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Estate Planning: Enabling advisors to control the administration of a trust

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Written by: DENNIS FORDHAM
Published: 04 January 2025
Dennis Fordham. Courtesy photo.

Under California’s new Uniform Directed Trust Act, trusted advisors can be granted control of certain aspects of the trust administration as trust directors.

Also, settlors now can allow co-trustees to divide (compartmentalize) the trust administration between themselves such that co-trustees are no longer responsible for each other’s administration.

Thus, California now allows the trustee’s duties and powers to be segmented and allocated amongst two or more fiduciaries (legal representatives of the trust) who collectively administer the trust.

Until recently, the administration of the trust was always controlled and managed by one or more trustees with full authority and powers over the trust in their hands alone.

Trustees can still hire agents and delegate certain functions. Nonetheless, under Probate Code Section 16012 (a), “The trustee [still] has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform and may not transfer the office of trustee to another person nor delegate the entire administration of the trust to a co-trustee or other person.”

That is, the trustee has certain non-delegable duties and even if there is a co-trustee involved, neither co-trustee could transfer all responsibility to the other co-trustee.

Now, however, a settlor can establish a trust that divides the trust administration across two or more fiduciaries and diminishes the trustee’s role; perhaps even reducing the trustee to simply holding title to trust assets and performing ministerial duties.

That is, advisors whom the trustee once might have appointed as agents under the trustee’s supervision may now be nominated by the settlor when establishing the trust as “trust directors” to oversee aspects of the trust administration.

As implied, the trust director directs (tells) the trustee to take action within the scope of the trust director’s authority. The directed trustee, as implied, is a trustee whose actions are directed (governed) by one or more trust directors, provided such directions are given within the trust director’s authorized scope of authority.

A trusted financial advisor might be appointed by the settlor as trust director for Investments. The financial advisor might be allowed to make certain investment choices that a trustee would otherwise not be allowed to perform such as investments that would violate the duty to diversify and/or not to invest in speculative / risky assets.

For example, the settlor may want the trust director for Investments to invest in certain possibly high gain / high risk assets (e.g., crypto currency) that the trustee could not do. Naturally, the trust instrument would need to waive California’s statutory diversification and risky asset rules that prohibit such trust investments.

Importantly, the directed trustee has no duty to supervise or to second guess the trust director’s own judgment in either using or not using the trust director’s authority and powers. Nonetheless, the directed trustee still cannot implement a direction given by the trust director if doing so would be a willful breach of the trustee’s fiduciary duty.

Furthermore, the directed trust act also allows co-trustees to control different aspects of a trust’s administration separately.

For example, a special co-trustee with a professional license may be given exclusive authority to control and to manage the settlor’s professional (licensed) practice (e.g., a dentistry), if the professional settlor became incapacitated or died.

The settlor’s spouse might be the other co-trustee with general control over all other trust assets. The settlor’s spouse still has authority to receive assets from the co-trustee managing the settlor’s professional practice (such as money if the practice were sold).

The spouse as general co-trustee would administer the trust for the benefit of the settlor’s family while the special co-trustee winds up the professional practice.

In sum, California law allows for responsibilities for a trust administration to be segmented amongst a variety of fiduciaries (representatives), with unequal and compartmentalized powers, in order to achieve more desired results.

The foregoing discussion is not legal advice. Anyone confronting such estate planning issues should consult with a qualified attorney.

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

Space News: NASA’s micro-mission Lunar Trailblazer will make macro-measurements of the lunar surface in 2025

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Written by: César León Jr., Washington University in St. Louis
Published: 04 January 2025

 

Lunar Trailblazer is planned to launch in early 2025. Lockheed Martin Space
César León Jr., Washington University in St. Louis

NASA’s upcoming Artemis II mission is slated to return astronauts to the Moon no sooner than April 2026. Astronauts were last on the Moon in 1972 during the Apollo 17 mission.

Artemis II will utilize NASA’s Space Launch System, which is an extremely powerful rocket that will enable human space exploration beyond Earth’s atmosphere. The crew of four will travel in an Orion spacecraft, which the agency launched around the Moon and successfully returned during the Artemis I mission.

But before Artemis II, NASA will send two missions to scout the surface of the lunar south pole for resources that could sustain human space travel and enable new scientific discoveries.

Planetary geologists like me are interested in data from Lunar Trailblazer, one of these two scouting missions. The data from this mission will help us understand how water forms and behaves on rocky planets and moons.

Starting with scientific exploration

PRIME-1, or the Polar Resources Ice Mining Experiment, will be mounted on a lunar lander. It’s scheduled for launch in January 2025.

Aboard the lander are two instruments: The Regolith and Ice Drill for Exploring New Terrain, TRIDENT, and the Mass Spectrometer for Observing Lunar Operations, MSOLO. TRIDENT will dig down up to 3 feet (1 meter) and extract samples of lunar soil, and MSOLO will evaluate the soil’s chemical composition and water content.

Joining the lunar mining experiment is Lunar Trailblazer, a satellite launching on the same Falcon 9 rocket.

