Those who neglect getting their affairs in order place both themselves and their loved ones in unnecessary jeopardy.

They risk putting themselves and their family either through the stress and uncertainty of deathbed estate planning, or worse yet, if nothing gets done, making their family suffer the consequences.

What are the risks?

They vary, but usually include one or more of the following issues: You die “intestate” (i.e., without a will); your estate is probated; your assets are distributed incorrectly (i.e., either to the wrong person(s) or in the wrong way); your estate goes to persons who should not inherit anything – such as persons who receive needs-based government benefits, who have debt problems, or who have other obstacles; and your estate is administered by the wrong person who does not do right by your family.

Deathbed estate planning is best avoided. Everything must be completed in a rush under great stress and uncertainty.

Let’s consider some real life scenarios.

Imagine a lady who is about to have surgery, but puts off finalizing estate planning documents because she understands that the surgery is a minor operation with little risk. Unexpectedly, complications arose due to infections, and the lady becomes comatose, does not recover, and dies.

Unfortunately the lady’s surviving husband, who was already in fragile health, takes a turn for the worse and he becomes unable to get the couple’s affairs in order due to his own diminished mental capacity.

The couple’s surviving children battle one another over control of their parents’ estate. A court supervised conservatorship becomes necessary to control the situation.

Now imagine someone with end-stage cancer about to undergo chemotherapy who delays finalizing her estate planning. During chemotherapy her health deteriorates dramatically, she loses consciousness, and is expected to live only a few more days.

Fortunately, her son has a well-drafted power of attorney giving him complete estate planning and gifting authority to get her affairs in order before she died.

He has her attorney draft all necessary gifting documents to transfer assets to the children without probate. The mother is kept alive another 24 hours to ensure that the work is completed before she dies.

Next, picture a gentleman dying of cancer in his bed without his affairs in order. He asks a close friend to find an attorney. When they meet he initially finds it uncomfortable to trust the attorney who asks him many questions.

He decides many issues all in one setting so that legal documents can be prepared the next day. Then with much effort and concentration he signs them on the third day. A few days later he dies.

Nonetheless people still choose to delay. Common reasons include: fear of dying – some people avoid estate planning because it makes them consider their mortality; procrastination – some people believe, “I always have tomorrow, why act now”; laziness – some people are not willing to gather the necessary information and documents; not necessary – some people think, “I won’t be around after I die, others can sort out my mess”; indecision – some people just cannot decide who gets what; costs – some say, “I don’t want to spend the money because I have other more immediate wants and needs.”

As the expression goes, “people don’t plan to fail, they just fail to plan.”

Neglecting one’s estate planning is failing to plan for the protection of oneself and one’s family. It is best done during times of ease rather than at the last moment in times of stress. One’s last days should not be preoccupied with estate planning.

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.

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Officials believe 3-year-old Ava Riggle, who was abducted by her father from her home in Phelan, Calif., on May 6, 2011, was spotted in the Lakeport area on Tuesday, May 24, 2011 . Courtesy photo.

LAKEPORT, Calif. – A young girl whose noncustodial father allegedly abducted her from San Bernardino County earlier this month may have been spotted in Lakeport.

Ava Rian Riggle, 3, was taken from her Phelan home by her father, Nicholas Riggle, 22, as Lake County News has reported.

Officials said Nicholas Riggle had been in Lake County in March and was believed to be back in the area, along with a woman named Marcy Gearhart, who also has reportedly used the last name Riggle.

On Thursday at approximately 2:17 p.m. a “be on the lookout” to local law enforcement officers was broadcast in response to reported sightings of Gearhart and the girl at two different locations.

Marcy Gearhart

California Highway Patrol Officer Kevin Domby studies the scene of a fatal crash that killed 29-year-old Carlos Eddie Narvaes of Nice, Calif., on Monday, May 23, 2011. Photo by Gary McAuley.

UPPER LAKE, Calif. – A single-vehicle collision Monday evening claimed the life of a local man.

