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Maintaining one’s separate property’s identity is important because at death or divorce it belongs to that one spouse alone. Assets acquired prior to marriage, or received as a gift or inheritance during marriage, are separate property, unless co-mingled and transmuted into community property.
Community property, however, belongs equally to both spouses. It is divided 50-50 at death or divorce. Everything acquired during marriage, particularly marital earnings, is presumed to be community property.
When significant separate property is involved, there are multiple concerns with using a single joint trust.
First, including separate property in a single trust with community property and/or the other spouse’s own separate property, risks losing the separate character of these assets.
The separate property might be sold and the proceeds co-mingled with community property or the other spouse’s separate property. It will be difficult, or impossible, to distinguish the proceeds from the original separate property.
Second, assets in a joint trust will usually be managed by both spouses while they are alive and competent, and thereafter their children or beneficiaries.
That may not be desirable for separate property. The spouse with the separate property may not want to share control and management of the separate property with the other spouse. Also, and more worrisome, is that the stepchildren may later manage the separate property when both spouses are no longer able to manage their affairs.
Third, the surviving spouse, if left in charge of the separate property, may consume the separate property before using their own property – to the detriment of the children of the spouse owning the separate property.
What are the solutions?
The best solution, when substantial separate property assets are concerned, is to create two separate trusts to hold each spouse’s separate property estate. If necessary, a joint trust may be established to hold “community property” assets.
Alternatively, the separate property assets may be held a common trust but be controlled by a “special trustee” appointed by the spouse owning the separate property. Initially that spouse would be the special trustee.
The successor special trustee, who steps in at disability and/or death, would be that spouse’s own children or beneficiaries. The trust would say how the separate property is to be used for the benefit of the contributing spouse, the other spouse, and the children.
Protecting their children, as well as themselves, motivates people to ensure that their separate property is maintained as such, is separately managed, and is separately distributed at death (and not co-mingled with the other spouse’s estate).
Whether to use a separate property trust or use a common trust with a special trustee(s) in charge of separate properties, entails examination of individual circumstances such as the nature of the assets, the size of estate, and the quality of familial relationships involved.
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 storms, which began earlier this week, have turned out to be good news for the county's water supply, with creeks and Clear Lake all noting measurable improvements, according to US Geological Survey gauges stationed around the county.
Clear Lake was reported at 2.72 feet Rumsey late Thursday, having risen from below 1.0 foot Rumsey less than a week ago, the USGS reported.
Traveling along county roads proved challenging in some parts of the county, particularly the Cobb area, which continued to get snow on Thursday. Lake County Public Works reported that chains were required on all county maintained roads in Cobb.
One reader reported that on Thursday morning motorists traveling along Highway 175 between the Cobb school and Loch Lomond were sliding sideways on the road and blocking traffic because they lacked chains or four-wheel drive capability on their vehicles.
The California Highway Patrol reported a jacknifed truck that blocked the roadway between Loch Lomond Road and Harrington Flat Road at around 9:30 a.m. on Highway 175 in the Cobb area, with eight other vehicles reported stuck due to snowy conditions. Over an hour later the road was reopened.
During the course of the day the county's roads department responded to the Cobb area, where they plowed the roads and put down sand.
Throughout the rest of the day, reports would continue to come in about vehicles stuck in the snow or trees down across roadways in the Cobb area, according to the CHP. A noninjury solo vehicle collision reported just before 3:30 p.m. had a vehicle dangling over the embankment on Bottle Rock Road, three miles from Kelseyville.
Other roadway trouble spots around the county on Thursday included Scotts Valley Road near Lakeport, closed between Highway 20 and Laurel Dell Road due to flooding; Rose Anderson Road, from Maria Vista Road to Van Dorn Reservoir Road in the Middletown area, closed due to a downed power pole and lines; and Douglas Terrace in Lucerne, closed because of a downed tree and power lines, according to the roads department.
Snow was reported falling in the Bartlett Springs and Elk Mountain Road areas, where roads were open. However, county officials urged anyone traveling in those areas to have chains and four-wheel drive.
Also on Thursday, power outages continued in Cobb.
Jana Morris, a spokesperson for Pacific Gas & Electric Co., reported that two separate outages affecting nearly 700 customers were reported at about 2:30 p.m.
Both outages appeared to be storm related, Morris said. Power was restored later in the evening.
To see some of Thursday's snow fall in Cobb, see area resident Roger Kinney's video at www.youtube.com/watch?v=H_grz-TEjFI .
E-mail Elizabeth Larson at
SONOMA COUNTY – A Santa Rosa man who disappeared from work last week appears to have gone missing on his own, and now is wanted on embezzlement charges, law enforcement officials reported late Thursday.
Bryan William Scobey, 35, is no longer considered a missing person, but Sonoma County Sheriff's detectives are actively seeking him for allegedly embezzling company property – including a pickup truck – from his employer, Hitmen Termite & Pest Control Inc., according to Sgt. Tim Duke.
Duke said a male subject told authorities that he had driven Scobey to Reno, Nev.