Think of this setup as a multimillion-dollar satellite Uber pool, or a rideshare where multiple missions share a rocket and minimize fuel usage while escaping Earth’s gravitational pull.

Bethany Ehlmann, a planetary scientist, is the principal investigator of Lunar Trailblazer and is leading an operating team of scientists and students from Caltech’s campus. Trailblazer is a NASA Small, Innovative Mission for PLanetary Exploration, or SIMPLEx.

These missions intend to provide practical operations experience at a lower cost. Each SIMPLEx mission is capped at a budget of US$55 million – Trailblazer is slightly over budget at $80 million. Even over budget, this mission will cost around a quarter of a typical robotic mission from NASA’s Discovery Program. Discovery Program missions typically cost around $300 million, with a maximum budget of $500 million.

Building small but mighty satellites

Decades of research and development into small satellites, or SmallSats, opened the possibility for Trailblazer. SmallSats take highly specific measurements and complement data sourced from other instruments.

A diagram showing four small satellites scanning Earth's science and taking layers of science data.
Missions like NASA’s TROPICS use a network of small satellites to take more data than one satellite would be able to do alone. NASA Applied Sciences

Multiple SmallSats working together in a constellation can take various measurements simultaneously for a high-resolution view of the Earth’s or Moon’s surface.

SIMPLEx missions can use these SmallSats. Because they’re small and more affordable, they allow researchers to study questions that come with a higher technical risk. Lunar Trailblazer, for example, uses commercial off-the-shelf parts to keep the cost down.

These low-cost, high-risk experimental missions may help geologists further understand the origin of the solar system, as well as what it’s made of and how it has changed over time. Lunar Trailblazer will focus specifically on mapping the Moon.

A brief timeline of water discoveries on the Moon

Scientists have long been fascinated by the surface of our closest celestial neighbor, the Moon. As early as the mid-17th century, astronomers mischaracterized ancient volcanic eruptions as lunar mare, derived from the Latin word for “seas.”

Nearly two centuries later, astronomer William Pickering’s calculations suggested that the Moon had no atmosphere. This led him to conclude the Moon could not have water on its surface, as that water would vaporize.

However, in the 1990s, NASA’s Clementine mission detected water on the Moon. Clementine was the first mission to completely map the surface of the Moon, including the lunar poles. This data detected the presence of ice within permanently shadowed regions on the Moon in low resolution.

Scientists’ first water detection prompted further exploration. NASA launched the Lunar Prospector in 1998 and the Lunar Reconnaissance Orbiter in 2009. The India Space Research Organization launched its Chandrayaan-1 mission with the Moon Mineralogy Mapper, M3, instrument in 2008. M3, although not designed to detected liquid water, unexpectedly did find it in sunlit areas on the Moon.

These missions collectively provided maps showing how hydrous minerals – minerals containing water molecules in their chemical makeup – and ice water are distributed on the lunar surface, particularly in the cold, dark, permanently shadowed regions.

Novel mission, novel science

But how does the temperature and physical state of water on the Moon change from variations in sunlight and crater shadows?

Lunar Trailblazer will host two instruments, the Lunar Thermal Mapper, LTM, and an evolution of the M3 instrument, the High-resolution Volatiles and Minerals Moon Mapper, HVM3.

The LTM instrument will map surface temperature, while the HVM3 will measure how lunar rocks absorb light. These measurements will allow it to detect and distinguish between water in liquid and ice forms.

In tandem, these instruments will provide thermal and chemical measurements of hydrous lunar rock. They’ll measure water during various times of the lunar day, which is about 29.5 Earth days, to try to show how the chemical composition of water varies depending on the time of day and where it is on the Moon.

These results will tell researchers what phase – solid or liquid – the water is found in.

Scientific significance and what’s next

There are three leading theories for where lunar water came from. It could be water that’s been stored inside the Moon since its formation, in its mantle layer. Some geologic processes may have allowed it to slowly escape to the surface over time.

Or, the water may have arrived on asteroids and comets that collided with the lunar surface. It may even have been created by interactions with the solar wind, which is a stream of particles that comes from the Sun.

Lunar Trailblazer may shed light on these theories and help researchers make progress on several other big science questions, including how water behaves on rocky bodies like the Moon and whether future astronauts will be able to use it.The Conversation

César León Jr., Ph.D. Student of Planetary Geology, Washington University in St. Louis

This article is republished from The Conversation under a Creative Commons license. Read the original article.

First snow survey of the season shows snowpack near average for California

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Written by: LAKE COUNTY NEWS REPORTS
Published: 03 January 2025
California Department of Water Resources staff members Jordan Thoennes (left), Water Resources engineer, and Andy Reising, Snow Surveys and Water Supply Forecasting Unit manager, conduct the first media snow survey of the 2025 season at Phillips Station in the Sierra Nevada. The survey is held approximately 90 miles east of Sacramento off Highway 50 in El Dorado County. Photo taken Thursday, Jan. 2, 2025. Photo by Nick Shockey/California Department of Water Resources.

