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UPPER LAKE – With only a few hours' notice, citizens gathered on Main Street in Upper Lake on Friday afternoon to welcome home a local soldier.
Daniel Rogers of Upper Lake arrived home from Afghanistan to waving flags, a cheering crowd and handmade signs thanking him for his service.
The family vehicle turned onto Main Street where Rogers saw a crowd waiting to personally embrace him and thank him for his service and sacrifice.
Rogers was visibly moved by the reception, taking time to shake hands and share hugs with everyone.
The young soldier has recently endured difficult times. His unit was hit hard during the Battle of Kamdesh, where eight soldiers lost their lives in one day.
The base where Rogers was assigned was destroyed and he and his fellow soldiers lost all of the belongings they were not wearing or carrying.
Rogers has expressed his gratitude for the support he and his comrades have received. He has communicated directly, using calling privileges to let the participants of Operation Tango Mike and his Lake County supporters know he had received the extra care packages sent to replenish their supplies.
He also has sent messages via his parents, being gracious and very appreciative of the concern and encouragement he has received.
Rogers will enjoy his 15 day mid-deployment leave with his family. He will return to Afghanistan to complete his tour of duty, but will take with him memories of a warm welcome on a November day.
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Three air ambulances were called to fly out three crash victims, according to Northshore Fire Protection District Battalion Chief Pat Brown.
The first collision, a head-on between two off highway vehicles, occurred just before 3:30 p.m. in the Deer Valley area along Elk Mountain Road, according to the California Highway Patrol.
Elk Mountain Road was closed until nearly 6:30 p.m. as Northshore Fire medics worked on the crash victims. Brown said two REACH air ambulances flew out both subjects.
The CHP reported that the crash victims suffered major injuries.
The second crash, involving a single vehicle, occurred just before 4 p.m. on Highway 20 at Hillside Lane near Clearlake Oaks, the CHP reported.
The vehicle went into a wall, and shortly afterward the CHP reported one of the two subjects in the car was reported to be out of vehicle and on the ground.
“Everybody's going too fast,” said Brown.
The roadway was closed for nearly a half-hour as the two crash victims were assisted by Northshore Fire, according to the CHP.
Brown said a female was transported to Santa Rosa Memorial Hospital via CalStar air ambulance.
The CHP later reported that the woman was transported to a hospital in Quincy because Santa Rosa Memorial's trauma rooms were full. Her injuries were reported at minor later in the evening, according to the CHP.
CHP reported another crash happened along westbound Highway 20 east of Upper Lake, when a single vehicle fishtailed and went off the roadway. Minor injuries were reported in that incident.
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Now, let’s explore the contours of this terrain.
“Surviving spouse” is a statutorily defined term relevant to the inheritance rights of married and formerly married persons of a deceased person to whom they were once married. “Surviving spouse” includes any married person whose marriage was neithe
r dissolved nor annulled, no matter how short.
It even includes a married person living separately at the time of death, even if a divorce was pending; provided, however, that marital property rights were not legally terminated, that is, no court ordered separation judgment was issued. That last proviso, as we shall see, however, appears only to pertain to inheritance by intestacy (where someone dies without a will).
With respect to probates (e.g., wills and intestacy), a person who is not a surviving spouse, because of dissolution or annulment, no longer inherits under their ex-spouse’s will, which was signed during marriage, unless the will expressly provides otherwise. The same applies to intestate probates.
But, in contradiction to the definition of “surviving spouse,” a decree of legal separation which does not terminate the status of husband and wife, however, is not a dissolution, and so will not prevent inheritance under a will, although it will prevent inheritance by intestacy.
A similar, but different, set of rules applies to inheriting as a designated beneficiary of non-probate assets such as trusts, IRAs, pay-on-death accounts and joint tenancy assets, but not life insurance. That is, any dissolution or annulment precludes inheritance on death transfers which were authorized during the marriage.
Again, a decree of legal separation which does not terminate the status of husband and wife is not a dissolution and so will not preclude inheritance of any non probate assets by a person who otherwise satisfies the definition of “surviving spouse”.
Furthermore, certain special exceptions may apply to allow a person who is not a “surviving spouse” to still inherit as a designated beneficiary of a non-probate “transfer at death” authorized during marriage. That is, if the transfer was not subject to revocation at death; could not be changed due to court order (e.g., during a pending divorce proceeding); or there is clear and convincing evidence that the deceased transferor intended to preserve the non-probate transfer, then a surviving ex-spouse may still inherit .
Next, regarding employer provided ERISA retirement plans (e.g., 401(k)s), which are non-probate assets, relevant federal law determines a surviving ex-spouse’s right of inheritance and preempts any conflicting state law to the contrary.
