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News

Registrar of Voters to begin processing absentee ballots; equipment accuracy testing planned

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Written by: Lake County News reports
Published: 13 October 2012

LAKEPORT, Calif. – The Lake County Registrar of Voters Office reported that work is set to begin next week on the processing of vote by mail – or absentee – ballots, with testing of computer equipment and software used for ballots also to take place this month.

At 8 a.m. Tuesday, Oct. 16, Registrar of Voter Diane Fridley and her staff will begin processing vote by mail ballots for the statewide Consolidated General Election on Tuesday, Nov. 6.

Fridley said the processing of the vote by mail voter ballots will continue through Election Day as well as, during the official canvass.

Counting of the official ballots will commence on Nov. 6 in the Registrar of Voters Office, Room 209 of the Lake County Courthouse, 255 N. Forbes St. in Lakeport; however, results will not be announced until after the close of the polls at 8 p.m., Fridley reported.

The official canvass will commence at 9 a.m. Wednesday, Nov. 7, and will continue daily – excluding weekends and holidays – until completed, according to Fridley.

Observers are invited to view the processing and counting of the ballots, but shall not interfere with the election process, Fridley said.

Fridley also reported that, pursuant to regulations of the California State Commission on Voting Machines and Vote Tabulating Devices, a logic and accuracy test will be conducted for the ballot tabulation computer and software to be used for the Nov. 6 election.

The test will run on Thursday, Oct. 25, at 2:30 p.m. in the Registrar of Voters Office. All interested persons are invited to observe this test.

Space News: The Orionid Meteor Shower

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Written by: Dr. Tony Phillips
Published: 13 October 2012

Usually, waking up before sunrise is a good way to get a head start on the day.

On Oct. 21, waking up early could stop you in your tracks.

Blame Halley’s Comet. Every year in mid- to late October, Earth passes through a stream of dusty debris from Comet Halley, and the predawn sky lights up with a pretty display of shooting stars.

“We expect to see about 25 meteors per hour when the shower peaks on Sunday morning, Oct. 21,” said Bill Cooke, the head of NASA’s Meteoroid Environment Office. “With no Moon to spoil the show, observing conditions should be ideal.”

Because these meteors streak out of the constellation Orion, astronomers call them “Orionids.”

“The Orionid meteor shower isn’t the strongest, but it is one of the most beautiful showers of the year,” noted Cooke.

The reason is its setting: The shower is framed by some of the brightest stars and planets in the heavens. Constellations such as Taurus, Gemini and Orion provide a glittering backdrop for the display. But that’s not all.  

This year, Venus and Jupiter have moved into position with Sirius, the Dog Star, to form a bright triangle in the eastern predawn sky.  

On the morning of Oct. 21, blazing pieces of Halley’s Comet will cut straight through the heart of this celestial triad.

To see the show, Cooke suggests going outside one to two hours before sunrise when the sky is dark and the constellation Orion is high overhead.

Lie down on a blanket with a broad view of the heavens. Although Orionids emerge from a small area near the shoulder of Orion, they will spray across the entire sky.

“Be prepared for speed,” he added. “Meteoroids from Halley’s Comet strike Earth’s atmosphere traveling 148,000 miles per hour. Only the November Leonids are faster.”

Speed is important because fast meteors have a tendency to explode. Occasionally, Orionid fireballs will leave incandescent streams of debris in their wake that linger for minutes.

Such filaments of meteor smoke twisted by upper atmospheric winds into convoluted shapes can be even prettier than the meteors themselves.

“It really is a wonderful morning to be awake,” said Cooke. “Just don’t plan on going anywhere in a hurry.”

Dr. Tony Phillips works for the National Aeronautics and Space Administration.

Estate Planning: Rights of trust contingent remainder beneficiaries

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Written by: Dennis Fordham
Published: 13 October 2012

A trust beneficiary with a future right to part or all of the remaining balance of a trust estate provided they survive the current beneficiary is called a contingent remainder beneficiary.

Before the remainder beneficiary’s future rights in the trust can vest, however, he or she must first survive the current beneficiary.

This situation can create tensions between the current and remainder beneficiaries over the use and investment of trust assets while the current beneficiary is alive.

What present rights then do contingent remainder beneficiaries have to protect their future interests in the interim while they are still waiting to inherit?

Consider, for example, a deceased husband whose trust provides lifetime benefits for his surviving second wife and also provides that at her death the remainder goes to those of his children (from his first wife) who survive her.

Here the surviving second wife is the current beneficiary and the deceased husband’s children who survive him are contingent remainder beneficiaries. That is, the children’s right to inherit depends upon their still being alive when the surviving wife later dies; at that time each child’s rights vest provided he or she is still alive.

