couple’s affairs in order due to his own diminished mental capacity.

The couple’s surviving children battle one another over control of their parents’ estate. A court supervised conservatorship becomes necessary to control the situation.

Now imagine someone with end-stage cancer about to undergo chemotherapy who delays finalizing her estate planning. During chemotherapy her health deteriorates dramatically, she loses consciousness, and is expected to live only a few more days.

Fortunately, her son has a well-drafted power of attorney giving him complete estate planning and gifting authority to get her affairs in order before she died.

He has her attorney draft all necessary gifting documents to transfer assets to the children without probate. The mother is kept alive another 24 hours to ensure that the work is completed before she dies.

Next, picture a gentleman dying of cancer in his bed without his affairs in order. He asks a close friend to find an attorney. When they meet he initially finds it uncomfortable to trust the attorney who asks him many questions.

He decides many issues all in one setting so that legal documents can be prepared the next day. Then with much effort and concentration he signs them on the third day. A few days later he dies.

Nonetheless people still choose to delay. Common reasons include: fear of dying – some people avoid estate planning because it makes them consider their mortality; procrastination – some people believe, “I always have tomorrow, why act now”; laziness – some people are not willing to gather the necessary information and documents; not necessary – some people think, “I won’t be around after I die, others can sort out my mess”; indecision – some people just cannot decide who gets what; costs – some say, “I don’t want to spend the money because I have other more immediate wants and needs.”

As the expression goes, “people don’t plan to fail, they just fail to plan.”

Neglecting one’s estate planning is failing to plan for the protection of oneself and one’s family. It is best done during times of ease rather than at the last moment in times of stress. One’s last days should not be preoccupied with estate planning.

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 This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.

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The entire Clear Lake High School teaching staff, along with Lakeport Superintendent of Schools Erin Smith-Hagberg, Clear Lake High School Principal Steve Gentry and Lake County Superintendent of Schools Wally Holbrook, gathered on Wednesday, May 25, to celebration the school's achievement of being named a 2011 California Distinguished School. Courtesy photo.

LAKEPORT, Calif. – Clear Lake High School, named a 2011 California Distinguished School earlier this spring, held a special ceremony on Wednesday, May 25, in celebration of the achievement.

The school received a Distinguished School flag and plaque from the California Department of Education that it will display with pride.

The ceremony included a special presentation from Lake County Superintendent of Schools Wally Holbrook.

Holbrook recognized the entire district, indicating that this award is a culmination of the commitment to excellence that begins in the district’s elementary schools, and continues through to the middle school and the high school.

The entire staff and student body of Clear Lake High School was congratulated for their success.

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The event is sponsored as a major fund-raiser by Clear Lake Performing Arts, and all proceeds go to support the Lake County Symphony, the Youth and Junior Youth orchestras, and scholarships.

Home winemakers and brewers are urged to pour samples for the public, who will then vote for their favorites.

They may also submit samples for judging by a panel of professionals, with ribbons awarded in a wide range of varieties and styles. Details, including fees where applicable, are included on the entry forms.

The festival is open to the public at no charge and families are welcome although those wishing to taste wines and beers must purchase a commemorative wine glass, for $20, which entitles them to unlimited tastings. Proof of age will be necessary for younger attendees.

Music will be provided by the David Neft Duo and a major silent auction and raffle will also be featured, along with arts and crafts booths and commercial vendors and foods in a variety of styles.

Interested participants may check the Web site at www.homewinemakersfestival.com for information and applications, or contact Ed Bublitz at 707-277-8172 or This email address is being protected from spambots. You need JavaScript enabled to view it..

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Preliminary figures gathered by the Department of Justice from the state's largest jurisdictions show that the number of homicides reported in 2010 declined by 9.6 percent from the year before.

“The decline in homicides and other violent crimes reflects the tireless efforts of our peace officers,” said Harris. “My office is committed to supporting their brave, relentless and selfless work in protecting the people of California from hardened criminals.”