Lastly, the foregoing discussion shows why married persons need to act prospectively in keeping their testamentary wishes current, and should do so sooner rather than later.
Obviously, when married persons are already involved in court dissolution proceedings, however, it may become difficult (and sometimes impossible) to effectuate changes due to statutory prohibitions against changing designated beneficiaries on non probate assets, and/or due to court orders preventing such changes.
While not discussed above, what changes married persons can make to their wills, trusts, and non-probate assets (e.g., joint tenancies, retirement plans, life insurance) prior to, during and after their dissolution of marriage proceedings (terminating their marriage), is itself an important subject – one worthy of a future article in this column.
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 1st St., Lakeport, California. Dennis can be reached by e-mail at
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The $11.1 billion legislative package takes on a laundry list of critical state water issues, from sustainability of the Bay Delta to water storage, drought relief and regional water supply, and reportedly includes establishing a statewide target to reduce urban per capita water use by 10 percent by 2015 and 20 percent by 2020.
The part of the legislation that may affect Lake County the most relates to the Bay Delta. Clear Lake drains into Cache Creek which, in turn drains into the delta, which is a critical source of water for urban an agricultural interests in the south.
On Oct. 11 Gov. Arnold Schwarzenegger called a special legislative session to address the state's water crisis, saying that it was damaging the state's economy – particularly in the agricultural and building sectors.
The state's water system now serves 38 million residents, more than twice the 16 million for which it originally was built, Schwarzenegger's office reported.
Package elements include SB 7x 1, which establishes oversight agencies for delta governance and planning; SB 7x 7, which sets 20 percent water conservation by 2020; SB 7x 6, pertaining to groundwater elevation management; SB 7 x8, which provides for investments in delta levee repair and ecosystem restoration, storage facilities, water recycling and watershed protection, and authorizes the use of $546 million from Proposition 84; and the water bond, SB 7x 2, which places the overall $11.1 million package on the November 2010 statewide general election ballot.
Out of the session resulted a water package scheduled to go before voters in November 2010. Earlier this month Schwarzenegger called it “an historic achievement.”
But that sentiment isn't shared by North Coast Assemblyman Wes Chesbro (D-Arcata), who voted against the package.
On Wednesday Chesbro issued a statement in which he called the legislation “a wolf in sheep's clothing.”
Chesbro said he strongly supports removing the Klamath dams, but added, “Funding removal of the Klamath dams while at the same time threatening the flows in the Trinity River is a fool’s bargain. We need to find a way to fund dam removal that doesn’t put the Trinity and our other North Coast rivers at risk.”
He explained that $3 billion is included in the bond, SB 7x 2, to fund water storage projects to the south.
Chesbro said those projects will increase pressure for diversion of more Northern California river water, and he asserted that the Trinity River is at greatest risk, because of existing dams and pipelines to the Sacramento River. That, in turn, increases the pressure on the Klamath fisheries.
“This would be a general obligation bond, which means they want to take our water and then make us help pay for it,” said Chesbro.
He said this would be the first time California has issued a general obligation bond for water development projects, Previously, such projects were paid for with revenue bonds, which means those who benefit from the water pay for it.
It's the big water users in the south who would reap the most benefits, said Chesbro.
In addition, he said more than $2 billion in pork was added to the package to get the votes of Southern California legislators. In turn, $100 million proposed for Northern California coastal salmonid restoration projects was cut in half, he said.
Chesbro said groups such as the Regional Council of Rural Counties and the Pacific Coast Federation of Fishermen’s Associations oppose the bond and the whole water package. He said Northern California tribes have expressed strong skepticism of the legislation.
“This is the wrong time for California to take on billions more in debt. We are in the midst of the worst economic crisis since the Great Depression,” he said.
Chesbro cited a Legislative Analyst’s Office prediction that the state is facing several years of multibillion-dollar deficits, and issued warning that the state’s bond debt service will consume an “unprecedented” 10 percent of the general fund – or about $600 million a year – if the measure passes.
Like Chesbro, North Coast Sen. Patricia Wiggins (D-Santa Rosa) criticized the water bond, which she voted against, although she voted for other pieces of legislation in the bill.
In a statement issued late last week, Wiggins said she voted against SB 7x 2 – which places the $11.1 million bond on the ballot Nov. 2, 2010 – for several reasons, among them her concern that the projects the bill might fund projects including a peripheral canal, and dams and dam expansions.
“I have been strongly supportive of efforts to remove the dams on the Klamath River, which have wreaked havoc on salmon fisheries and other ecosystems downstream,” Wiggins said. “While this bond would include $250 million to help take down those dams, I don't believe the financing should come at the expense of new dams that would harm communities in other parts of the state.”
