Use these Tips to Avoid Fraud

PLAY IT SAFE!

  • Never click on a link inside an e-mail to visit a website.  Instead, type the address into your browser, or even better, Google the company or sender to see what you can find out.  (Did you know that some websites track your exact location by collecting the IP address from your computer?)
  • It’s easy for a business to look legitimate on-line.  Use caution with patronizing new businesses.  Google reviews on-line, but remember, someone at the business in question might be posting positive reviews about that business.  Watch out for a lot of complaints and a few glowing reviews.  The complaints are probably legitimate and the reviews are likely being posted by the company to offset the negative rating on websites like www.yelp.com and www.epinions.com.
  • Keep track of what you order on-line, and follow up if you don’t receive it within the expected time.  The Fair Credit Billing Act gives you 60 days to contest the charge on your credit card if you do not receive the item (or if there are other errors on the bills).   After 60 days, you may be out of luck, so stay on top of it!  http://www.federalreserve.gov/creditcard/errors.html  For other credit protection laws, see http://www.federalreserve.gov/creditcard/regs.html
  • Use a credit card instead of a debit card to place orders.  Debit cards, though they bear the Mastercard or Visa logo, are not covered by the Fair Credit Billing Act.  Mastercard and Visa, along with most banks, have a policy of honoring the same rules, but that is policy–not law.   If you don’t have a credit card or prefer not to use a credit card, consider using a service like www.paypal.com, which provides protection for purchases made using Pay Pal.
  • Do not e-mail your personal information, including social security number and date of birth.  Only 2% of identity theft occurs through the mail presently; most of it happens on-line!  Report on-line fraud to the FTC at www.ftc.gov/complaint.
  • Shred documents which contain personal or confidential information; don’t simply throw them away or recycle them.
  • Keep your packing slips and receipts, and check them against your credit card statement.
  • If you bank on-line or pay your credit card on-line, choose passwords that are difficult or impossible for others to guess, or for hackers to crack.  Use a combination of letters and numbers, and don’t use your pets’ names, or any obvious fact or hobby known to many about you.
  • Watch out for e-mails or contacts pressuring you to act “right away.”  Urgency can often be a warning that the transaction is not legitimate.
  • Watch out for anything that guarantees success.  This is a definite red flag!
  • Watch out for anything which requires an upfront investment–even for a “free” gift.
  • Trust your intuition!  If it doesn’t look or feel right to you, walk away!

FACTS ABOUT FRAUD:

  • Your bank will never e-mail or call you for your account number.
  • Don’t wire money to people you don’t know.
  • Be cautious of work-at-home job offers.
  • There are no legitimate jobs that involve reshipping items or financial instruments from your home.
  • Foreign lotteries are illegal in the U.S.  You can’t win no matter what they say.
  • Check your monthly bank statements for charges you don’t recognize.
  • Order a copy of your credit report from each of the three national credit bureaus once a year by using  www.annualcreditreport.com

The United States Post Offices has a website dedicated to making people aware of fraud and scams through the mail: http://www.deliveringtrust.com

If you receive a suspected fraud through the U.S. Mail, you can report it to: postalinspectors.uspis.gov or 1-877-876-2455.  The mailing address is: U.S. Postal Inspection Service, Criminal Investigations Service Center, Attn: Mail Fraud, 222 S. Riverside Plaza, Suite 1250, Chicago, IL 60606-6100.

The Federal Trade Commission (FTC) is the nation’s consumer protection agency, and also works to stop fraud.  To get more information, go to www.ftc.gov or call 1-877-FTC-HELP.

Remember the old adage: If something seems too good to be true, it probably is!

Prenuptial (Premarital) Agreements

California, by default, is a community property state.  “Community” refers to the spousal entity consisting of you and your spouse.  After marriage, each spouse is deemed by law to be working for the benefit of the community and as such, absent an agreement opting out of the default law, each spouse’s wages or salaries become community property. 

Property acquired during marriage, absent an agreement to the contrary, is presumed to be community property.  Property acquired by inheritance, bequest, gift, or owned as separately property prior to marriage remains separate property. 

Caveat: Without a prenup, you must keep careful records and individual separate accounts for separate property.  If, for example, you pay for improvements with community property wages, the community gains an interest in the property, even though you hold title to it as separate property.  Keeping careful records and individual accounts is critical without a prenuptial agreement, and is still good practice even if you have a prenup. 

There are times when a couple planning to get married have individually earned a substantial amount of assets.  Each partner may also have debts and liabilities.  Each person may wish to continue to separately own his or her assets, and may also wish to continue to be solely liable for his or her debts and obligations.  Under these circumstances, it may be advisable to opt out of the community property system with a prenuptial agreement. 

With a prenuptial agreement, you can choose how to hold property by default; that is to say, you can select a different default system than community property.   You can decide that your assets and earnings will remain your own, that you will continue to be responsible for your own debts, and also that you waive any claim to any of your spouse’s property and earnings, and that the spouse will remain liable for his or her own debts. 

