Blog Posts in 2018
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Medical Record Rights: Disclosure and Access
Posted By Christopher MartensContinue Reading
Protecting Your Right to Privacy When filing a personal injury claim, insurance companies will request medical records to corroborate the medical bills for which you are seeking reimbursement. But insurance companies will also use medical records as a resource through which to comb for evidence that could reduce the value of your claim. While you probably won’t see your claim paid if you withhold ...
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How to Not Fall Prey to Insurance Company Tactics
Posted By Christopher MartensContinue Reading
Insurance companies spend a lot of money on presenting an image to the public of a trusted service company that has your best interests in mind. From well-known spokespeople to catchy taglines, Big Insurance is not without its deceptive practices. Insurance companies make an effort to convince policyholders they can turn to them in their time of need. In actuality, insurance companies, even yours, ...
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The Insurance Claim Statement: Read This Before You Speak
Posted By Christopher MartensContinue Reading
If you’ve been in an accident or opened up an insurance claim, you may be quickly contacted by an insurance investigator and asked to provide a statement. The insurance representative may initiate the conversation by asking how you are recovering from your accident. In reality, the question is motivated more by the company’s bottom line than compassion. They will then ask you to provide a quick ...
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Trust Fund Basics: Benefits and Protections
Posted By Christopher MartensContinue Reading
Managing and Controlling Assets Trusts provide an avenue to pass wealth to your heirs while retaining some control over when and how they receive those funds. Because they are little understood, trusts are often overlooked as a vehicle for carrying out your wishes for your estate when you die. But they can effectively provide for your loved ones and give you a say in how and when that happens. To ...
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Top Tips for Asset Protection Planning
Posted By Christopher MartensContinue Reading
Reaching Your Goals, Protecting Your Interests Proper asset protection planning can safeguard your hard-earned assets should you face legal trouble down the road. An essential step in financial planning, too many Californians overlook the importance of asset protection planning because they don’t consider what could happen if someone were to go after those assets in court. Asset protection ...
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Avoid These Easy Mistakes When Naming Beneficiaries
Posted By Christopher MartensContinue Reading
Naming Beneficiaries Many people overlook the importance of naming life insurance, annuity, and retirement account beneficiaries. Often, making a mistake when naming a beneficiary will result in an expensive and lengthy probate process upon the policy or account holder’s death. Because these accounts and policies will provide for your loved ones when you die, the importance of avoiding these easy ...
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When a Handwritten Will Is Valid and When It’s Not
Posted By Christopher MartensContinue Reading
Writing Your Will Many Californians forgo creating a will for all the wrong reasons. Some assume wills are only necessary if you have a high net-worth, while others feel that thinking about what happens when you die is too unpleasant of an experience. In reality, everyone should have a will, no matter his or her net-worth, age, or state of health. The good news is drafting a will doesn’t have to ...
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The New Federal Estate Tax: How It Changed and How It Could Affect You
Posted By Christopher MartensContinue Reading
Estate Tax Explained California phased out the requirement to file a State estate tax return for descendants who died on or after January 1, 2005. However, the Federal estate tax is still enforceable. The Federal estate tax only affects a small percentage of wealthy Americans, estimated at two out of every 1,000 estates. But for those that are required to pay the estate tax, the nuances in the law ...
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What Does Expungement Not Do?
Posted By Christopher MartensContinue Reading
Expungement provides many important benefits for those with a criminal record. Expunging a conviction from your record can significantly improve your chances of getting a job, an apartment, or even a loan. But there are some things expungement does not do, which you should learn about if you are considering starting the process. Expungement will not remove a conviction entirely from your record. ...
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Accidents Happen: Immediate Steps After a DUI Collision
Posted By Christopher MartensContinue Reading
A DUI involving a collision can have dramatically different consequences than a DUI alone. DUI collisions frequently involve injuries and property damage, which raise the stakes of the DUI offense. It’s important to take the right steps after a DUI collision to minimize the potential consequences. Because you are under certain legal obligations after an auto accident, you could face additional ...
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Facing Criminal Charges? Audit Your Social Media Accounts ASAP
Posted By Christopher MartensContinue Reading
Your Public Life It should come as no surprise that what you post on social media is public. By sharing your personal life with friends and family online, you inadvertently share your life with everyone online, including the California criminal justice system . Thus, if you are facing criminal charges of any type, you should audit your social media accounts ASAP, and here’s why. Public Access ...
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Domestic Violence Involving Deadly Weapons: Increasing Penalties
Posted By Christopher MartensContinue Reading
Domestic violence is treated as a serious offense in California, much more so when the offense involves a deadly weapon. In California, domestic violence involving deadly weapons can result in a charge of assault with a deadly weapon or assault with a firearm. The consequences of a charge of assault with a deadly weapon may differ from those of a domestic violence crime such as spousal (or ...
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5 Tips for Claiming Self-Defense
Posted By Christopher MartensContinue Reading
Many domestic violence incidents involve self-defense. Unfortunately, claiming self-defense as a defense to domestic violence charges isn’t foolproof. It’s not enough to claim you were using self-defense, and not all acts of self-defense leave you immune from criminal liability. To help clear up some of the common concerns regarding this defense tactic , here are five tips for when claiming ...
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Waiting to Get Behind the Wheel: Why Experts Can’t Agree on BAC Calculators
Posted By Christopher MartensContinue Reading
Calculating BAC Blood alcohol concentration or content (BAC) is a critical legal element in DUI cases. Many assume BAC defines DUI in California statute, and indeed it plays a significant role. Unfortunately, breathalyzer devices can be inaccurate, and there is no sure-fire way to accurately calculate your BAC without a professional grade device or a blood draw . Even just using one of the many ...
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First Time Arrested? Here’s What You Need to Know
Posted By Christopher MartensContinue Reading
An arrest is a stressful experience. It can happen quickly before you even know it. Police officers don’t waste time. If they have what they need to make an arrest (e.g. a warrant or probable cause), they will take action immediately. Then you’re put into the squad car and taken into the station for booking. Suddenly you are facing a reality you weren’t ready for and fearful for what happens next. ...
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