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A decedent’s child is his or her heir, along with any surviving spouse/registered domestic partner, and as an heir may — or may not — be entitled to a portion of their deceased parent’s estate.
California law does not require a parent to include a child as a beneficiary under the parent’s estate planning.
However, in the absence of effective estate planning (that is, without executing a valid will, trust and death beneficiary forms) a child may be entitled to a portion of the deceased parent’s estate.
Estate planning documents, of course, may alter that situation. An omitted child may then choose to litigate whether they are entitled to a share of the estate.
A disinheritance clause is included in an attorney drafted will and a trust instrument to show the decedent’s intention to exclude any unintended surviving heirs, including children, from inheriting under the decedent’s will or trust.
A general disinheritance provision is legally sufficient to disinherit any heirs, even though the heirs’ names are not specifically mentioned as being disinherited (Rallo v. O’Brien (2020), 52 CA5th 997).
California law, however, does provide certain protections for surviving children who are omitted in a will or trust, but provides for much stronger protection for those omitted children who were born or adopted after the execution (signing) of the will or trust; unless such instrument was later updated after the child’s birth. That is, after born and adopted omitted children are generally entitled, unless an exception applies, to receive a share in the decedent’s estate (section 21620 of the Probate Code).
This is why people are advised to update their estate planning after the birth or adoption of a child to specifically provide for or disinherit such children.
Children who were already alive when the decedent executed their estate planning documents, however, only receive some minimal protection in California. That narrow protection only applies, “… if the decedent failed to provide for a living child solely because the decedent believed the child to be dead or was unaware of the birth, then the child shall receive a share in the estate … (Section 61622 Probate Code).”
Recently, in Carla Montgomery versus Benita Williams, the Fourth Appellate District on Aug. 24, 2024, ruled in a case where the decedent’s will only benefited the decedent’s two children from his two marriages but did not include his four other biological children, including one child, the plaintiff Carla Montgomery, whom the decedent did not even know he had fathered when he signed his will. The court found that Carla had failed to show that her biological father had failed to provide for Carla “solely because …. [the father] was unaware of her birth.”
Even though the will did not include a “Disinheritance Clause,” the court strictly interpreted section 62622.
Looking at the facts, the court held that, “Benjamin’s omission of four known pretermitted children and his naming as beneficiaries only the two children resulting from his marriage shows his intent that only those two children should receive a share of his estate.”
Regardless of whether an omitted child was born before or was born after the decedent executed the testamentary documents, an omitted child will not receive an inheritance if any of the following apply: (1) the decedent’s failure to include the child was intentional and apparent from the testamentary instrument; (2) the decedent left substantially all of their estate to the other parent of the omitted child; and (3) the decedent otherwise provided for the omitted child outside of the estate passing under the testamentary instrument and the decedent’s intention for such other gift(s) to be in lieu of an inheritance under the testamentary instrument is shown by statements of the decedent, evident from the amount of the transfer, or otherwise evident (Section 61621 Probate Code).
The foregoing each requires a facts and circumstances analysis which may lead to litigation.
The foregoing is not legal advice. Anyone confronting the issues addressed 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
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- Written by: DENNIS FORDHAM
NASA’s Chandra X-ray Observatory and other telescopes have identified a supermassive black hole that has torn apart one star and is now using that stellar wreckage to pummel another star or smaller black hole, as described in our latest press release.
This research helps connect two cosmic mysteries and provides information about the environment around some of the bigger types of black holes.
This artist’s illustration shows a disk of material (red, orange, and yellow) that was created after a supermassive black hole (depicted on the right) tore apart a star through intense tidal forces. Over the course of a few years, this disk expanded outward until it intersected with another object — either a star or a small black hole — that is also in orbit around the giant black hole. Each time this object crashes into the disk, it sends out a burst of X-rays detected by Chandra. The inset shows Chandra data (purple) and an optical image of the source from Pan-STARRS (red, green, and blue).
In 2019, an optical telescope in California noticed a burst of light that astronomers later categorized as a “tidal disruption event”, or TDE. These are cases where black holes tear stars apart if they get too close through their powerful tidal forces. Astronomers gave this TDE the name of AT2019qiz.
Meanwhile, scientists were also tracking instances of another type of cosmic phenomena occasionally observed across the Universe. These were brief and regular bursts of X-rays that were near supermassive black holes. Astronomers named these events “quasi-periodic eruptions,” or QPEs.
This latest study gives scientists evidence that TDEs and QPEs are likely connected. The researchers think that QPEs arise when an object smashes into the disk left behind after the TDE. While there may be other explanations, the authors of the study propose this is the source of at least some QPEs.