Carlos Eddie Narvaes, 29, of Nice, was pronounced dead at the scene of the crash, which occurred just after 5 p.m. on Elk Mountain Road approximately 2.2 miles north of Pitney Lane, according to the California Highway Patrol.

According to a report from CHP Officer Brendan Bach, Narvaes was driving a 1991 Toyota Previa minivan southbound on Elk Mountain Road, accompanied by two small boys, ages 2 and 4.

The 4-year-old was seated in the middle seat of the second row of seats, while the 2-year-old male was seated in the left side of the third row of seats. Bach said only the 4-year-old was not wearing a seat belt.

Narvaes lost control of the minivan as it traveled into the opposing lane of traffic, exiting the west road edge and colliding with an uphill embankment, causing it to overturn, Bach said.

The minivan continued south and came to rest on its right side in the northbound lane of Elk Mountain Road and partially on the shoulder.

Narvaes was not wearing a seat belt, according to Bach.

Bach said passersby helped extricate the two little boys from the wreck.

The children, who both sustained moderate injuries, were transported out-of-county via CalStar air ambulance for medical care, Bach said.

The 2-year-old went to UC Davis Medical Center and the 4-year-old was taken to Children's Hospital & Research Center Oakland, he said.

Bach said the crash's cause is still under investigation.

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A REACH air ambulance pickups up from a landing zone near Upper Lake, Calif., on Monday, May 23, 2011. The ambulance was carrying one of two small children injured in a crash that killed 29-year-old Carlos Eddie Narvaes of Nice, Calif. Photo by Gary McAuley.

The entire Clear Lake High School teaching staff, along with Lakeport Superintendent of Schools Erin Smith-Hagberg, Clear Lake High School Principal Steve Gentry and Lake County Superintendent of Schools Wally Holbrook, gathered on Wednesday, May 25, to celebration the school's achievement of being named a 2011 California Distinguished School. Courtesy photo.

LAKEPORT, Calif. – Clear Lake High School, named a 2011 California Distinguished School earlier this spring, held a special ceremony on Wednesday, May 25, in celebration of the achievement.

The school received a Distinguished School flag and plaque from the California Department of Education that it will display with pride.

The ceremony included a special presentation from Lake County Superintendent of Schools Wally Holbrook.

Holbrook recognized the entire district, indicating that this award is a culmination of the commitment to excellence that begins in the district’s elementary schools, and continues through to the middle school and the high school.

The entire staff and student body of Clear Lake High School was congratulated for their success.

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“As the public heads out to enjoy quality time with their family and friends this holiday weekend, we want them to have fun and be safe” said CHP Commissioner Joe Farrow. “When you get in the car, make the choice to buckle up and ensure your passengers are secured as well.”

Holiday travelers will find themselves in good company: Memorial Day weekend is a Maximum Enforcement Period (MEP) for the CHP.

To help keep things safe on the roadways throughout the holiday, CHP Area offices will deploy every available officer from 6 p.m. Friday, May 27 through 11:59 p.m. Monday, May 30.

Memorial Day weekend 2010 saw a significant decrease in the number of people killed in collisions on the state’s roadways; according to CHP statistics there was a 62 percent reduction from the previous year.

During last year’s holiday weekend, 17 people were killed in crashes in California. Among those that died, 12 were vehicle occupants within CHP jurisdiction. Sadly, one third of those individuals were not wearing a seat belt at the time of the crash.

“Law enforcement would rather motorists buckle up and be safe, than have to issue a citation,” added Farrow. “Don’t put your life or the lives of your passengers at risk, insist on seat belts.”

CHP records show that during the 2010 Memorial Day weekend in Lake County, there were eight vehicle collisions, resulting in two fatalities and eight injuries.

Unsafe speed and improper turning were the main causes of the crashes that weekend, with one driving under the influence-related crash, CHP records showed.

The CHP’s holiday enforcement effort coincides with the 2011 “Click It or Ticket” seat belt campaign, which continues nationwide through June 5.

