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News

Estate Planning: Holding personal property in further trust

Dennis Fordham. Courtesy photo.

People have special, even valuable, personal property that they wish to hold in further trust after they die for the benefit of their family.

Examples include paintings, books, tools, guns and vehicles.

How are such items legally controlled and managed to achieve the owner’s intended purpose(s) after the owner’s death?

Also, who gets to make discretionary decisions when foreseen and unforeseen situations arise that necessitate such decisions to be made?

When will the trust terminate and how will the assets be distributed (or sold)? Let’s discuss.

Consider a person who is a professional artist and wants to keep his valuable artwork (paintings) and art book collections in further trust for his grandchildren, who have artistic talents.

Second, consider a mechanic who wants to keep his special tradesman tools for shared use by his two children (also mechanics).

Third, consider a hunter who wants to keep his hunting rifles for his children.

Lastly, consider a person who owns one or more collectible vehicles (e.g., a Ford Model T) that he brings to car festivals.

In each example, the owner sees the value in not selling such valuables immediately or giving them to one family member but instead wants them kept for the shared use by certain relatives.

In California, a trust can hold assets for up to 90 years after the death of the settlor or owner.

At death, the trust is irrevocable and cannot be amended unless another person is given a power of revocation or amendment. The terms of the trust must be carried out strictly according to its own terms. Such terms can give discretion to the trustee or another person.

The trust assets are assigned and titled (if title and/or registration are involved) in the name of the trustee. The trustee controls and manages the custody and the use of the trust assets. How trust assets are allowed to be used vary according to the assets involved and the settlor’s intentions.

For example, the paintings might be held as a single collection at a specific location (like an art studio), to be sold gradually and the sale proceeds distributed to help pay higher education expenses of the trust beneficiaries (e.g., grandchildren).


Next, when foreseen and unforeseen situations arise that required discretionary decisions to be made, the trust may either authorize the trustee to use his or her own judgment or else, under recent California law, may appoint a trust director to make such discretionary decisions.

The trust will provide the trust director with a power of direction (authority) to direct the directed trustee — with custodial control and administrative duties respecting the trust assets — when decisions are made that are within the scope of the trust director authority.

For example, the trust director may have authority to direct the sale of paintings and authority to direct the use of the sale proceeds.

The directed trustee is required to follow such directions unless to do so would be a willful breach of the trustee’s own duty to the settlor and to the beneficiaries.

For example, if the trust director were to direct that the paintings be sold for well below their value then the directed trustee may see this as a willful breach of trust and petition the court for instructions on whether to obey such direction.

Lastly, the personal property trusts will say when the trust terminates and what then happens to the trust assets.

For example, the art trust may terminate when the last painting is sold and the sale proceeds fully distributed for the education of the grandchildren. The conditions for trust termination vary with the type of assets administered and the trust’s purpose. The trust, of course, will say whether assets are sold and who receives the trust assets or their sale proceeds.

The foregoing discussion is not legal advice. Consult a qualified attorney for guidance.

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.
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Written by: DENNIS FORDHAM
Published: 04 October 2024

Space News: Nuclear rockets could travel to Mars in half the time − but designing the reactors that would power them isn’t easy

 

Nuclear-powered rockets could one day enable faster space travel. NASA

NASA plans to send crewed missions to Mars over the next decade – but the 140 million-mile (225 million-kilometer) journey to the red planet could take several months to years round trip.

This relatively long transit time is a result of the use of traditional chemical rocket fuel. An alternative technology to the chemically propelled rockets the agency develops now is called nuclear thermal propulsion, which uses nuclear fission and could one day power a rocket that makes the trip in just half the time.

Nuclear fission involves harvesting the incredible amount of energy released when an atom is split by a neutron. This reaction is known as a fission reaction. Fission technology is well established in power generation and nuclear-powered submarines, and its application to drive or power a rocket could one day give NASA a faster, more powerful alternative to chemically driven rockets.

NASA and the Defense Advanced Research Projects Agency are jointly developing NTP technology. They plan to deploy and demonstrate the capabilities of a prototype system in space in 2027 – potentially making it one of the first of its kind to be built and operated by the U.S.

Nuclear thermal propulsion could also one day power maneuverable space platforms that would protect American satellites in and beyond Earth’s orbit. But the technology is still in development.

I am an associate professor of nuclear engineering at the Georgia Institute of Technology whose research group builds models and simulations to improve and optimize designs for nuclear thermal propulsion systems. My hope and passion is to assist in designing the nuclear thermal propulsion engine that will take a crewed mission to Mars.

Nuclear versus chemical propulsion

Conventional chemical propulsion systems use a chemical reaction involving a light propellant, such as hydrogen, and an oxidizer. When mixed together, these two ignite, which results in propellant exiting the nozzle very quickly to propel the rocket.