The latest information in the case follows a week of exhaustive work both by authorities and Scobey's friends, who started Facebook and MySpace pages, and even launched a Web site, www.findbryan.com , to help find him. On Thursday, nearly 2,000 people had signed up to be Scobey's friend on Facebook.
His friends also had raised money to hire a private investigator, but Randy Hill and Bob Ramme, who led the effort, reported on the Facebook page Thursday that they were suspending the private investigator.
Late Thursday, Scobey's friends on Facebook shared different reactions, from disbelief to relief that he is alive. Many also were preparing to offer him support and encouragement for when he returns, as well as offering to raise money to assist Scobey's wife and three stepchildren.
Duke said that at approximately 5:21 p.m. Jan. 13 the Sonoma County Sheriff's Office was contacted by a concerned representative of Hitmen Termite & Pest Control Inc. who wanted to check on the welfare of Scobey, one of their employees. Scobey had reportedly worked for the company for several years.
The Hitmen representative reported to the sheriff's office that the company's vehicle assigned to Scobey, a pickup truck, was last known to be in the area of Freemont Drive and Burndale Road in Sonoma.
Several deputies were summoned to check the area in an attempt to locate Scobey or his company vehicle, Duke said. The Sonoma County Sheriff's Office helicopter, “Henry-1,” assisted in the search.
During the intensive four-hour search for Scobey, several law enforcement resources were utilized in an attempt to locate him and his vehicle, Duke said.
The company vehicle Scobey was assigned had a global positioning satellite (GPS) device installed. The GPS company was contacted and was able to establish the last known location of the vehicle and time the GPS stopped functioning, which was at 8:39 a.m. Jan. 13. The area was checked but neither Scobey nor the company vehicle was located.
Scobey had a company cell phone, Duke said. The cell phone carrier was contacted and revealed the last phone call made from Scobey's phone occurred at 8:49 a.m.
Duke said it was apparent that the GPS and cell phone, both belonging to the company, had been disabled. Preliminarily, it was unknown if Scobey or another source disabled the devices.
Authorities deemed Scobey's disappearance suspicious and it subsequently became a missing person's case, the investigation of which was delegated to detectives in the Sonoma County Sheriff's Violent Crimes Unit, Duke said.
Detectives continued to use existing law enforcement resources and implemented additional resources in an attempt to locate Scobey and his company vehicle, Duke said.
Investigative leads took detectives to the city of Yreka, in Siskiyou County. Detectives worked with local law enforcement authorities and ascertained that Scobey arrived in Yreka on Jan. 13. He allegedly stopped in Yreka on his way to Portland, Ore. – which is listed as his birthplace on his MySpace page.
Scobey was traveling by himself, driving the company vehicle, and appeared to be in good health, according to the report.
While in Yreka, Scobey ran out of money. Duke's report said that Scobey allegedly sold tools and other items off the company vehicle that belong to Hitmen Termite & Pest Control Inc.
On the night of Friday, Jan. 15, Scobey allegedly befriended what Duke called “an unwitting subject” to drive him to Reno. The subject agreed, and in exchange for driving Scobey to Reno, Scobey told the man that he could keep the Hitmen Termite & Pest Control vehicle.
Scobey is being sought for embezzlement of a company vehicle and items that he took and sold without the permission of his employer, Duke said.
Duke said that the Hitmen truck was located and will be returned to the company. Several tools and other items Scobey allegedly sold or bartered have also been recovered.
Anyone with information on the case should contact the Sonoma County Sheriff's Office at 707-565-2511.
Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .
LAKE COUNTY – Heavy rains and even snow created challenges for residents around Lake County on Wednesday.
The rains, which had begun over the weekend, continued in steady fashion over many parts of the county Wednesday, with local creeks running fast after swelling with runoff.
County Roads Superintendent Steve Stangland, already shorthanded due to staff illnesses and vacations that already were scheduled, was trying to concentrate his crews on populated areas of the county, including Lucerne, where water was pooling on roadways and clogging drainages.
In Clearlake Oaks, road crews continued to deal with a collapsed retaining wall at Beryl Way, Stangland said.
Stangland also had his crews ready to respond with snow plows to the more remote areas of the county, including Bartlett Springs and Elk Mountain, where snow had fallen.
Snow plus more hail also hit the Cobb area, which has been hammered by all manner of storms this week.
Area resident Roger Kinney reported that Cobb once again saw thunder and lightning on Wednesday. Earlier in the week the thunder and lightning had been so fierce in his area, at 3,000 feet elevation, that it had set off his wife's car alarm. He said it snowed late into the night there.
Numerous rock and mud slides were affecting county highways, according to the California Highway Patrol.
A slide, complete with uprooted trees, was reported on Soda Bay Road near the Ferndale Resort in the morning, the CHP reported. Later in the day, boulders “the size of a vehicle” were reported along Highway 29 at the Coyote Grade in the early afternoon.
Winds helped knock down more power lines and trees on Wednesday.
A pine tree that fell along Bottle Rock Road on Tuesday was still causing headaches for road crews a day later. Stangland said they hoped to see the portion of Bottle Rock Road Between Sulphur Creek Road and Highway 175 reopened late Wednesday.