Wiggins also called the bond “fiscally irresponsible,” coming at a time when the state is facing more budget deficits and, as a result, more cuts in the coming year. “That money should be spent directly on education, health care and other essential services, not debt payments,” she said.
She offered support for the rest of the package, which she said was brought about by an “unprecedented coalition” of groups – business, environmental, industry and utilities. Wiggins said all of the package's elements are based on years of scientific studies and recommendations from the Delta Vision Blue Ribbon Commission and the Delta Vision Committee.
The Governor's Office offered the following breakdown of the $11.1 billion water package's expenditures:
– Drought relief: $455 million for drought relief projects, disadvantaged communities, small community wastewater treatment improvements and safe drinking water revolving fund.
– Regional water supply: $1.4 billion for integrated regional water management projects up and down the state and for local and regional conveyance projects.
– Delta sustainability: $2.25 billion for projects that support delta sustainability options – levees, water quality, infrastructure and to help restore the ecosystem of the Delta.
– Water storage: $3 billion for public benefits associated with water storage projects that improve state water system operations, are cost effective, and provide net improvement in ecosystem and water quality conditions.
– Watershed conservation: $1.7 billion for ecosystem and watershed protection and restoration projects in 21 watersheds including coastal protection, wildlife refuge enhancement, fuel treatment and forest restoration, fish passage improvement and dam removal.
– Groundwater cleanup and protection: $1 billion for groundwater protection and cleanup.
– Water recycling and water conservation: $1.25 billion for water recycling and advanced treatment technology projects as well as water conservation and water use efficiency projects.
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Lake County Health Services said that 9,000 doses have arrived in Lake County so far, and another 9,000 individual doses are expected in multiple shipments over the next two months.
So far, the H1N1 influenza has been the cause of one local man's death, as Lake County News has reported.
Lake County Health Officer Dr. Karen Tait said vaccinations for community members will continue to take place through a combination of local clinics, pharmacies and doctor’s offices as well as vaccination clinics targeting the highest risk groups, health officials reported.
“While we are happy to see this vaccine, it is not arriving in sufficient quantities at a given time to allow us to schedule mass vaccination clinics, which we had hoped to be doing before the end of the calendar year,” said Tait.
Instead, Tait recommended continuing the current strategy of working with local health providers to administer the vaccinations.
“By partnering with local health providers, we can continuously push this vaccine out to the public and can concentrate on first reaching those at highest risk for medical complications,” she said. “We are also able to vaccinate those who may expose patients, young babies, and others who are vulnerable to
complications.”
The priority groups recommended for vaccination earliest include pregnant women, household contacts and caregivers for children younger than 6 months of age, health care and emergency medical services personnel, all people from 6 months through 24 years of age, and individuals aged 25 through 64 years who have health conditions associated with higher risk of medical complications from influenza.
One of the most challenging messages to get across is that persons 65 and over – usually one of the main targets for seasonal influenza vaccination – should plan on waiting until after these five target groups have been vaccinated, Tait reported.
The exception, according to Tait, would be for persons over 65 years old who fit into one of the defined groups, such as those who care for young infants. The risk for H1N1 infection in persons age 65 or older is less than the risk for younger age groups.
Lake County Health Services reported that it is using its limited vaccine supplies to vaccinate people who fall into the target groups, including those who may otherwise have limited access to health services.
The Public Health division does not yet have sufficient vaccine to accommodate “all comers,” but will accept referrals of eligible individuals whose own doctors are unable to provide the vaccine, Tait reported.
In this case, the referral to Public Health should be made by the doctor’s office or clinic. Dr. Tait pointed out that everyone needs to have a “medical home” with a local health care provider, so this is an opportunity to get established with a local doctor.
Although influenza illness continues to be widespread throughout the county and the state, there are indications that it may be starting to taper off, Tait said. The trend will be clearer over the coming
weeks.
“Even if flu activity does subside, we could experience additional waves of H1N1 over the coming months as well as the appearance of seasonal influenza strains later in the year,” Tait said. “However, I do feel optimistic that we are coping well with this pandemic and that we may have seen the worst. Of course, time will tell.”
The public should still continue to practice good hand hygiene, respiratory etiquette (covering coughs and sneezes), and regular cleaning of frequently touched environmental surfaces, health officials said.
Vaccination against H1N1 influenza is recommended, as additional vaccine becomes available, regardless of when it arrives. Checking periodically with health providers for vaccine is recommended, yet patience is also needed as long as vaccine production lags behind demand, according to the health department.
For more information about H1N1, visit www.cdph.ca.gov/HealthInfo/discond/Pages/SwineInfluenza.aspx , www.cdc.gov/H1N1FLU/ , www.flu.gov/ .
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