Gov. Gavin Newsom announced actions the state is taking as another potentially dangerous winter storm is set to impact much of California through Wednesday.
The storm is anticipated to be brief but intense.
Lake County is under a flood watch and high wind warning through Tuesday morning.
Gov. Newsom has activated the State Operations Center in Mather to help coordinate state, local and federal response to the storm.
"Already this year, severe storms have proven to be deadly up and down California,” Newsom said. “Our state is taking this next storm seriously, and we ask all Californians to take steps now to prepare."
The governor also directed the California Governor's Office of Emergency Services, or Cal OES, to strategically preposition swift water rescue crews and other rescue personnel and equipment in multiple counties to be able to respond if needed.
According to the National Weather Service, this storm could bring significant rainfall and snow throughout much of the state, as well as potential for thunderstorms, debris flows and mudslides.
LAKE COUNTY, Calif. — Lake County Adult School has announced the success of its in-person learning program with skilled instructors, offering flexible and adaptable instruction.
“When I walk across that stage, I’ll show everyone who told me that I couldn’t, that I could,” said Faydra Perkett, a Lake County Adult School student.
The Lake County Adult School opened in September at the Lake County Campus of Woodland Community College.
This is a free, in-person, high school diploma completion program for adults ages 18 and up.
“Everyone can learn and succeed, but not always on the same day in the same way. The Lake County Adult School offers an opportunity for all Lake County residents to earn their High School Diploma,” said Lake County Superintendent of Schools Brock Falkenberg.
The Lake County Adult School has a 130-credit graduation requirement, ensuring a comprehensive and well-rounded educational experience.
This school provides a dynamic learning environment with flexible instruction methods to cater to diverse student needs.
Students at the Lake County Adult School have the unique opportunity for co-enrollment with Woodland Community College, enhancing their educational experience.
At the end of December, there were 33 students enrolled in the school and 19 more students who were in the enrollment process.
Four students have already graduated since the opening of the school.
The student body spans throughout Lake County, with attendees from as far south as Middletown to as far north as Lucerne, reflecting the school's regional impact.
Student success stories:
• Faydra and Allan Perkett: Faydra and Allan Perkett have been married for 28 years. Inspired by an 80-year-old diploma recipient, they decided to returned to school. With 30 credits remaining, they dedicate themselves to bi-weekly assignments, determined to prove it's never too late to pursue education.
• Derric Blakesley: The first Lake County Adult School high school graduate, Derric Blakesley, plans to continue his education at Woodland Community College, focusing on Fire Science.
• Christine Celeri: Christine Celeri achieved her diploma at Lake County Adult School to become a paraeducator. She now serves as a paraeducator at Lower Lake Elementary School, where her students attend school, contributing to their education.
Lake County Adult School remains committed to empowering its students with education that is both accessible and transformative, celebrating the success stories of individuals overcoming challenges to achieve their academic goals.
Our planet just added to its streak of record-warmth months, starting the new year with the warmest January on record.
Last month was the eighth-consecutive month where monthly global temperatures hit a record high.
The month was also the world’s second-wettest January on record, according to experts and data from NOAA’s National Centers for Environmental Information (NCEI).
Below are more highlights from NOAA’s January global climate report:
Climate by the numbers
January 2024
The average global land and ocean surface temperature was 2.29 degrees F (1.27 degrees C) above the 20th-century average of 54.0 degrees F (12.2 degrees C), ranking as the warmest January in the 175-year global climate record. This was 0.07 of a degree F (0.04 of a degree C) above the previous record from January 2016.
Temperatures were above average throughout the Arctic, most of northeastern North America, central Russia, southern and western Asia, Africa, South America, eastern and southeastern Asia and Australia. Africa and South America saw their warmest Januarys on record.
January was the second-wettest January for the globe, following on the heels of a record-wet December. Large portions of North America, Asia and Australia were wetter than average, whereas much of southern Africa and South America were drier than normal.
January also saw a record-high monthly global ocean surface temperature for the 10th-consecutive month. El Nino conditions that emerged in June 2023 continued into January, and according to NOAA's Climate Prediction Center it is likely that El Nino will transition to ENSO-neutral by April–June 2024 with increasing odds of La Nina developing in June–August 2024.