Some utilities were affected by the storms, including AT&T services because of the Bottle Rock Road situation. Later in the day, parts of the county were affected by a Mediacom Internet service outage that lasted well over 12 hours.
Wet weather is expected to continue through the week's end, but with precipitation forecast to taper off.
E-mail Elizabeth Larson at
SONOMA COUNTY – A missing Santa Rosa man is the subject of a newly launched Web site which is dedicated to finding him.
The new site, www.findbryan.com , compiles information, articles and photos of 35-year-old Bryan Scobey, who went missing after leaving on rounds for his employer on the morning of Jan. 13, as Lake County News has reported.
Texas resident Randy Hill, a former roommate of Scobey's designed the site.
He and another Scobey friend, Bob Ramme, also are managing a Facebook page dedicated to Scobey, http://www.facebook.com/search/?q=Bryan+Scobey&init=quick#/group.php?v=wall&ref=search&gid=282451080228 .
Scobey, a 1992 graduate of Lower Lake High School, was last seen driving a white 2008 GMC Canyon Hitmen Pest Control truck with a ladder rack, bright orange extension ladder and aluminum took box. The truck features the company logo and the words “orange oil specialists” in bright orange letters. The vehicle's license plate is 8R05342.
The truck's global positioning system last put him in the area of Highways 12 and 121, but searches of the area – conducted both by officials and a dedicated group of Scobey's friends – have not turned up any signs of him.
A private investigator is now working on the case, Ramme said this week.
Scobey is a Caucasian male with an olive complexion, and is further described as being around 6 feet inch tall and 230 pounds. He is bald, has brown eyes, and a dark mustache and groomed goatee.
Anyone who sees the Hitman Termite & Pest Control Inc. truck or has information about Scobey is asked to immediately call the Sonoma County Sheriff's Office at 707-565-2121 or by dialing 911.
E-mail Elizabeth Larson at
UKIAH – Mendocino College’s nursing education program is the beneficiary of a monetary gift from Willits' Frank R. Howard Memorial Hospital, college administrators have announced.
The hospital recently gave $12,500 to the Mendocino College Foundation, according to Superintendent/President Kathryn G. Lehner.
The funds will help support the college’s nursing program, including faculty and clinical expenses for nursing students, allowing the college to continue bringing new individuals into the program.
The donation will benefit nursing students from around the region who pursue degrees in the program. The fifth graduating class, which celebrated commencement last May, included graduates from Lake County.
"Howard Memorial Hospital supports Mendocino College's efforts to provide quality medical education,” said Kevin Erich, president and chief executive officer of the hospital located in Willits. “The registered nurse education program in particular is of tremendous benefit to our local hospitals and clinics and helps to ensure access to quality medical care for years to come.''
He said the hospital was pleased to be able to help Mendocino College fulfill its educational mission with the donation.
The hospital’s governing board approved the donation following review of a recommendation from Howard Memorial Hospital’s administrative team, Erich said about the $12,500 gift.
In 2008, the College received a $10,000 donation from the hospital.
“I am so thankful that Howard Hospital continues to be dedicated to helping our program be successful,” said Mendocino College Nursing Director Barbara J. French. “Even in this dramatic economic climate they have given a great amount to the College for the nursing program.”
The contribution will be administered by the Mendocino College Foundation, the nonprofit organization that provides funding for education enhancement, staffing and program needs at the four campus centers, and student scholarships.
The foundation is beginning its 26th year of support for Mendocino College.
Echoing the nursing director’s sentiments about the hospital’s contribution, Meridith Randall, vice president of Education and Student Services at the college, said, “Howard Hospital has been one of our most generous and consistent supporters since the beginning of our nursing program. We are especially grateful for this donation during difficult financial times for the college.”
French stated that state budget cuts are affecting all programs at the college. “The school is scrambling to maintain all courses at their current levels, and nursing is no exception. It is by donations such as those from our clinical training sites that help us maintain our high standards for our nursing program.”
Sue Goff, dean of the College’s Career & Technical Education, also shares French’s appreciation for the hospital’s generosity.
“The most immediate and persistent need we have in the Mendocino Nursing Program is to support faculty positions, particularly in light of ever-shrinking state funding,” she said. “These generous donations are greatly appreciated and will assist us in continuing to admit new nursing students every year. Howard Hospital is an exemplary partner working with Mendocino College in maintaining a high quality and accessible nursing program to meet our community needs.”
The hospital’s latest contribution follows a donation from one of its employees, Registered Nurse Vicky Howard.
The Mendocino College graduate, who says she believes in giving back, had been a nursing program scholarship recipient. She and her husband Jeff made a $500 donation last fall. Vicky Howard explained at the time that she was grateful to Mendocino College for giving her a chance to earn her degree.
Mendocino College Foundation relies on contributions for providing scholarships to students and for helping it in its support for the College.
Information about the foundation, its directors, events, and giving opportunities can be found on the foundation’s Web site, http://foundation.mendocino.edu , or may be obtained by calling the foundation office at 707-467-1018.
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