“While it’s encouraging that California’s current seat belt and child safety seat usage rates are at an all-time high,” said Farrow. “It’s the goal of law enforcement to get motorists to buckle up everyday, not just over the holiday weekend.”

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Composed of both civil and criminal enforcement teams, the Mortgage Fraud Strike Force will monitor and prosecute violations at every step of the mortgage process, from the origination of mortgage loans to the marketing of mortgage-backed securities to the investing public.

“Californians in search of the American dream all too often found a protracted personal and legal nightmare,” said Harris. “Families are losing their homes, while those who perpetrated crimes and frauds against them walk free.”

At her announcement of the new mortgage fraud unit, Attorney General Harris was joined by Mayor Antonio R. Villaraigosa, representatives from U.S. Department of Housing and Urban Development (HUD) and the Center for Responsible Lending, as well as homeowners harmed by unlawful lending, servicing and foreclosure practices.

“We will work to safeguard the homeowner at every step of the process - from origination of a loan to its securitization, and we will prosecute to the fullest extent of the law those who take advantage of trusting California families,” said Harris. “We are setting a high bar for other states and we insist that homeowners be protected, respected, and informed.”

The Mortgage Fraud Strike Force will operate out of Department of Justice offices in Los Angeles, Fresno, San Francisco and Sacramento.

Twenty-five attorneys and investigators will work together in three teams.

The consumer enforcement team will target scams in the consumer arena, including predatory lending, unfair business practices in originating loans, deceptive marketing, and loan modification and foreclosure consultant scams.

The criminal enforcement team will prosecute criminal frauds associated with the epidemic of mortgage scams, including fraudulent investment and money laundering schemes related to mortgage lending or foreclosure relief.

The corporate fraud team will target misconduct involving investments and securities tied to subprime mortgages, as well as false or fraudulent claims made to the state with respect to these securities.

Los Angeles Mayor Antonio R. Villaraigosa offered his support of the new strike force. “With nearly 10,000 foreclosures in the City of Los Angeles last year,” he said, “this strike force is certain to help countless residents and families from becoming victimized.”

“The Attorney General's authority and attention to this issue brings a critical law enforcement component to the table that will help stop the practice of predatory lending once and for all,” said Villaraigosa. “I applaud Attorney General Harris for her dedication to employing swift justice to the scam artists who prey on the residents of some of our most economically vulnerable neighborhoods.”

California has been hit hard by the foreclosure crisis, and by predators who seek to profit from the millions of Californians who are underwater in their mortgages, in foreclosure, or at risk of entering foreclosure.

Last year alone, there were foreclosure filings against 546,669 California homes. It is projected that between 2009 and 2012, a total of 2 million California homes will enter the foreclosure process. In the last year, the California Department of Justice has received thousands of complaints related to foreclosure scams, mortgage fraud, and mortgage servicing practices.

“The fingerprints of illegal activity are all over the foreclosure crisis,” said Paul Leonard, director of the California Office, Center for Responsible Lending. “The Attorney General's effort marries the need to punish bad actors for the practices that brought our economy to the brink with the need to eliminate the scam artists who have since attempted to profit from it. Given the economic damage wreaked by foreclosures in California, this initiative is very welcome news.”

Attorney General Harris has long been dedicated to prosecuting mortgage fraud. In 2009, as District Attorney of San Francisco, she launched the first stand-alone district attorney's mortgage fraud unit in California with $1.1 million from the U.S. Department of Justice.

If you are a homeowner who has been scammed, you can learn more or file a complaint online with the Attorney General's Office at http://oag.ca.gov/consumers.

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The event is sponsored as a major fund-raiser by Clear Lake Performing Arts, and all proceeds go to support the Lake County Symphony, the Youth and Junior Youth orchestras, and scholarships.

Home winemakers and brewers are urged to pour samples for the public, who will then vote for their favorites.

They may also submit samples for judging by a panel of professionals, with ribbons awarded in a wide range of varieties and styles. Details, including fees where applicable, are included on the entry forms.

The festival is open to the public at no charge and families are welcome although those wishing to taste wines and beers must purchase a commemorative wine glass, for $20, which entitles them to unlimited tastings. Proof of age will be necessary for younger attendees.