According to NCEI’s Global Annual Temperature Outlook, there is a 22% chance that 2024 will rank as the warmest year on record, and a 99% chance that it will rank in the top five warmest years on record.
Other notable climate events
The world’s sea-ice coverage was below average: Global sea ice extent (coverage) was the seventh smallest in the 46-year record at 6.90 million square miles (440,000 square miles below the 1991–2020 average). Arctic sea ice extent was slightly below average, while Antarctic sea ice extent was significantly below average, ranking fifth smallest on record.
Global tropical cyclones were about average: Six named storms occurred across the globe in January, which was close to the 1991–2020 average of seven named storms. The only major tropical cyclone was Intense Tropical Cyclone Anggrek, which remained in the central part of the South Indian Ocean and did not approach any major land masses. Severe Tropical Storm Alvaro made landfall in Madagascar at the beginning of the month, resulting in significant impacts and numerous fatalities. Tropical Cyclone Belal caused extensive flooding in Mauritius and also impacted La Reunion. Tropical Cyclone Kirrily brought heavy rains and wind to northeastern Australia.
LAKEPORT, Calif. — The Lakeport City Council will get updates on several projects when it meets this week.
The council will meet in a closed session at 5 p.m. before the regular meeting begins at 6 p.m. Tuesday, Feb. 20, in the council chambers at Lakeport City Hall, 225 Park St.
The council chambers will be open to the public for the meeting. Masks are highly encouraged where 6-foot distancing cannot be maintained.
If you cannot attend in person, and would like to speak on an agenda item, you can access the Zoom meeting remotely at this link or join by phone by calling toll-free 669-900-9128 or 346-248-7799.
The webinar ID is 973 6820 1787, access code is 477973; the audio pin will be shown after joining the webinar. Those phoning in without using the web link will be in “listen mode” only and will not be able to participate or comment.
Comments can be submitted by email to This email address is being protected from spambots. You need JavaScript enabled to view it.. To give the city clerk adequate time to print out comments for consideration at the meeting, please submit written comments before 3:30 p.m. on Tuesday, Feb. 20.
On the agenda is a traffic safety update from City Manager Kevin Ingram and an update on the 2023 communications team activity from Administrative Services Director Kelly Buendia.a
Public Works Director Ron Ladd will share with the council the latest on the Hartley Culvert and Forbes Creek Headwall Project, which resulted from storm damage in 2019.
On the consent agenda — items considered noncontroversial and usually accepted as a slate on one vote — are ordinances; minutes of the regular meeting on Feb. 6 and the special meeting on Feb. 13; approval of application 2024-008, with staff recommendations, for reserved parking on Forbes Street for the March 5 election; adoption of an ordinance of the City Council of the city of Lakeport amending Section 2.10.110 of Chapter 2.10 of Title 2 of the Lakeport Municipal Code to authorize city manager to sign written contracts and conveyances and have design approval authority.
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.
LAKE COUNTY, Calif. — Lake County Special Olympics will hold its annual Polar Plunge and Costume Party on Saturday, March 2, at the Buckingham Homeowners’ Club House in Kelseyville.
The event so far has 12 athletes and four teams registered, diligently working to make this fundraiser and event a success.
They include athlete Halena who has received a generous donation of $2,000 from the Lakeshore Lions Club to kick off the fundraising.
They hope to see their usual schools, law enforcement and community clubs and supporters again join athletes for this fun event.
The Kelseyville Lions Club will once again provide lunch for all registered participants, including guests who would like to make a $10 donation to Lake County Special Olympics.
They also are looking for a sponsor for coffee and donuts prior to the start of the event.
This event and fundraiser provides funding for equipment, uniforms and transportation so that athletes in our community have the opportunity to train and compete in year-round sports — basketball, track and field, bocce, softball, golf and soccer.
Please visit 2024 Lake County Polar Plunge to register as an individual or to start a team. Listed on the website are the incentives for fundraising milestones and there will once again be awards for teams and individuals raising the most funds, as well as multiple awards for best costume.
Event check in begins at 10 a.m., pictures and costume contest at 11 a.m., plunge at 11:45 a.m. with lunch to follow in the clubhouse.
Come out and join them as a participant or spectator; it is going to be a great time.
For more information you may call Mary Lahti at 530-448 4720 or Cathy Saderlund at 707-245-6116.