A diagram showing a nuclear thermal propulsion system, with a chamber for hydrogen connected to several pumps, a reactor chamber and a nozzle that the propellant is ejected from.
Scientists and engineers are working on nuclear thermal propulsion systems that would take hydrogen propellant, pump it into a nuclear reactor to generate energy and expel propellant out the nozzle to lift the rocket. NASA Glenn Research Center

These systems do not require any sort of ignition system, so they’re reliable. But these rockets must carry oxygen with them into space, which can weigh them down. Unlike chemical propulsion systems, nuclear thermal propulsion systems rely on nuclear fission reactions to heat the propellant that is then expelled from the nozzle to create the driving force or thrust.

In many fission reactions, researchers send a neutron toward a lighter isotope of uranium, uranium-235. The uranium absorbs the neutron, creating uranium-236. The uranium-236 then splits into two fragments – the fission products – and the reaction emits some assorted particles.

Fission reactions create lots of heat energy.

More than 400 nuclear power reactors in operation around the world currently use nuclear fission technology. The majority of these nuclear power reactors in operation are light water reactors. These fission reactors use water to slow down the neutrons and to absorb and transfer heat. The water can create steam directly in the core or in a steam generator, which drives a turbine to produce electricity.

Nuclear thermal propulsion systems operate in a similar way, but they use a different nuclear fuel that has more uranium-235. They also operate at a much higher temperature, which makes them extremely powerful and compact. Nuclear thermal propulsion systems have about 10 times more power density than a traditional light water reactor.

Nuclear propulsion could have a leg up on chemical propulsion for a few reasons.

Nuclear propulsion would expel propellant from the engine’s nozzle very quickly, generating high thrust. This high thrust allows the rocket to accelerate faster.

These systems also have a high specific impulse. Specific impulse measures how efficiently the propellant is used to generate thrust. Nuclear thermal propulsion systems have roughly twice the specific impulse of chemical rockets, which means they could cut the travel time by a factor of 2.

Nuclear thermal propulsion history

For decades, the U.S. government has funded the development of nuclear thermal propulsion technology. Between 1955 and 1973, programs at NASA, General Electric and Argonne National Laboratories produced and ground-tested 20 nuclear thermal propulsion engines.

But these pre-1973 designs relied on highly enriched uranium fuel. This fuel is no longer used because of its proliferation dangers, or dangers that have to do with the spread of nuclear material and technology.

The Global Threat Reduction Initiative, launched by the Department of Energy and National Nuclear Security Administration, aims to convert many of the research reactors employing highly enriched uranium fuel to high-assay, low-enriched uranium, or HALEU, fuel.

High-assay, low- enriched uranium fuel has less material capable of undergoing a fission reaction, compared with highly enriched uranium fuel. So, the rockets needs to have more HALEU fuel loaded on, which makes the engine heavier. To solve this issue, researchers are looking into special materials that would use fuel more efficiently in these reactors.

NASA and the DARPA’s Demonstration Rocket for Agile Cislunar Operations, or DRACO, program intends to use this high-assay, low-enriched uranium fuel in its nuclear thermal propulsion engine. The program plans to launch its rocket in 2027.

As part of the DRACO program, the aerospace company Lockheed Martin has partnered with BWX Technologies to develop the reactor and fuel designs.

The nuclear thermal propulsion engines in development by these groups will need to comply with specific performance and safety standards. They’ll need to have a core that can operate for the duration of the mission and perform the necessary maneuvers for a fast trip to Mars.

Ideally, the engine should be able to produce high specific impulse, while also satisfying the high thrust and low engine mass requirements.

Ongoing research

Before engineers can design an engine that satisfies all these standards, they need to start with models and simulations. These models help researchers, such as those in my group, understand how the engine would handle starting up and shutting down. These are operations that require quick, massive temperature and pressure changes.

The nuclear thermal propulsion engine will differ from all existing fission power systems, so engineers will need to build software tools that work with this new engine.

My group designs and analyzes nuclear thermal propulsion reactors using models. We model these complex reactor systems to see how things such as temperature changes may affect the reactor and the rocket’s safety. But simulating these effects can take a lot of expensive computing power.

We’ve been working to develop new computational tools that model how these reactors act while they’re starting up and operated without using as much computing power.

My colleagues and I hope this research can one day help develop models that could autonomously control the rocket.The Conversation

Dan Kotlyar, Associate Professor of Nuclear and Radiological Engineering, Georgia Institute of Technology

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

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Written by: Dan Kotlyar, Georgia Institute of Technology
Published: 04 October 2024

Yuba Community College District doesn’t file appeal of labor decision; union plans Oct. 10 protest over lack of contract

LAKE COUNTY, Calif. — The Yuba Community College District has not gone forward with filing an appeal of an administrative law judge’s July ruling that the district violated labor law and workers’ rights in its negotiations with district faculty.