Music will be provided by the David Neft Duo and a major silent auction and raffle will also be featured, along with arts and crafts booths and commercial vendors and foods in a variety of styles.

Interested participants may check the Web site at www.homewinemakersfestival.com for information and applications, or contact Ed Bublitz at 707-277-8172 or This email address is being protected from spambots. You need JavaScript enabled to view it..

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Officials are trying to locate 3-year-old Ava Riggle, who was abducted by her father from her home in Phelan, Calif., on May 6, 2011. Courtesy photo.

LAKE COUNTY, Calif. – Officials are trying to locate an endangered missing child whose father allegedly abducted her from Southern California and may have brought her to Lake County.

Three-year-old Ava Rian Riggle was abducted from her home in Phelan in San Bernardino County May 6, according to the National Center for Missing & Exploited Children.

She was allegedly taken by her noncustodial father, Nicholas Ryan Riggle, 22. The center reported that she and her father also may be accompanied by a woman, Marcy Gearhart Riggle.

Officials said the investigation into the child's abduction has revealed that Nicholas Riggle had been in Lake County as recently as March, and that he may have brought the child back to the area. He may also be traveling to Canada.

Riggle, the woman and the child may be traveling in a 28-foot 1989 Ford Coachmen motorhome with the California license plates 2PWF894.

The vehicle is off-white with blue and burgundy stripes on the cab and “Leprechaun” painted on the door and military-type stickers on the back, according to a missing person's flyer posted on Child Quest's Facebook page.

Ava Riggle is described as a white female, with light brown hair and brown eyes, standing 3 feet 3 inches tall and weighing 50 pounds.

Her father is a white male standing 6 feet tall, with a slim build and weighing 150 pounds. He has brown hair and blue eyes, and has multiple tattoos on his neck and arms.

Marcy Riggle is described as a white female adult, with dark blonde hair that is in dreadlocks.

They also are reportedly traveling with a German short-haired dog.

If the child, her father or the vehicle are spotted in the Lake County area, call 911.

Information on the case also can be submitted to the National Center for Missing & Exploited Children, 800-843-5678.

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Nicholas Riggle is sought in connection with his alleged abduction of his 3-year-old daughter, Ava, on May 6, 2011. Courtesy photo.

Nicholas Riggle is believed to be traveling in this motorhome with Marcy Gearhart Riggle and his young daughter Ava, who he abducted on May 6, 2011. Courtesy photo.

McKenzie Paine of Velocity Video Online (www.velocityvideoonline.com) shot the video of the event, held in the square in front of the Old Courthouse Square in downtown Lakeport last Friday.

The event featured music, historical readings, a proclamation in honor of the event, and local food and community booths.

The video segments can be viewed below. They also can be found on YouTube at Velocity Video's channel, www.youtube.com/user/velocityvideo.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . 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 .

Preliminary figures gathered by the Department of Justice from the state's largest jurisdictions show that the number of homicides reported in 2010 declined by 9.6 percent from the year before.

“The decline in homicides and other violent crimes reflects the tireless efforts of our peace officers,” said Harris. “My office is committed to supporting their brave, relentless and selfless work in protecting the people of California from hardened criminals.”

The report did not calculate rates for 23 counties with a population of 100,000 residents or less, including Lake and its neighboring counties of Mendocino, Colusa and Glenn.

Overall in the larger jurisdictions, the number of violent crimes declined 6.4 percent in 2010, according to statistics compiled from 89 agencies that report about 65 percent of all crimes committed annually in California. Forcible rape declined 6 percent.

Robbery dropped 8.9 percent and aggravated assault fell 4.6 percent, Harris' office reported..

Property crimes declined 2.2 percent in 2010. Burglary dropped 0.9 percent. Motor vehicle theft declined 7.2 percent. Arson dropped 15 percent. Larceny under $400 dropped 4.9 percent. Only larceny over $400 rose, by 0.7 percent.

