How to resolve AdBlock issue? 
News
- Details
- Written by: Dennis Fordham
In California, when a person has been missing for a continuous period of five years or more, the surviving spouse, registered domestic partner, certain family members, and creditors can file a petition in the missing person’s last known county of residence to obtain a determination that the missing person is “presumed dead.”
What then is involved with successfully file such a “missing person” petition?
Section 12404 of the California Probate Code requires the petitioner to state the following: The last known residence the last known address of the missing person; the time and circumstances when the missing person was last seen or heard from; that the missing person has not been seen or heard from for a continuous period of five years by the persons likely to have seen or heard from the missing person and that the missing person’s whereabouts are unknown to those persons and the petition; and a description of the search or the inquiry concerning the whereabouts of the missing person.
Whether the court grants the petition depends most heavily on whether or not the court is satisfied that it has sufficient evidence from your search or inquiry to determine that the person is presumed dead.
Evidence that the missing person is presumed dead can include affidavits and depositions of persons likely to have seen or heard from or know the whereabouts of the missing person, based on section 12406(a) of the Probate Code.
If necessary, the court may require the search or inquiry to be made in any further manner that it considers advisable.
That could include publishing a request for information as to the missing person’s whereabouts in any newspaper or periodical, notifying appropriate law enforcement and public agencies of the disappearance, and hiring an investigator.
Such costs are paid from the missing person’s estate, if funds are available, and otherwise may have to be paid by the petitioner, according to section 12406(b) of the Probate Code.
If the court determines that the person is presumed dead, section 12407 of the Probate Code requires the court must both appoint a personal representative of the deceased missing person’s estate and determine the date of the missing person’s death.
At this point forward, the administration of the deceased missing person’s probate estate is administered in the same manner as any other deceased person’s estate.
Assets held in the presumed deceased person’s trust would be separately administered by the successor trustee.
Lastly, if after the distribution of the estate, the presumed deceased person reappears alive then he or she has five years from the time of such distributions to recover property from the persons who received such property.
The missing person’s right of recovery is limited by what is fair under the circumstances and also by the legal fees, costs and expenses incurred associated with the administration of the presumed deceased person’s estate prior to his or her reappearance.
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
Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .
- Details
- Written by: Elizabeth Larson
The highways in questions, Highway 29 and Highway 175, are the locations of two rubberized chip seal projects that have many south county residents up in arms due to safety and quality concerns.
The projects, totaling $2.1 million, are located along 12 miles of Highway 29 from the Lake/Napa County lines to the Coyote Creek Bridge and 8.5 miles on Highway 175 from Cobb to Middletown.
Caltrans and local officials – along with representatives of the contractor, International Surfacing Systems of West Sacramento – held a public meeting Oct. 12 to address those concerns, a gathering which Supervisor Jim Comstock organized, as Lake County News has reported.
On Thursday Caltrans spokesman Phil Frisbie issued a report that explained that the paint for final striping on the roads has been tested and certified, which should allow all of the striping – including crosswalks – to be completed by the end of this month, weather permitting.
Comstock said reflectors were put down on the chip sealed highway portions on Wednesday, and the piano key-style crosswalks throughout downtown Middletown were being painted Thursday.
A white substance had been visible pooling on the sides of Highway 29 last Sunday during a rain shower. Frisbie said it was temporary paint markings – put down to show where permanent markings belonged – that washed off, although Comstock said he saw the substance in areas where no temporary markings had been placed.
Comstock said during the recent rain he saw a lot of water on the newly resurfaced roadways. “That's not going to increase traction when you have standing water.”
Concerns brought by local residents at the Oct. 12 meeting included the rough, 1/2-inch aggregate chip seal being put down over recently paved areas at the Hidden Valley Lake entrance and the entrance to Twin Pine Casino.
Frisbie said loose aggregate that collected in the highway's centerline rumble strip has been removed with vacuum sweepers. Work to smooth areas on Highway 29 near Twin Pine Casino and Butts Canyon Road are scheduled to be completed by mid-November, he added.
Caltrans District 1 Director Charlie Fielder told community members at the Oct. 12 meeting that the project areas would be repaved late next spring or early summer. His deputy director, Mark Suchanek, said the road work would resemble the new paving on Highway 29 outside of Lakeport.
Frisbie's Thursday report held to that time frame from the updated paving.
Caltrans also plans to have an open house next spring prior to the new road construction in order to present the projects to the community, Frisbie said.
Instead of an open house, “We'd rather have a pavement truck,” said Comstock.
Comstock said he's still getting feedback about the Oct. 12 meeting.
“People are pleased we had the meeting,” he said. “They're less than pleased with Caltrans.”
However, be believes Fielder is sincere in trying to address the community's concerns.
E-mail Elizabeth Larson at
- Details
- Written by: Lake County News reports
LAKEPORT, Calif. – Veterans Day will be celebrated at a new location this year.
Lake County veterans, their families and all supporters are invited to Konocti Vista Casino in Lakeport to celebrate those who have served our country.
This year’s keynote speaker will be Lake County District 5 Supervisor Rob Brown.
Annual past participants have included the Clear Lake High School Band, 4-H members, Sea Scouts, Lake County veteran organizations and the Military Funeral Honors Team.
The Veterans Day ceremony will include presentations of the County’s annual “Friend of the Veteran” and United Veterans Council’s “Veteran of the Year” awards.
Through the generosity of Konocti Vista Casino, a complimentary lunch will be provided to those in attendance.
Everyone is welcome to join in the celebration and honoring of our veterans.
Please join the festivities at 11 a.m. on Thursday, Nov. 11, at Konocti Vista Casino, 2755 Mission Rancheria Road in Lakeport.
For more information call 707-279-2299.
Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .
- Details
- Written by: Elizabeth Larson
The fire occurred at 3385 Hill Road, and was reported at about 1:50 p.m., according to Lakeport Fire Protection District Chief Ken Wells.
He said the fire started because of a mower that was towed behind a quadrunner. Wells said firefighters weren't yet sure if the mower hit a rock or if the quadrunner's hot exhaust ignited dry grass.
The fire ignited a small meadow, and then the blaze jumped Scotts Creek and got into some heavy brush and old down trees, according to Wells.
“It made it difficult to get to both sides, obviously,” Wells said.
Two Cal Fire hand crews were called in to help go after the fire in the brush while a Cal Fire helicopter also dropped water on the blaze, Wells said. The fire was fanned on by 7 mile per hour winds, with Wells also recording 32-percent humidity.
A structure also was in danger at one point, with the fire burning up to it, but Wells said firefighters were able to stop the blaze before it burned the building.
He said a total of three to four acres burned.
Altogether, Wells said more than 40 firefighters were on scene, along with two engines and a water tender from Lakeport, and an engine each from Northshore Fire, Kelseyville Fire and Cal Fire.
Firefighters were being released from the scene after 8 p.m., according to radio reports.
There was a small fire north of that site on Hill Road on Tuesday night, Wells said.
E-mail Elizabeth Larson at
