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Breaking Down Your Auto Insurance Policy

I recently had a conversation with my auto insurance agent and decided to take the time to get a breakdown on the different aspects of my policy. Now, I’d like to pass on that information to you in case you’ve ever wondered just what you are paying for every month.

The purpose of auto insurance is to ensure that you can cover a financial  loss should you cause an accident. There are several components to your automobile policy:

  • Bodily Injury: covers medical bills for a person injured in an accident you cause. In many cases, this coverage will extend to an individual driving your car with your permission.
  • Property Damage Liability: covers damage done to property in an accident that you cause. This can include damage to another person’s car, buildings, fences, lamp posts, or any other property that you may hit.
  • Collision: protects your vehicle from damage done in an accident. The insurance company will either cover the costs of repairs, or the value of your car if your car is deemed to be totaled. You will likely have to pay a deductible and any other fees allotted by your insurance company.
  • Personal Injury Protection: covers injuries you receive during an accident when you are travelling in your car. This insurance covers you whether you are the driver or passenger. Policies often vary but some will cover rehabilitation services, lost wages, and funeral expenses.
  • Uninsured/Underinsured Motorist Coverage: protects you if you are ever in an accident with an individual who does not have insurance, or who does not have enough insurance to cover the cost of your property damage or medical expenses.

In Texas, the current state minimum requires that drivers carry $25,000 in  bodily injury coverage with a maximum payout of $50,000 per accident. Drivers are also required to carry $25,000 in property damage coverage. On January 1, 2011, these minimum requirements will increase to $30/60/25.

It is against the law to drive without the minimum state requirements. In many cities, uninsured drivers risk getting their car impounded if caught driving without proof of insurance.

For more information on automobile coverage, additional ways to adhere to the financial responsibility laws, or the new state limits feel free to call the State of Texas Consumer Help Line at: 800-252-3439. You can also review Automobile Insurance Made Easy, a publication issued by the Texas Department of Insurance.

Prenuptial Agreements: Hope for the Best; Prepare for the Worst

A Prenuptial Agreement is a contract prepared for a couple that is about to get married. It outlines each individual’s assets and details how property will be separated in the event of a divorce. This may not be the most romantic of topics, but in this day and age many see it as a necessity.

You may have heard that Texas is a community property state, but do you really know what that means? Essentially, everything earned during the marriage is considered community property (including your salary) and each spouse is entitled to half of the property. For example, if one spouse has a job earning $100,000 per year and the other spouse is a stay-at-home parent – under Texas law each spouse earns $50,000 per year. Since income is community property, anything purchased with your earnings is also considered community property including stocks, bonds, cds, retirement plans, rental properties, etc.

By having a prenuptial agreement, a couple can agree to keep some assets classified as separate property in the event of a divorce. This can preserve your financial health should your marriage come to an end. To have a valid prenuptial agreement, there are certain steps that must be followed.

  1. You should discuss prenuptial agreements early in the relationship – some would say, even before you are engaged. Letting a potential spouse know how you feel about this topic lets them know that you are conscience of your financial health and should open the door to other discussions about how finances will be handled during the marriage.
  2. Honesty is a key component to a valid prenuptial agreement. Both parties must disclose all property and assets they own in an inventory & appraisement (I&A). It is also a good idea to see each other’s credit report to verify that nothing has been overlooked. If assets are purposely left off of the I&A in an attempt to hide or defraud the other spouse, this could invalidate your agreement. There must be full disclosure for a prenuptial agreement to stand up in Court.
  3. To guard against the appearance of undue influence or any conflicts of interest, it is best if each party has their own attorney review the document before signing. Having your own private attorney allows all legal questions to be answered openly and honestly and ensures that each person’s interest are protected to their satisfaction.
  4. To guard against the appearance of coercion, the prenuptial agreement should be signed well in advance of the wedding date. I generally tell couples to use the date the invitations will be mailed out as a guideline. You should meet with your attorneys 4-6 weeks prior to mailing out wedding invitations to begin drafting the terms of the agreement. The agreement should be finalized and signed one week prior to the date you are mailing out invitations at the latest. This gives the couple adequate time to review the terms, consider the implications, and back out of the wedding or agreement if they feel the need to.

Timing is crucial when considering a prenuptial agreement. If the topic is first brought up mere weeks before the wedding, the spouse who is being surprised with the idea can successfully argue that they signed the prenuptial agreement under duress because they didn’t want to suffer the embarrassment and expense of calling off a wedding mere days before the scheduled event. Weddings take a lot of time, energy, and money. There are non-refundable deposits, family members often have to make travel arrangements, decorations and dresses have to be bought or made, and the stress-level in planning all the details is extremely high. It is unfair, as well as unethical, to “surprise”  your future spouse by waiting until the last minute to bring up the topic of a prenup. Judges will usually rule an agreement invalid under these circumstances.

Everyone wants to believe they will have a long, happy marriage, but not planning for divorce could have severe consequences. Many adults find themselves living with their parents after going through a divorce. Statistics show that divorced women with children are 4 times more likely than married women to be at or below the poverty line. With less than 60% of married couples making it to their 15 year anniversary, it is critical that you protect your financial future. If you are contemplating marriage and would like more information on Community Property laws or prenuptial agreements, feel free to call The Gilkes Law Firm. We’re here to help.

Facebook & Jury Duty do not get along …

Traditionally, it was expected that citizens called for jury duty would follow the basic rules given by the Judge:

  • Listen to all the evidence presented;
  • Disregard any evidence deemed inadmissible;
  • Reserve making judgment until the end of the trial;
  • Deliberate in secret;
  • Reserve discussing the case until discharged from duty.