In 2023, astronomers used both Chandra and Hubble to simultaneously study the debris left behind after the tidal disruption had ended. The Chandra data were obtained during three different observations, each separated by about 4 to 5 hours. The total exposure of about 14 hours of Chandra time revealed only a weak signal in the first and last chunk, but a very strong signal in the middle observation.
From there, the researchers used NASA’s Neutron Star Interior Composition Explorer (NICER) to look frequently at AT2019qiz for repeated X-ray bursts. The NICER data showed that AT2019qiz erupts roughly every 48 hours. Observations from NASA’s Neil Gehrels Swift Observatory and India’s AstroSat telescope cemented the finding.
The ultraviolet data from Hubble, obtained at the same time as the Chandra observations, allowed the scientists to determine the size of the disk around the supermassive black hole. They found that the disk had become large enough that if any object was orbiting the black hole and took about a week or less to complete an orbit, it would collide with the disk and cause eruptions.
This result has implications for searching for more quasi-periodic eruptions associated with tidal disruptions. Finding more of these would allow astronomers to measure the prevalence and distances of objects in close orbits around supermassive black holes. Some of these may be excellent targets for the planned future gravitational wave observatories.
The paper describing these results appears in the October 9, 2024 issue of the journal Nature. The first author of the paper is Matt Nicholl (Queen’s University Belfast in Ireland) and the full list of authors can be found in the paper, which is available online at: https://arxiv.org/abs/2409.02181
NASA’s Marshall Space Flight Center manages the Chandra program. The Smithsonian Astrophysical Observatory’s Chandra X-ray Center controls science operations from Cambridge, Massachusetts, and flight operations from Burlington, Massachusetts.
Learn more about the Chandra X-ray Observatory and its mission at https://www.nasa.gov/chandra and https://chandra.si.edu.
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- Written by: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
LAKEPORT, Calif. — The Lakeport City Council voted unanimously on Tuesday night in favor of the proposal to upgrade the police department’s body-worn camera system with a five-year service contract that will cost about $100,000.
The Lakeport Police Department has been using body-worn and in-car audio/video devices, often referred to as BWC and MAV, respectively, from the company Waterguard as their vendor since 2006.
Motorola Solutions Inc. acquired the company in 2019 and will “no longer support our current system,” Police Chief Dale Stoebe said in his presentation at the council meeting.
While the police department will continue to use the current MAV, it began to review upgrade options on BWC in early 2024.
This week, Stoebe proposed to the city to engage in a five-year service contract with Motorola Solutions Inc. paid in annual installments which will cost a total of $99,892.35 over five years with a first year expense at $27,728.37.
Some of the contract benefits include 12 body-worn cameras with access to evidence library services, wireless transfer hardware, and accidental damage coverage. It also includes a refresh of all BWC devices in the third year and an $8,500 credit for turning in the department’s current Waterguard devices.
The agreement does not include any new mobile audio/video, or MAV, devices — in-car cameras in the police vehicles. MAV units can be purchased separately at about $11,000 each.
Stoebe mentioned another option they had considered but dropped, also from Motorola Solutions Inc. — the city may purchase equipment and services from the company as needed instead of entering a five-year contract. That would cost $103,077.74 for wireless transfer hardware with a year-one service subscription, plus $9,000 for each new body-worn camera.
Stoebe concluded that the five-year service contract option was “the most financially prudent option.”
Stoebe acknowledged that continuing using the current MAV and BWC equipment remains an option to save costs. “However, the lifespan of both the equipment and software is uncertain,” he said, adding that it would present “significant risks” as outdated MAV and BWC systems may result in increased legal, administrative and training costs, reduced public trust and negative impact on prosecution of criminal offenses.
Mayor poses questions about proposed contract, existing equipment
After Stoebe’s presentation, Lakeport Mayor Michael Froio asked if the department’s current MAV devices are still in good shape, out of the context that the proposed contract does not include any new MAV units.
“I believe so,” Stoebe responded, explaining that unlike the MAV that stays in the car, the BWC is the “workhorse” that wears out faster as it’s “exposed to the elements” — the heat and cold, the rains and occasional snows.
“Also they are worn by an officer conducting their work and sometimes they take a fair amount of brutality in that work,” Stoebe added. “That’s why they tend to be the ones that fail first.”
“I have a smile on my face tonight so don’t worry,” Froio said. “I like your approach that you’re looking to reuse as much of the equipment as we can.”
Froio has been a firm proponent of city staff bringing multiple bids for contracts, whether it be for equipment purchases or consulting services.
He then went on to ask why Motorola Solutions Inc. appeared to be the only bid in Stoebe’s presentation. “Should we have in the future looked at other systems?” Froio asked.
