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Estate Planning: Did you plan your vacation better than your estate?
If you are getting ready to go on vacation but feel uncomfortable because you have planned your vacation better than you have planned your legal affairs then you are not alone.
It’s only natural to have some concern in case something unexpected might happen while away. Underlying this nagging concern are two levels of reality. Why are you holding back from getting your affairs in order? What can and should you do before leaving?
Procrastination and apprehension over one’s mortality are two common reasons why people indefinitely postpone getting their affairs in order.
However, consider the following: It is far easier to get one’s affairs in order when there is no compulsion to do so and when times are easy as opposed to doing so under compulsion in an emergency; and, getting one’s affairs in order gives one an immediate peace of mind to live life more fully.
What one can do varies with one’s own circumstances and needs.
Some people only need a simple will (I.e., those with small estates under $150,000) while most other people need a living trust to avoid probate at death and perhaps for other reasons.
That said, anyone can write a handwritten will prior to going on vacation in order to have some peace of mind that their estate, even if subject to probate, will nonetheless go to their intended death beneficiaries.
This is especially true for unmarried couples who wish to leave some portion of their estate to their partner; otherwise the probate assets will all pass to their heirs.
Using a handwritten will is neither a desirable approach nor a long-term solution. It is not as reliable and helpful as an attorney prepared and executed will.
How is a valid handwritten (holographic ) will executed?
Unlike a regular will a holographic will is handwritten and is not witnessed. The essential requirements are as follows: First, the will must show the testator’s testamentary intentions (I.e., “this is my will”). Second, the will must state the bequests (gifts).
Gifts can be stated in various ways: Specific gifts of items of property to named persons and/or to identifiable classes of people (e.g., my children, my spouse); and/or percentages (that total 100%) of one’s remaining estate allocated to specific persons and/or classes.
Third, a primary and alternative executor(rix) to administer the will should be named. Finally, the will must be signed and dated by the testator.
Also, with retirement and life insurance plans, it is wise to call the administrator and enquire who is named as primary and alternative death beneficiaries.
One may be surprised to learn that no alternative beneficiary is named or that who is named is no longer appropriate. If necessary, request a change in death beneficiary form and instructions.
Next, everyone should have powers of attorney for incapacity planning to control financial, property and health care decisions during the principal’s disability. Incapacity planning can be accomplished most simply by completing California’s Uniform Statutory Power of Attorney and Advance health care declaration forms.
Explanations for each of the individual powers listed in the power of attorney can be obtained by going on-line and searching for “California uniform statutory power of attorney explanation of powers.”
Is the foregoing approach to estate planning ideal or completely sufficient?
Not usually. Laypersons using the above approach will not typically cover all the important issues they need to address.
For example, conferring gifting authority to transfer real and personal property to loved ones, which is often relevant for Medi-Cal planning purposes, requires additional special instructions to be added to the statutory power.
Before leaving on vacation, place all legal documents in a safe location and ensure that the necessary persons have access. Then relax and enjoy your vacation!
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
Smoke continues to clear from county air basin; remains in ‘good’ category for weekend
LAKE COUNTY, Calif. – Officials said Friday that Lake County’s air quality continues to improve after days of clogging wildland fire smoke, with the weekend forecast showing air quality to be in the “good” category.
Lake County Air Quality Management District, which issued the Friday update, also advised that community members should remain cautious due to the ability for conditions to change rapidly.
The district said testing shows that ozone and particulate levels remain below the state and federal health-based standards.
The Mill Fire in the Colusa County portion of the Mendocino National Forest has sent a cloud of smoke high above the horizon, with that smoke filling the air basin earlier this week.
Both Lake County and neighboring Mendocino County issued air quality alerts earlier in the week because of the smoke, and the East Park Reservoir in Colusa County also was closed to recreation activities in part because of air conditions.
The local air district said the improved conditions seen in the latter part of the week resulted from firefighting efforts and sustained westerly transport winds.
Smoke impacts in Lake County are likely through the weekend as east winds are forecast for parts of Saturday and Sunday, the district reported.
While officials don’t anticipate unhealthy air quality throughout Lake County, localized pockets of
heavy smoke are possible.
Strong west winds are predicted for late afternoon through early evening on both Saturday and Sunday, which will help keep Lake County’s air clear of heavy smoke, the district reported.