The 2010 figures are a preliminary update of the annual report "Crime in California 2009," which was released earlier this year. That report, which was compiled using data submitted to the Department of Justice by police and sheriffs in the state's 58 counties, showed the homicide rate in California fell in 2009 by nearly 9 percent.

A second report, “Homicides in California 2009,” provides an even more detailed analysis.

Homicides dropped from 2,143 in 2008 to 1,970 in 2009. That marked the fourth consecutive year of decline, and a numerical decline of 5 percent since 2000.

One troubling note is that the number of gang-related homicides between 2008 and 2009 increased 18 percent – to nearly 40 percent of all homicides in California where the contributing circumstances were reported.

The falling homicide rate was mirrored by the rates of other violent crimes, which dropped in every category in 2009: Robbery declined 8.6 percent; aggravated assault, 5.5 percent; and rape, 3 percent.

The majority of homicides in 2009 in the state – 70.5 percent – involved firearms. More than 84 percent of victims ages 18 to 29 were killed with guns, but just slightly more than 51 percent of victims over 40 were killed with guns.

Besides firearms, the weapons used in 2009 homicides were knives (15.1 percent); hands and feet (5.5 percent); clubs and other blunt objects (5.3 percent); rope, drugs and all other weapons (3.6 percent).

Some 35 percent of 2009 homicides, where the contributing circumstances were reported, occurred as a result of an argument. Another 8.4 percent occurred as the result of rape, burglary or robbery. Another 2.5 percent were drug related, a decrease from 3 percent in 2008.

In cases where police could determine relationships, the majority of victims were killed by friends or acquaintances. Less than 30 percent were killed by strangers, the rest by family members.

Hispanics were homicide victims far more often than whites, African Americans or members of other ethnic groups; they accounted for 46.6 percent of all homicides in 2009.

Among those arrested in 2009 for homicide, 90 percent were male and 10 percent were female. Men were victims 82.2 percent of the time; women, 17.8 percent. Females were more likely to be killed in their residences, while men were more likely to be killed on streets or sidewalks.

Gang-related homicides claimed more male victims than any other factor (46.2 percent). Domestic violence claimed more female homicide victims (41.3 percent). Homicide victims under the age of 5 overwhelmingly died as a result of child abuse (almost 90 percent).

Among the state's 35 largest counties in 2009, Monterey County had the highest homicide rate per 100,000 population (11.8), and Napa County had the lowest (0.7). Merced County had the second highest rate (10.1).

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Firefighters extinguish a small blaze that broke out on Tuesday, May 24, 2011, in Lucerne. Photo by Gary McAuley.

LUCERNE, Calif. – Firefighters quickly knocked out a fire on Tuesday morning that threatened several structures.

The fire – initially reported as two different incidents – was located on 14^th Avenue at Foothill Drive in Lucerne, according to radio reports.

It was dispatched just before 11 a.m.

Structures were threatened but a quick response by firefighters knocked the fire out before it did any harm. The size of the fire was estimated at one-half acre, based on reports from the scene.

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The latest report from the California Employment Development Department put Lake County's unemployment rate at 18.2 percent, down 1.3 percent over March and down 0.2 percent from April 2010. That's the lowest local rate since October 2010.

California's seasonally adjusted unemployment rate was 11.7 percent, down 0.6 percent from March, according to Dennis Mullins of the Employment Development Department's Labor Market Information Division. The April 2010 unemployment rate was 12.4 percent.

The number of people unemployed in California was 2,143,000 – down by 33,000 over the month, and down by 111,000 compared with April of last year, according to the report.

Nonfarm payroll jobs increased by 8,900 in March, according to data from two separate surveys the Employment Development Department uses to compile the report.

The US Bureau of Labor Statistics said the unemployment rate increased in April, rising from 8.8 percent to 9.0 percent. During that month, the agency said 39 states reported unemployment rate decreases, three states and the District of Columbia registered rate increases, and eight states had no rate change. The national unemployment rate was 9.8 percent in April 2010.

Lake's unemployment rate ranked it No. 52 among the state's 58 counties. It was ranked No. 49 in March.