LOWER LAKE, Calif. — Last week, the Konocti Unified School District and Blue Zones LLC celebrated the launch of the school district’s commitment to a transformative well-being journey to improve the health and happiness of their employees.
Over the next three years, Konocti Unified will implement a comprehensive well-being strategy designed to achieve Blue Zones Worksite Certification. This makes Konocti Unified the first school district to embark on this journey.
In the Worksite Certification model, Blue Zones works with employers to optimize working environments and sharpen policies so healthier choices are easier for their employees.
Konocti Unified Superintendent Becky Salato expressed her desire to empower her employees. “I’m so excited to leverage this innovative opportunity to enhance our workplace so that every employee feels a change in their own life — whether it’s caring for their mental health, taking time to move more, or finding new ways to nurture work-life balance. This transformation will not only impact our teams but will also positively impact our students, our families, and ripple throughout our entire community.”
Konocti Unified is receiving support from national Blue Zones worksite experts to implement a comprehensive, evidence-based plan for improving employee well-being.
Blue Zones is the nationally recognized leader in well-being transformation, and its Worksite Certification model draws upon 20 years of experience in community and longevity science to empower organizations to cultivate thriving work environments.
The rigorous, multiyear commitment integrates the Blue Zones approach into the organization’s culture, aligning people, spaces, and policies to foster lasting change.
The Blue Zones Approach
Blue Zones focuses on creating surroundings and systems that default to healthier behaviors. The model is rooted in lessons learned from the world's healthiest, longest-lived cultures in the original blue zones regions, where residents make healthy choices because those choices are easy — even unavoidable — in their surroundings.
To celebrate the launch of their workplace transformation, Konocti Unified and Blue Zones celebrated with an all-employee interactive kickoff event — called Explore the Power 9 — on Thursday, Feb. 8.
Held in the Lower Lake High School gym, the event highlighted opportunities available to all KUSD employees to boost their well-being at home and at school through the various Power 9 principles — lifestyle habits from the world’s blue zones regions.
In the “Move Naturally” station, colleagues were inspired to incorporate movement throughout their workday and embrace their inner children with hopscotch.
A “Connect” area reminded colleagues of the energizing effects of joy and laughter with fun activities including a photo booth.
Blue Zones-inspired food dishes, provided by the local Blue Zones-inspired restaurant, Rosey Cooks, demonstrated how employees can incorporate more plant-based options into their meals.
During the presentation, guest speaker Margaret Brown, Blue Zones’ vice president of business development, spoke about the three-phased approach that will guide KUSD’s journey.
This approach focuses on people, places, and policy to tailor a blueprint for sustainable change. She emphasized KUSD’s recent diligent work with the Blue Zones worksite team and some of the best practices KUSD will implement to meet certification standards, including:
• Transform campus environments: Creating and mapping outdoor walking paths for each campus to encourage moving naturally, implementing breakroom initiatives to enhance private spaces for employees to downshift during the day, and other place-based optimizations.
• Improve employee policies: Developing a core work hours policy so employees can disconnect from work and connect with their families, friends, and purpose when they are not at work.
• Strengthen Social Connections: Building community through moais (social support groups), employee recognition, and volunteer opportunities.
• Enhanced well-being programming: Implementing purpose workshops; mental health, self-care, mindfulness training, and substance use prevention training.
• Improved food environment: Providing affordable and nutritious options throughout the workday so it’s easy for employees to eat wisely.
• Leadership development: Equipping leaders with skills to cultivate a thriving work environment.
Surrounded by board members and leaders, Salato signed the Blue Zones Worksite Certification Pledge, which signifies Konocti Unified’s commitment to implement the strategies outlined in the blueprint.
Driven by a vision to create a healthier and more vibrant workplace, Konocti Unified secured a grant specifically dedicated to employee well-being.
The district will pursue Blue Zones Worksite Certification in addition to the student-focused work that they and other area school districts will participate in to become Blue Zones Project Approved Schools as part of Blue Zones Project — Lake County.
“KUSD’s commitment to employee well-being through Blue Zones Worksite Certification beautifully complements the ongoing efforts of Blue Zones Project — Lake County. This synergy will demonstrate the power of collective action and further strengthen the positive ripple effect of Blue Zones principles throughout the County to create a healthier, happier community for us all,” said Shelly Trumbo, Blue Zones national chief transformations officer and Lake County resident. “We’re grateful for the tremendous leadership and excitement of KUSD and look forward to celebrating improved well-being for KUSD and the entire community.”