Under California statutory law contingent beneficiaries do not have an automatic right to receive an annual trust accounting from the trustee, unless the trust provides otherwise. Nonetheless they still have important rights.

All beneficiaries, including contingent beneficiaries, have the right to request the trustee to provide them with information about the trust’s assets, liabilities, receipts (income) and disbursements (expenses) of the trust, the acts of the trustee and the administration of the trust relevant to the beneficiary’s interest, including a complete copy of the trust.

Requesting such information is a preliminary step to showing that there is a problem with the trustee’s administration. The trustee’s response or lack thereof provides the grounds for petitioning the court for relief.

A contingent beneficiary can petition the court to order an accounting, to change the trustee, and/or to instruct the trustee (or successor trustee) as to the proper administration of the trust.

Furthermore, a contingent beneficiary has standing to petition the court to recover trust property that belongs to the trust.

For example, if the trustee improperly distributes assets to himself in violation of the trust, the contingent beneficiary can petition the court to recover the assets for the trust.

The contingent beneficiary does not have to stand by idly while the current beneficiary as a self-serving trustee plunders or misuses the assets of the trust to the detriment of the contingent remainder beneficiaries.

Nonetheless, contingent beneficiaries often fail to act for a variety of reasons, such as, they lack the money to pursue legal action; they do not know their legal rights; or they believe that any court petition would trigger the trust’s “no contest” clause and forfeit their inheritance rights.

A good faith meritorious petition to remove a trustee who is improperly administering the trust, however, will not trigger a no-contest clause that includes an attempt by a beneficiary to remove the trustee.

Conflicts between current and contingent beneficiaries can sometimes be prevented, or at least lessened, by good estate planning before the benefactor dies.

Alternative estate planning approaches vary with each situation. In the above example the deceased husband might have provided some assets or rights of occupancy and/or life insurance to his second wife but left the balance of his estate to his children immediately at his death.

Alternatively, the deceased husband might have at least appointed an impartial trustee (i.e., not his wife or children) to administer his trust estate.

Lastly, a final consideration, where parties are open to compromise, is to seek qualified mediation services. This can avoid costly litigation, emotional turmoil and protracted delays in reaching an outcome.

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 This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235. Visit his Web site at www.dennisfordhamlaw.com .

Detectives arrest three and seize weapons, marijuana and cash in Thursday operation

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Written by: Lake County News reports
Published: 12 October 2012

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LAKE COUNTY, Calif. – The service of a search warrant on Thursday by the Lake County Sheriff’s Narcotics Task Force has resulted in three arrests, the seizure of 10 firearms, 181 pounds of processed marijuana and $73,220 in US currency.

During the operation, Mark Christopher Ramsey, 49, of Nice; Ricky Huie, 50, of Whitney, Calif.; and Jaime Rodriguez, 39, of Manor Pelham, New York, were arrested, according to Sgt. Steve Brooks.

Brooks said that narcotics detectives secured a search warrant on Wednesday for a residence located in the 1900 block of the Nice-Lucerne Cutoff in Nice. The following day, at approximately 8:30 a.m., they served the search warrant.  

As they approached the residence a male subject fled the area on foot, Brooks said. Detectives entered the residence where they located Ramsey and Huie, detaining both without incident.

During a search of the property detectives located and seized 215 mature marijuana plants, 660 pounds of drying marijuana and 181 pounds of processed marijuana, Brooks said.

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Narcotics detectives also located and seized six rifles, four handguns, one gram of methamphetamine, three sets of night vision monoculars, one money counter and $73,200 in US currency. Brook said most of the money was vacuum sealed in large bags.

Both Ramsey and Huie were arrested for cultivation of marijuana, possession of marijuana for sale, armed in the commission of a felony and possession of a firearm by a convicted felon. Brooks said Ramsey also was arrested for possession of methamphetamine.

While narcotics detectives were at the residence, Rodriguez arrived at Ramsey’s residence, Brooks said.

When contacted by detectives, Rodriguez attempted to drive away. Brooks said detectives were able to stop and detain Rodriguez.

A search of Rodriguez’s vehicle revealed that he was in possession of both methamphetamine and cocaine, and he was arrested for possession of a controlled substance.

Brooks said Ramsey, Huie and Rodriguez were transported to the Lake County Hill Road Correctional Facility and booked.

The Sheriff’s Narcotics Task Force can be contacted through its anonymous tip line at 707-263-3663.

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  1. Registrar of voters: Last day to register to vote in November election is Oct. 22
  2. Teen drivers at greatest risk for a collision; Oct. 20 teen driving clinic planned
  3. Lake County’s median, mean household income numbers up slightly in 2011; family numbers down
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