The labor force in April included 24,270 people, with 4,410 unemployed. In March the workforce had 24,510 people in it 4,780 people out of work, according to state statistics.

Statewide, Marin had the lowest unemployment, 7.6 percent, and Imperial the highest, with 27.9 percent, the report showed.

Lake's neighboring counties registered the following unemployment rates and statewide ranks: Colusa, 21.1 percent, No. 56; Glenn, 16.5 percent, No. 43; Yolo, 12.8 percent, No. 26; Mendocino, 11.6 percent, No. 19; Napa, 9.6 percent, No. 8; and Sonoma, 9.8 percent, No. 10.

Among local cities and communities, Clearlake Oaks had the highest unemployment, 26.7 percent, followed by Nice, 26.1 percent; the city of Clearlake, 25.7 percent; Lucerne, 19.2 percent; Kelseyville, 18.4 percent; Middletown, 18.5 percent; city of Lakeport, 17.5 percent; Cobb, 16.2 percent; Lower Lake, 15.2 percent; Hidden Valley Lake, 15.1 percent; and north Lakeport, 14.4 percent. Upper Lake had the lowest unemployment rate, 9.5 percent.

Mullins said Lake County's industry employment increased by 130, ending the month-over period with 12,310 jobs. That's compared to just 10 jobs added in March.

Overall, Mullins said eight sectors gained or were unchanged over the month and three declined. Government employment remained down 150 jobs over the year.

He said month-over job growth occurred in manufacturing, 10; Trade, transportation and utilities, 30; leisure and hospitality, 130; other services, 10; government, 40.

Industries that reported job losses for the month included farm, 100; financial activities, 10; and professional and business services, 10, according to Mullins.

No changes were reported in mining, logging and construction; information; and private educational and health services, Mullins said.

State, federal surveys show job growth in April

Across California, nonfarm jobs in April totaled 14,054,900, an increase of 8,900 jobs over the month, according to a survey of 42,000 businesses that is larger and less variable statistically and used to measure jobs in the economy. The state said the year-over-year change – April 2010 to April 2011 – showed a 1 percent, increase or 144,400 jobs.

The federal survey of households, done with a smaller sample than the survey of employers, showed an increase in the number of employed people. That survey estimated the number of Californians holding jobs in April was 15,939,000, an increase of 37,000 from March, but down 21,000 from the employment total in April of last year.

The Employment Development Department reported that payroll employment – wage and salary jobs – in the state's nonfarm industries totaled 14,054,900 in April, a net gain of 8,900 jobs since the March survey. In March there was a loss of 14,900 jobs.

The state said six categories – mining and logging; manufacturing; trade, transportation and utilities; educational and health services; leisure and hospitality; and other services – added jobs over the month, gaining 31,400 jobs. Leisure and hospitality posted the largest increase over the month, adding 12,400 jobs.

Five categories – construction; information; financial activities; professional and business services; and government – reported job declines over the month, down 22,500 jobs. Government posted the largest decrease over the month, down 11,200 jobs, the Employment Development Department said.

The Employment Development Department said that eight industry divisions – mining and logging; construction; manufacturing; trade, transportation and utilities; information; professional and business services; educational and health services; and leisure and hospitality – posted job gains over the year, adding 210,300 jobs.

Professional and business services posted the largest gain on a numerical basis, adding 58,800 jobs, up 2.9 percent. Information posted the largest gain on a percentage basis, up by 7 percent, an increase of 29,200 jobs, the state said.

Three categories – financial activities, other services and government – posted job declines over the year, down 65,900 jobs, the state said. Of those categories, government posted the largest decline on

both a numerical and percentage basis, down by 59,200 jobs, or 2.4 percent.

The Employment Development Department reported that there were 584,141 people receiving regular

unemployment insurance benefits during the April survey week, compared with 630,829 last month and 729,211 last year.

The state said new unemployment claims edged up slightly in April, to 63,739, compared with 61,076 in March and 83,896 in April of last year.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . 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 .