Camille Stevens-Rumann, Colorado State University and Jude Bayham, Colorado State University
A wet winter and spring followed by a hot, dry summer can be a dangerous combination in the Western U.S. The rain fuels bountiful vegetation growth, and when summer heat dries out that vegetation, it can leave grasses and shrubs ready to burn.
In years like this, controlled burns and prescribed fire treatments are crucial to help protect communities against wildfires. Well-staffed fire crews ready to respond to blazes are essential, too.
These are some of the reasons why an announcement from U.S. Forest Service Chief Randy Moore on Feb. 8, 2024, is raising concerns. Moore told agency employees to expect budget cuts from Congress in 2024. His letter was thin on details. However, taken at face value, budget cuts could be interpreted as a reduction in the firefighting workforce, compounding recruitment and retention challenges that the Forest Service is already facing.
So what does this mean for the coming fire season? We study wildfire policy and fire ecology, and one of us, Camille Stevens-Rumann, has worked as a wildland firefighter. Here are a few important things to know.
The fire funding fix
While Moore’s letter raises concerns, the financial reality for fighting fires this year is likely less dire than it might otherwise be for one key reason.
The 2018 Consolidated Appropriations Act included what is known as the “fire funding fix.” It introduced a new budget structure, creating a separate disaster fund accessible during costly wildfire seasons. The fire funding fix allows federal firefighting agencies to access up to US$2.25 billion in additional disaster funding a year starting in 2020 and increasing to $2.95 billion in 2027.
Prior to the fire funding fix, fighting fires – suppression expenditures – consumed nearly 50% of the U.S. Forest Service budget. As bad fire years worsened, that left less funding for the agency’s other services, including conducting fuel treatments, such as prescribed burns, to reduce the risk of wildfires spreading.
The fix protects agency budgets, ensuring that a high-cost fire season will not completely consume the budget, and that allows more funding for preventive efforts and all the other programs of the Forest Service.
In 2022, it released a Wildfire Crisis Strategy and Implementation Plan that included ramping up fuel treatments to reduce the potential for large uncontrollable fires, as the West had seen in previous years. It called for treating up to an additional 50 million acres over 10 years.
That work won’t be completed before the 2024 fire season, but fuel treatments will be underway. They include prescribed burning to remove dry grasses, twigs, logs and other fuels in a controlled way and the use of heavy equipment to thin dense forest areas and create fire breaks by removing trees and vegetation.
Prescribed burning must be done when conditions are safe to limit the potential for the fire to get out of control, usually in the spring and early summer. However, climate change is expected to shorten the prescribed burning window in the western U.S.
Staffing is still a concern
Doing this work requires staff, and the Forest Service’s challenges in recruiting and retaining qualified firefighters may hinder its ability to accomplish all of its objectives.
In 2023, over 18,000 people were employed as federal wildland firefighters. While the Forest Service and Department of the Interior have not specified precise staffing targets, Moore has mentioned that “some crews have roughly half the staff they need.”
A recent Government Accountability Office report found that low wages and poor work-life balance, among other challenges, were barriers commonly cited by federal firefighting employees. The government boosted firefighters’ pay in 2021, but that increase is set to expire unless Congress votes to make it permanent. So far, firefighters have kept the same level of pay each time Congress pushed back acting on the 2024 budget, but it’s a precarious position.
The agency has started many initiatives to recruit and retain permanent employees, but it is too early to assess the results. A recent study involving one of us, Jude Bayham, found that highly qualified firefighters were more likely to remain with the agency after active seasons, during which they earn more money.
Everyone has a role in fire protection
Even with optimal funding and staffing, the firefighting agencies cannot protect every area from wildfire. Some of the defensive work will have to be done by residents in high-risk areas.
These include keeping flammable vegetation away from buildings and reducing other fire hazards such as wood shingles, flammable debris in yards and pine needles in gutters. People should also pay attention to burn bans and avoid risky activities, such as leaving campfires unattended, setting off fireworks and using equipment that can spark fires on hot, dry, windy days.
Recent disastrous wildfire seasons have shown how important it is to manage the fire risk. Consistent funding is crucial, and homeowners can help by taking defensive action to reduce wildfire risk on their property.