A lawyer should prepare your prenuptial agreement, and if you wish to waive spousal support in the event of a divorce, separate lawyers for each you and your prospective spouse are required.  There are other requirements which must be followed in order for a prenuptial agreement to be valid and enforceable. 

Discussion and consideration of whether a prenuptial agreement is the right choice can cause disharmony on occasion.  It is important to consider that it is in your best interest to understand how it works and why it may be helpful to you.  Too often, people get their feelings hurt by the subject.  They don’t realize that their soon-to-be spouse could undertake a risky business venture and they would also be on the hook if it failed, and that the spouse’s creditors might come after their property which they have worked so hard to own. 

Marriage is primarily about love and compatibility.  Respect and trust your partner enough to discuss whether a prenuptial agreement is the best choice.  

Contact the Law Offices of Jennifer Hughes for a quote on a prenuptial agreement.

Hughes Law Firm Mission Statement

HUGHES LAW FIRM MISSION STATEMENT

Integrity is the most important principle of this law office.  It is integrated in my practice and procedure, and will affect every aspect of your experience here.

I am committed to offering the best possible service and representation, and to exceeding the ethical standards required by the Rules of Professional Conduct.

As your attorney, I have the highest duty of confidentiality to you, my client, and your confidences are sacrosanct.  To discuss your estate plan or any other legal matter with any person (including your relatives), I require express written authorization from you.

I am committed to studying and learning new facets of law through continuing legal education.

I seek to uphold the honorability of the legal profession.  I take very seriously the oath I swore as an attorney to support the Constitution of the United States and the Constitution of the State of California, and to faithfully discharge the duties of an attorney and counselor at law to the best of my knowledge and ability.

I strive to give you the best value for your dollar and leave you with a positive experience regarding both attorneys in general and my personal diligence.  If there is any way that I can improve or better meet your expectations, please tell me.  If I have met or exceeded your expectations, please tell others.

Jennifer L. Hughes, Attorney-at-Law

Recommended Financial Planners, Investments, Realtors, Insurance Agents, CPAs, and Website Designers

Recommended resources for your present and future planning:

CPA

Steve Rabin, CPA
408-887-6433
https://www.taxservice2u.com

INSURANCE AGENT

Jamie Villavicencio
Annick’s Insurance Services
760-789-0006
1012 Main Street, #105
Ramona, CA 92065

PROPERTY MANAGEMENT AND INVESTMENTS

Lee Munsell
Brokerage Investments
Countryside Property Management
760-789-6093
760-317-6445
1516 Main Street, #107A
Ramona, CA 92065

HOME LOANS

Abel Fregoso, Jr.
Branch Manager
Homeowners Financial Group
619-572-3316
951-383-7253
afregoso@homeownersfg.com

REAL ESTATE AGENTS

Tamara Bond, Realtor
619-261-2663
TamaraBond@aol.com
http://www.tamarabond.com/

Debra Fares, Realtor
619-252-3324
debifares@yahoo.com

Brad Michels, Realtor
619-742-4170
themichelsgroup@gmail.com
www.themichelsgroup.com
Handles short sales and other real estate transactions

Nancy Clement, Realtor
619-563-4184
HomesandLoans@cox.net
Specializes in first time buyers and senior citizens

WEBSITE DESIGNER

I have had a number of compliments regarding the appearance and ease of use of this website: www.HughesLawOffices.com website was created by Deena Mayne of Freebird Media, http://freebird-media.com/

Reasons to Give to Responsibility 501(c)3 Nonprofit Organization

1. Reduce the size of your estate to avoid estate taxes.

2. Gifting is an effective way to reduce the size of your estate to avoid a steep tax (up to 40% on everything above the exemption amount) on your estate.

3. There are several ways to gift, all of which are tax deductible. The following list is a few of them:

*  One time or repeated individual gifts whenever you wish to give them.
* Gifts as a testamentary devise through your will or trust
* Charitable remainder trusts (CRT), where you pay yourself income on the asset for the duration of your life, and when you die, the corpus of the asset goes to charity. This reduces the size of your estate for estate tax purposes because although you receive income for life on the property in the CRT, you no longer own it.

4. Estate planning is an important part of life. It is a prudent and responsible choice which will affect your family and can positively affect charitable organizations for years to come. Your charitable gift of any size makes a difference!

http://www.responsibilityonline.com/

https://www.bestfriends.org/donate?gclid=Cj0KCQjwl7nYBRCwARIsAL7O7dFqHvhZhf5kBfiRj1fto8tQnJN-G4Ue2GYZGXo7KJE1IDVXRegbv1kaAo_cEALw_wcB

https://secure2.convio.net/kpbs/site/Donation2?df_id=4043&mfc_pref=T&4043.donation=form1

Free 30 Minute Trust Consultation

Attorney Jennifer Hughes offers a free legal consultation for estate planning, probate, or personal injury by telephone, up to 30 minutes.

Review of existing trusts available; please contact Jennifer Hughes at 619-840-7797 for details.