“It’s not that we have not looked at other bids,” Stoebe responded.
“We have solicited both Axon and Lenslock for bids for various elements,” Stoebe said of the two other major BWC and MAV makers besides Motorola Solutions Inc.. But those bidding prices were not included in Stoebe’s presentation.
“It’s not an apples-to-apples comparison,” Stoebe said of the technology involved. “There are just a lot of complexities in presenting multiple bids.”
Stoebe also suggested that it’s better to “stay with one platform” for all devices than to have two platforms. Since the current Waterguard MAC integrates easily with Motorola Solutions,
He said that to be the best stewards of the taxpayers money, the city should continue to use the MAV equipment until it fails. Stoebe also implied that it’s best to use the BWC from the same company rather than getting it from a separate vendor.
In response to Froio’s question, Stoebe also mentioned that Axon is the leader in the industry, which is reflected in their high bidding prices — $101,183.58 just for body cameras, another $150,651 for MAVs and they require onboard computers in the police vehicles that will incur extra costs.
“You’re doing a good job,” said Froio.
Stoebe also mentioned that body-worn cameras are standard in California and “definitely a hiring and retention concern.”
The Lakeport Police Department now has 12 officers including the chief, one short of full staff, Stoebe told Lake County News later in a phone call. Two more officers are going to leave the department by the end of the year, he said.
During public comment, Lakeport Police Officers’ Association President Todd Freitas spoke against a “bifurcated system.”
“As somebody that has to respond to quite literal life and death situations, me being able to touch one thing and have all my whole system work is invaluable to having critical decision making,” Freitas said.
Email Lingzi Chen at
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- Written by: LINGZI CHEN
LAKE COUNTY, Calif. — As winds picked up across Lake County and much of the region, Pacific Gas and Electric on Thursday night proactively cut power to an estimated 20,000 Northern California customers as part of an effort to reduce wildfire danger.
The wind event that prompted the public safety power shutoff entered PG&E’s service area early Thursday afternoon and is expected to exit the area as late as Saturday afternoon.
The company said that it reduced the scope of its power shutoff from nearly 30,000 customers in 33 counties to 20,000 customers in 24 counties due to improving weather conditions.
Originally, 168 Lake County customers were supposed to be included. However, on Thursday, PG&E said that number had grown to 1,088 customers.
The shutoff had been prompted due to a forecast of high winds and low humidity. Conditions improved on Wednesday morning thanks to rainfall in the Northern and Central Sierras.
As a result, PG&E said it removed nine counties and more than 10,000 customers from the scope of this PSPS event. Counties removed from the scope of this event include Alpine, Amador, Calaveras, El Dorado, Nevada, Placer, San Luis Obispo, Sierra, and Tuolumne.
PG&E has opened two community resource centers, at Live Oaks Senior Center, 12502 Foothill Blvd. in Clearlake Oaks, and at Hidden Valley Lake Association, 19305 Donkey Hill Road. They will be open from 8 a.m. to 10 p.m. during the outage. Available resources will include ADA-accessible restrooms and washing stations; blankets, snacks and water; device charging; small medical device charging; seating; and wi-fi.
For a full list of available CRCs, visit this website.
Updates are available at https://pgealerts.alerts.pge.com/psps-updates/.
Email Elizabeth Larson atThis email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
The wind event that prompted the public safety power shutoff entered PG&E’s service area early Thursday afternoon and is expected to exit the area as late as Saturday afternoon.
The company said that it reduced the scope of its power shutoff from nearly 30,000 customers in 33 counties to 20,000 customers in 24 counties due to improving weather conditions.
Originally, 168 Lake County customers were supposed to be included. However, on Thursday, PG&E said that number had grown to 1,088 customers.
The shutoff had been prompted due to a forecast of high winds and low humidity. Conditions improved on Wednesday morning thanks to rainfall in the Northern and Central Sierras.
As a result, PG&E said it removed nine counties and more than 10,000 customers from the scope of this PSPS event. Counties removed from the scope of this event include Alpine, Amador, Calaveras, El Dorado, Nevada, Placer, San Luis Obispo, Sierra, and Tuolumne.
PG&E has opened two community resource centers, at Live Oaks Senior Center, 12502 Foothill Blvd. in Clearlake Oaks, and at Hidden Valley Lake Association, 19305 Donkey Hill Road. They will be open from 8 a.m. to 10 p.m. during the outage. Available resources will include ADA-accessible restrooms and washing stations; blankets, snacks and water; device charging; small medical device charging; seating; and wi-fi.
For a full list of available CRCs, visit this website.
Updates are available at https://pgealerts.alerts.pge.com/psps-updates/.
Email Elizabeth Larson at
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- Written by: Elizabeth Larson