CLEARLAKE, Calif. — The Lake County Campus of Woodland Community College invites the community to join them in their celebration in honor of Black History Month, entitled “Hands on History.”
This event will be held Thursday, Feb. 22, from 11:30 a.m. to 1 p.m. in rooms 209 to 211.
Author, motivational speaker and substance abuse counselor Randall Cole will host and moderate the celebration.
Jazz music will be provided by Lake County’s own Victor Hall and friends.
Aqeela Markowski, host of KPFZ’s “Women's Voices,” and District 2 Supervisor Bruno Sabatier are featured speakers for the event.
A panel of students will also share their thoughts about Black History Month.
A soul food buffet will be available for purchase at Aromas Café from 11:30 a.m. to 1 p.m.
For more information contact Mary Wilson at 707-995-7913 or This email address is being protected from spambots. You need JavaScript enabled to view it..
LAKE COUNTY, Calif. — A Clearlake man has been arrested for felony hit and run after severely injuring a pedestrian on Wednesday.
Oscar Rosas, 45, turned himself in a day after the crash, which occurred Wednesday night on Highway 20 east of Bridge Arbor Drive near Upper Lake.
The pedestrian who was injured was identified as 27-year-old Omar Romero of Lakeport, according to the California Highway Patrol’s Clear Lake Area office.
The agency said its officers responded to a report of a hit and run collision between a vehicle and pedestrian shortly after 8 p.m. Wednesday, during rainy and dark conditions.
The CHP said its preliminary investigation indicated a blue SUV struck Romero, who was walking south and was within the eastbound lanes of Highway 20.
After hitting Romero, the vehicle fled the scene on eastbound Highway 20, the CHP said.
Romero was transported to Sutter Lakeside Hospital in Lakeport with major injuries, which the CHP said included various blunt force trauma and a broken neck.
The CHP’s initial investigation efforts led officers to an address associated with the blue SUV, but no vehicle was located at that time.
At 5:25 p.m. Thursday, the CHP’s Ukiah Communications Center received a phone call from Rosas, who wanted to turn himself in to law enforcement, stating that his blue 2007 Ford Escape was involved in the collision.
The CHP said its officers responded to Rosas’ address in Clearlake where the Ford Escape was located with damage consistent with the hit and run traffic collision.
Rosas subsequently was arrested for felony hit and run just after 6:30 p.m. and transported and booked into Lake County Jail, the CHP said.
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.
Sen. Bill Dodd, D-Napa, has introduced legislation — his proposed Wildfire Mitigation Planning Act — to help prevent and contain wildfire by coordinating efforts between state, federal and private entities, increasing overall wildfire safety effectiveness while maximizing California’s wildfire response investment.
“Wildfires strike without regard to county lines or utility service areas, so we need a coordinated and comprehensive approach to keeping California safe,” Sen. Dodd said. “We’ve made a lot of progress in recent years, but climate change continues to compound challenges and underscores the need for us to be thoughtful about how we do the most good, as quickly as possible, with our investments.”
Catastrophic wildfires impose enormous costs on California and its residents. In the aftermath of the Camp Fire, Sen. Dodd coauthored AB 1054, which created a framework for electric utilities to evaluate their wildfire risk and plan for wildfire mitigation investments and activities, overseen by the Office of Electric Infrastructure Safety within the California Natural Resources Agency.
More recently, the California Wildfire and Forest Resilience Task Force, a multi-agency effort to identify needs and develop strategies to better manage wildfire risk, has produced plans to better manage wildfire risk.
Current spending on utility wildfire mitigation exceeds $10 billion per year while state budget wildfire expenditures have grown to $2.7 billion over several years.
Meanwhile, the U.S. Forest Service announced major wildfire mitigation investments in California and other western states wildfire mitigation activities that will total $930 million. No framework exists to evaluate how these multiple activities will interact and might be coordinated to maximize their effectiveness and cost-effectiveness.
Sen. Dodd’s proposed Wildfire Mitigation Planning Act would require the Office of Electric Infrastructure Safety to prepare a report every three years to quantify the potential benefits of actions taken by state and private actors to reduce wildfire risk.
The bill also would require the office to prepare a wildfire risk baseline, forecasting wildfire risk and risk mitigation potential over the next one to 10 years. It would also mandate another report on annual wildfire mitigation scenarios, quantifying actual risk reduction from all entities and investments within California.