In these current times, where virtually any and everyone can communicate with the world in “real time,” attorneys and court staff have to adapt the way they treat jurors. During the voir dire process (selection of the jury), attorneys may find it necessary to question potential jury members on their internet usage and how likely they are to refrain from using Facebook throughout the trial. Once the trial begins, it is not uncommon for attorneys to monitor the social media accounts of the jury members to see what is being posted. Additionally, Judges often over-stress the instruction that jurors are not to communicate about the trial to anyone, including through postings on websites.

Some of you may be asking, why does it even matter? Well it all boils down to the 6th Amendment right that affords all of us a right to trial by an impartial jury. Based on the current trend, it’s the “mpartial” requirement that is giving the judicial system so much grief. Noncompliant jury members are also finding that their actions during trial could cost them a lot of money.

In a Michigan case last month, a juror posted that ,”it’s going to be fun to tell the defendant he’s GUILTY” before the trial concluded. Defense attorneys brought the posting to the Judge’s attention and the Judge dimissed the juror, fined him $250, and made him write a 5-page essay on the Constitutional right to a fair trial. In February 2010, a New York juror sent a Facebook “friend” request to a key witness in the criminal trial, clearly violating the Court’s instruction which prevents jurors from communicating with individuals involved in the trial. In March 2009, 9 Florida jurors admitted to the Judge that they conducted their own internet research in the case, causing the Judge to declare a mistrial after eight weeks of evidence had been presented.

The examples are endless. Jury misconduct can, and often does, cost a lot of time and money. Citizens serving on juries must remember why they are sitting in that jury box and refrain from actions that compromise the trial. After all, it’s not just the defendant’s rights that are being preserved, but the rights that we all enjoy. We owe it to ourselves as citizens to act in a way that preserves our Constitutional rights, not threatens them.


This blog post topic is a summary of the internet article posted by Harry Valetk.

For more on this topic, visit the internet article posted by Joel Cohen & Susan Helm.

Steps to Financial Freedom

 

Can’t seem to get ahead financially? Debts piling up? Maybe you’re making some of these mistake unknowingly. These mistakes listed below will help you understand where you may be going wrong and how to get back on track quickly. You can be debt free.

Mistake 1. Living Beyond Your Means

This is the real cause of your worry and stress. If you are spending more than you are earning, whose money are you spending? It’s the credit card provider’s or the bank’s. The cost of this money is interest.

The way out – Make a Commitment to yourself only to spend within your income limits. Maybe you could increase your income (or cash in) by applying for more skilled positions, selling some of your unused articles or assets. Is the second car really a necessity? What about working out ways to make your hobby pay for itself?

Why not find ways to reduce your spending? How much would you save each year if you decided not to have the daily coffee shop coffee? Why not make your work lunch each day rather than buying it? Commit to only buying the necessities.

Mistake 2. Paying Off Less Than the Full Credit Card Balance Each Month

Get this debt under control and your life will be much easier. If you are like many others and only pay the minimum balance each month, the interest on the interest makes those purchases oh so expensive.

The way out – Find ways to put aside more money to apply to the credit cards. It will take time to reach this goal. However, if you don’t make a start now you may never pay them off. This situation did not occur overnight and neither will the solution. But, by diligence and commitment you’ll get there.

Mistake 3. Not Really Knowing Your Financial Situation

Before you can set meaningful goals and develop savings strategies you need to know your financial situation now. The best, proven and tested method by far, is by developing your own personal budget. This is not hard to do. Please don’t give up now. Just follow these simple steps:

The way out -

  1. Find your latest credit card statements. Write down all the unpaid balances.
  2. Are there any other unpaid debts (not home or car) then include these balances as well.
  3. List out your (or family) monthly income. Only the amounts “brought home”. Include all types of income.
  4. Work out your monthly spending. List out where all the money goes. Don’t leave anything out.
  5. Minus the monthly spending total from the monthly income total and review the answer.

This will give you an initial idea as to whether you are living within your means or on borrowed money.

Mistake 4. Continually Adding to Your Debt

If debt has got you into this situation it is critically important not to add to the state of affairs and thus make it worse.

The way out – cut up the credit cards, keeping only 1 for emergencies. Don’t buy on impulse. Ask yourself twice or three times before you buy anything “Do I really need this?” before you hand over your hard-earned money. Don’t buy at the height of the fashion or fad. Commit to never paying full retail for anything. Get it on sale or negotiate a lower price.

Mistake 5. Spending All Your Income

It may sound OK to spend any money you earn but there are risks attached to this strategy. How are you going to pay for emergency items? What about major car repairs. What about major electrical appliance replacement? Are you going to pay for these on credit? Bad idea! How are you going to save for a substantial deposit on the next car?

The way out – Once you’ve prepared your budget you will clearly see what you need to do to put some income aside for other needs such are emergencies and repairs.

Mistake 6. Spending Without Caring About Your Future

Unless you are planning for your future and financial security, you cannot be really happy. There are always worries lurking in your mind about how you would survive in a financial emergency if you have no savings. It can be very rewarding to see how quickly your savings multiply over time with only a small investment each payday.

The way out – Take stock of your life and realize that tomorrow won’t look after itself. It needs your attention. Keep some funds aside to put away for your retirement, children’s college costs, emergencies, holidays and major purchases.

Avoid these 6 spending mistakes and you’ll be well on your way to financial freedom. Guaranteed.

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