The report did not calculate rates for 23 counties with a population of 100,000 residents or less, including Lake and its neighboring counties of Mendocino, Colusa and Glenn.

Overall in the larger jurisdictions, the number of violent crimes declined 6.4 percent in 2010, according to statistics compiled from 89 agencies that report about 65 percent of all crimes committed annually in California. Forcible rape declined 6 percent.

Robbery dropped 8.9 percent and aggravated assault fell 4.6 percent, Harris' office reported..

Property crimes declined 2.2 percent in 2010. Burglary dropped 0.9 percent. Motor vehicle theft declined 7.2 percent. Arson dropped 15 percent. Larceny under $400 dropped 4.9 percent. Only larceny over $400 rose, by 0.7 percent.

The 2010 figures are a preliminary update of the annual report "Crime in California 2009," which was released earlier this year. That report, which was compiled using data submitted to the Department of Justice by police and sheriffs in the state's 58 counties, showed the homicide rate in California fell in 2009 by nearly 9 percent.

A second report, “Homicides in California 2009,” provides an even more detailed analysis.

Homicides dropped from 2,143 in 2008 to 1,970 in 2009. That marked the fourth consecutive year of decline, and a numerical decline of 5 percent since 2000.

One troubling note is that the number of gang-related homicides between 2008 and 2009 increased 18 percent – to nearly 40 percent of all homicides in California where the contributing circumstances were reported.

The falling homicide rate was mirrored by the rates of other violent crimes, which dropped in every category in 2009: Robbery declined 8.6 percent; aggravated assault, 5.5 percent; and rape, 3 percent.

The majority of homicides in 2009 in the state – 70.5 percent – involved firearms. More than 84 percent of victims ages 18 to 29 were killed with guns, but just slightly more than 51 percent of victims over 40 were killed with guns.

Besides firearms, the weapons used in 2009 homicides were knives (15.1 percent); hands and feet (5.5 percent); clubs and other blunt objects (5.3 percent); rope, drugs and all other weapons (3.6 percent).

Some 35 percent of 2009 homicides, where the contributing circumstances were reported, occurred as a result of an argument. Another 8.4 percent occurred as the result of rape, burglary or robbery. Another 2.5 percent were drug related, a decrease from 3 percent in 2008.

In cases where police could determine relationships, the majority of victims were killed by friends or acquaintances. Less than 30 percent were killed by strangers, the rest by family members.

Hispanics were homicide victims far more often than whites, African Americans or members of other ethnic groups; they accounted for 46.6 percent of all homicides in 2009.

Among those arrested in 2009 for homicide, 90 percent were male and 10 percent were female. Men were victims 82.2 percent of the time; women, 17.8 percent. Females were more likely to be killed in their residences, while men were more likely to be killed on streets or sidewalks.

Gang-related homicides claimed more male victims than any other factor (46.2 percent). Domestic violence claimed more female homicide victims (41.3 percent). Homicide victims under the age of 5 overwhelmingly died as a result of child abuse (almost 90 percent).

Among the state's 35 largest counties in 2009, Monterey County had the highest homicide rate per 100,000 population (11.8), and Napa County had the lowest (0.7). Merced County had the second highest rate (10.1).

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Officials believe 3-year-old Ava Riggle, who was abducted by her father from her home in Phelan, Calif., on May 6, 2011, was spotted in the Lakeport area on Tuesday, May 24, 2011 . Courtesy photo.

LAKEPORT, Calif. – A young girl whose noncustodial father allegedly abducted her from San Bernardino County earlier this month may have been spotted in Lakeport.

Ava Rian Riggle, 3, was taken from her Phelan home by her father, Nicholas Riggle, 22, as Lake County News has reported.

Officials said Nicholas Riggle had been in Lake County in March and was believed to be back in the area, along with a woman named Marcy Gearhart, who also has reportedly used the last name Riggle.

On Thursday at approximately 2:17 p.m. a “be on the lookout” to local law enforcement officers was broadcast in response to reported sightings of Gearhart and the girl at two different locations.

Marcy Gearhart