The Mill Fire is expected to be contained on Friday, July 20, the Mendocino National Forest reported.
Gov. Brown directs additional firefighting resources to wildfires
Gov. Jerry Brown has directed additional state resources deployed to assist in fighting wildfires burning throughout Northern California.
Significant fires are burning in three Northern California counties – Placer, Trinity and Colusa counties and have burned over 30,630 acres, destroyed at least five structures and displaced hundreds of residents.
A highly trained Cal Fire Incident Management Team is now coordinating the attack on the 1,300-acre “Robbers Fire” in Placer County.
The wildfire is burning three miles northwest of the community of Foresthill and was only 10 percent contained as of early Saturday morning. Officials say 170 residences are threatened and 1,626 personnel are assigned to try and get the upper hand on the fire.
“We’ve had a brief reprieve from large fire activity the last two years,” said Chief Ken Pimlott, director of Cal Fire. “But the exceptionally dry winter has set the stage for a more active fire season this year and we’re seeing fire activity now that we would typically not see until late August.”
Governor Brown also directed the California National Guard to activate five specially equipped UH-60 Black Hawk helicopters and trained guard personnel to assist state and local firefighters as well as emergency management and mutual aid resources available through the California Emergency Management Agency (Cal EMA).
“The California Military Department is supporting Cal Fire and Cal EMA to provide critical resources and personnel to protect the residents affected by these wildfires,” said Maj. Gen. David S. Baldwin, Adjutant General, California Military Department. “We are prepared to provide additional support and stand ready wherever and whenever we are needed.”
Cal EMA has deployed 23 mutual aid strike teams comprised of firefighting equipment and personnel from around the region.
A total of 150 engines and approximately 469 personnel are deployed as a part of these state-coordinated strike teams. They join hundreds more local firefighters in impacted areas.
“Our hearts go out to those impacted by these wildfires,” said Secretary Mark Ghilarducci of the California Emergency Management Agency. “We know how important it is to have a quick, coordinated response to these disasters and that’s what our team has been focused on around the clock. We’re working closely with the other agencies and keeping a close eye on the rest of the state as the hot weather and winds pose additional challenges.”
Ghilarducci stressed that residents near these wildfires should pay close attention to information and direction from local authorities in case additional evacuations are necessary.
Hillside fire burns travel trailer, shed; firefighters stop it before nearby homes damaged
NICE, Calif. – Fast action by firefighters saved several homes clustered on a steep hillside along E. Highway 20 late Friday afternoon.
Shortly before 4 p.m. Northshore Fire personnel were dispatched to 4342 E. State Highway 20 on the report of a vegetation fire with structures threatened.
Northshore Fire Battalion Chief Steve Hart was at the Nice fire station – about a mile away – when the call came in, and he and a crew were able to get on scene within about three minutes of the call.
By the time they arrived, a 16-foot travel trailer on the back of the property was involved and about a quarter-acre of moderate to heavy vegetation, according to Hart and radio reports.
Making matters worse, Hart told Lake County News that the hillside where the fire was located had a 70-percent slope and there were five homes within about 150 to 200 feet of the fire.
He said it looked like a bomb had gone off, and he feared that the fire could take all of the homes. “It was going that good.”
As a result, Hart called for a full strike team of local engines.
He said Lakeport, South Lake County Fire, Cal Fire and Williams Fire – which is in the area helping cover a local fire station – all sent engines, and a total of nearly 50 personnel were on scene.
While firefighters were working the incident the High Rock 1 Cal Fire hand crew – with 20 personnel – happened to pass through the area. They turned around and came back to help, Hart said.
“We really lucked out,” he said.
The first 30 minutes on the incident were particularly harried, with Hart pointing to difficulties accessing the site. Firefighters used the narrow and steep Hutchins Road, located off a stretch of E. Highway 20 lined by homes on both sides, to get to the fire.
It took about 40 minutes to fully contain the fire, Hart said. Mop up continued until the incident was terminated just after 6 p.m. No injuries were reported.
“The apparent cause was an electrical cord in the grass,” Hart said.
Altogether, about a third of an acre of vegetation, a wood pile, the travel trailer and a 10-foot by 20-foot shed were burned, according to Hart.
A portion of the shed was burned and the trailer was destroyed.
Hart estimated damages to be about $4,000.
Email Elizabeth Larson at