Finally, Sen. Dodd’s measure would empower the Office of Electric Infrastructure Safety to coordinate utility spending with the new planning framework in order to maximize the effectiveness of all investments related to wildfires in California.
“Preventing catastrophic wildfire requires strong coordination between all of our investments,” said Michael Wara, director of the Climate and Energy Policy Program at Stanford University. “Building on current efforts, this bill would create a planning structure to maximize the effectiveness of California's work to reduce the impacts of wildfire. As California spends more to prevent catastrophic wildfire, we should also make sure that these investments go as far as possible in keeping residents safe. This bill creates a planning structure that does just that and ensures that all our efforts are well coordinated.”
The act, also known as Senate Bill 1014, is expected to receive its first committee hearing and vote next month.
Any costs of the bill would be covered by private funding, not taxpayer dollars.
Dodd represents the Third Senate District, which includes all or portions of Napa, Solano, Yolo, Sonoma, Contra Costa and Sacramento counties.
LAKE COUNTY, Calif. — Lake County Animal Care and Control’s kennels are filled with dogs needing homes this week.
Dogs available for adoption this week include mixes of Australian shepherd, border collie, boxer, Catahoula leopard dog, Doberman pinscher, German shepherd, hound, Labrador retriever, pit bull, Queensland heeler, shepherd and terrier.
Dogs that are adopted from Lake County Animal Care and Control are either neutered or spayed, microchipped and, if old enough, given a rabies shot and county license before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.
Those dogs and the others shown on this page at the Lake County Animal Care and Control shelter have been cleared for adoption.
Call Lake County Animal Care and Control at 707-263-0278 or visit the shelter online for information on visiting or adopting.
The shelter is located at 4949 Helbush in Lakeport.
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.
In California, people who own real property generally establish a revocable living trust, as settlors, and transfer title to their assets to themselves as trustees to avoid probate when they die.
While alive, a settlor retains the separate powers to revoke and amend their living trust, so long as they have the mental capacity to do so.
Trust amendments range from minor modifications to complete restatements of the entire trust itself.
Typically trust amendments may involve changes to who acts as successor trustee and/or who inherits what assets and/or share of the trust at the settlor’s death. To be valid, the trust amendment must be properly executed.
Sections 15401 and 15402 of the Probate Code say how a trust can be revoked or amended. Section 15402 provides that, “unless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify [amend] the trust by the procedure for revocation [in section 15401]." Trusts typically say how the settlor can validly revoke or amend the trust and typically require that the amendment be acknowledged by a notary public.
Until now, there was a longstanding disagreement amongst California’s appellate courts regarding whether a settlor had to follow the procedure stated in the trust itself to amend the trust or, alternatively, could follow the statutory procedure in section 15401 to revoke a trust that also applies to amending trusts.
Section 15401 provides that, “(a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the following methods: (1) By compliance with any method of revocation provided in the trust instrument. (2) By a writing, other than a will, signed by the settlor or any other person holding the power of revocation and delivered to the trustee during the lifetime of the settlor or the person holding the power of revocation. If the trust instrument explicitly makes the method of revocation provided in the trust instrument the exclusive method of revocation, the trust may not be revoked pursuant to this paragraph.” Again, the rule in section 15401 applies to amending a trust and, importantly, does not require that the amendment be acknowledged by a notary public.
In Brianna Mckee Haggerty, v. Nancy F. Thornton S271483 (Cal. Feb 08, 2024) the California Supreme Court resolved the aforementioned legal disagreement — whether the amendment procedure in the trust must be followed to the exclusion of the statutory procedure in section 15401 — on a statewide basis.
The Supreme Court held that, “… under section 15402, a trust may be modified via the section 15401 procedures for revocation, including the statutory method, unless the trust instrument provides a method of modification and explicitly makes it exclusive, or otherwise expressly precludes the use of revocation procedures for modification.”
Typically speaking the statutory method in section 15401 is more easily fulfilled as the methods typically found in trusts all require an acknowledgement (as was the true in the Haggerty case) to be valid.
Of course, a trust may be drafted to require that its stated procedure for amending the trust is the only procedure that can be used and exclude the section 15401 statutory procedure which does not require a notarization of the amendment.
The foregoing brief 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.