NORTHERN CALIFORNIA — Recent storms have boosted California’s snowpack following a hot summer and fall.

The Department of Water Resources, or DWR, on Thursday conducted the first snow survey of the season at Phillips Station.

The manual survey recorded 24 inches of snow depth and a snow water equivalent of 9 inches, which is 91% of average for this location, DWR reported.

The snow water equivalent measures the amount of water contained in the snowpack and is a key component of DWR’s water supply forecast. Statewide, DWR said the snowpack is 108% of average for this date.

Recent years in California have been marked by extremely hot and dry conditions broken up by periods of intense rain and snow. So far, this water year has been no different, according to DWR’s report.

A record-breaking hot and dry summer continued well into the fall, but a powerful atmospheric river in November broke several rainfall records in Northern California. DWR said a series of storms in late December provided another boost.

“While our snowpack looks good now, we have a long way until April when our water supply picture will be more complete,” said DWR Director Karla Nemeth. “Extreme shifts between dry and wet conditions are continuing this winter and if the past several years are any indication, anything could happen between now and April and we need to be prepared.”

DWR’s electronic readings from 130 stations placed throughout the Sierra Nevada indicate that the statewide snowpack’s snow water equivalent is 10.7 inches, or 108% of average for this date, compared to 28% on this date last year.

California has seen this pattern before. In both 2013 and 2022, the January snowpack was well above average thanks to December storm activity, only for dry conditions to take over the rest of the winter, quickly erasing early season snow totals and continuing existing drought conditions across the state.

California Department of Water Resources staff members (from right) Andy Reising, Snow Surveys and Water Supply Forecasting Unit manager; Manon von Kaenel, Water Resources engineer; Angelique Fabbiani-Leon, state hydrometeorologist; and Jordan Thoennes, Water Resources engineer, conduct the first media snow survey of the 2025 season at Phillips Station in the Sierra Nevada. The survey is held approximately 90 miles east of Sacramento off Highway 50 in El Dorado County.  Photo taken January 2, 2025. Photo taken Thursday, Jan. 2, 2025. Photo by Nick Shockey/California Department of Water Resources.


“We are fortunate to have had several solid snow-producing atmospheric river systems so far this season,” said DWR’s Snow Surveys and Water Supply Forecasting Unit Manager Andy Reising. “The fall was extremely dry, so our healthy snow totals are thanks to a handful of big storm systems in November and late December. But to finish the year where we need to be, we will still need additional snow building at a regular pace throughout the winter.”

Major reservoirs statewide are currently 121% of average thanks to two consecutive years of above average snowpack conditions, which occurred after the driest three-year period on record in California.

DWR is preparing for these swings between extreme conditions by investing in climate resilience, including the use of Forecast Informed Reservoir Operations, floodplain and flood infrastructure improvements and groundwater recharge efforts that will ensure California is able to capture and use as much water during flood conditions as possible.

On average, the Sierra snowpack supplies about 30%t of California’s water needs. Its natural ability to store water is why the Sierra snowpack is often referred to as California's “frozen reservoir.”

Data from these snow surveys and forecasts produced by DWR’s Snow Surveys and Water Supply Forecasting Unit are important factors in determining how DWR manages the state’s water resources.

In other hydrology news, in the Mendocino National Forest, the season’s first snow measurements show below-average conditions.

At Anthony Peak in the Covelo Ranger District and Stony Creek river basin, the December snow measurement showed a depth of 21 inches with 8 inches of water content and 38 % density.

No available measurement at that site was available in December 2023, but in December 2022, the density at that site also was 38%

At Plaskett Meadows, in the Eel River basin, measurements are not expected until April.

A drone view of the course after the California Department of Water Resources conducted the first media snow survey of the 2025 season at Phillips Station in the Sierra Nevada. The survey is held approximately 90 miles east of Sacramento off Highway 50 in El Dorado County.  Photo taken Thursday, Jan. 2, 2025. Photo by Nick Shockey/California Department of Water Resources.

Authorities identify woman killed in crash with semi truck

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Written by: Elizabeth Larson
Published: 03 January 2025
LAKE COUNTY, Calif. — The Lake County Sheriff’s Office has identified the Clearlake Oaks woman killed in a Christmas Eve crash with a semi truck.

Frances Cline Novak, 76, died in the wreck, said sheriff’s spokesperson Lauren Berlinn.

The California Highway Patrol’s Clear Lake Area office said Novak was traveling on state Route 53, south of state Route 20 near Clearlake Oaks in a a 2000 Lexus RX3 when she made a U-turn from the southbound shoulder ahead of a 2015 Peterbilt truck tractor driven by Javier Gomez Jimenez, 57, of Williams.

As a result, Novak’s Lexus was hit broadside by the semi truck, and she died of her injuries at the scene, the CHP said. Gomez Jimenez was not injured.

The crash remains under investigation.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, and on Bluesky, @erlarson.bsky.social. Find Lake County News on the following platforms: Facebook, @LakeCoNews; X, @LakeCoNews; Threads, @lakeconews, and on Bluesky, @lakeconews.bsky.social.
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