The district’s failure to file the appeal means the decision by the Public Employment Relations Board, or PERB, stands.

Chancellor Dr. Shouan Pan had indicated that the district was looking at an appeal, but it was required to have been filed by Sept. 16.

Pan told Lake County News in an email that the district decided not to appeal the administrative law judge’s decision.

“This means that we are in negotiations with the Faculty Union on a new agreement on this issue for the new contract,” Pan wrote.

Dr. Travis Smith, president of the Faculty Association of the Yuba Community College District, said the district’s decision to not appeal is not a concession.

“Everyone knows, even district leadership, that the district overreached and acted illegally when it tried to unilaterally do away with the full-time faculty’s right of first refusal, a right we have held for around 30 years,” Smith said in an email response to questions from Lake County News about the district not pursuing the appeal.

“An appeal would have generated the same result: The district wasting more money on lawyers and delaying the ratification of a fair contract. I’ll add that the right of first refusal is good for the colleges and students, something the District is having a hard time comprehending,” Smith said.

PERB found that the district violated the Educational Employment Relations Act by eliminating the right of first refusal.

In doing so, PERB said the district changed the procedure for assigning classes to full-time faculty without affording the Faculty Association of the Yuba Community College District adequate notice and opportunity to bargain the decision or effects of the change, as Lake County News has reported.

PERB ordered the district to take corrective actions including ceasing its existing procedures for course assignments and interfering with the association’s representation rights.

The district also was supposed to rescind its Sept. 1, 2022, elimination of the right of first refusal and reinstate previous procedures within 30 days of the ruling; bargain in good faith with the association over the relevant articles of the collective bargaining agreement; and compensate the association and affected employees for any losses incurred as a result of the violations, with interest.

Smith said the district was late in complying with a portion of the PERB ruling.

“The district was required to post both physically and digitally public statements sharing with the YCCD community the District’s obligations after losing the case,” Smith said.

The postings were supposed to be made by Sept. 16. However, Smith said the district did not post them until this week.

“Our hope is that the district will adhere to the other legal remedies expressed in the PERB ruling without delay,” Smith said.

As the situation between the district and faculty continues to unfold, the union is planning a public protest on Thursday, Oct. 10, at the cafeteria at the Yuba College campus, located at 2088 N. Beale Road in Marysville, to demand a fair contract from the district.

The faculty union said its members — among the lowest-paid community college educators in the state — have waited for a new contract for nearly three years as their health care costs have nearly doubled and class sizes have risen while the district has “wasted an egregious amount of money on failed litigation” to strip union faculty of long-held rights and delay contract negotiations.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
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Written by: Elizabeth Larson
Published: 04 October 2024

Lake County Probation Department to host Resilient Re-entry event

LAKE COUNTY, Calif. — The Lake County Probation Department, in collaboration with the Lake County Campus of Woodland Community College, is set to host the Resilient Re-entry event on Friday, Oct. 11.

It will take place from 10 a.m. to 4 p.m. at the college campus, 15880 Dam Road Extension, Clearlake.

This event will offer various resources and services tailored to justice-involved individuals, including record expungement, information on college education opportunities and free tattoo removal services.

It will feature four inspirational keynote speakers who have successfully transitioned from incarceration to leading fulfilling lives.

The speakers include Randall Cole, an accomplished author and substance abuse counselor; Caressa Smith, the dedicated manager of the Hope Center and a passionate advocate for second chances; Jennifer Nauert, a substance abuse disorder counselor holding a master's degree from Cal Poly Humboldt; and Elizabeth Quiroz, a distinguished author, co-founder of the Redemption House, and a master's candidate in Social Justice and Human Rights at Arizona State University.

Also scheduled to take part are Lake County Chief Probation Chief Wendy Mondfrans, Mark Taylor of Project Rebound, Megan Berger of Redemption House, Lake County Behavioral Health outreach and prevention specialist Richie Occhino, Board of Supervisors Chair Bruno Sabatier and Lake County Public Defender Ray Buenaventura.

There also will be a panel of individuals with lived experiences talking about their journeys plus recovery scholars from Mendocino College and Woodland College.

The event will also be the grand opening of the Lake County Probation Mobile Services Unit. The funding for the vehicle was provided through a grant from the Board of State and Community Corrections.

The vehicle offers justice-involved individuals who are homeless an opportunity to connect with Probation resources where they are, including attending court by Zoom and attending classes. Those in attendance will be able to tour the van.

For more information about the event, follow it on Facebook at Lake County CA Probation or contact Assistant Chief Probation Officer Meredith Noyer 707-262-4285.
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Written by: Lake County News reports
Published: 04 October 2024
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