Planning for the future is not only wise, but also crucial to ensure your wealth, health-related wishes and legacy are upheld. At the Van Den Heuvel Law Office, we firmly believe in the importance of establishing an effective estate plan, regardless of your age or estate value. With our track record of proven results, our experienced team is committed to creating estate strategies that align with our clients’ unique needs. Call for a consultation where we can help you determine the right elements to include in your estate plan.

The Key Elements of an Effective Estate Plan

Understanding the components of an estate plan is the first step toward creating a robust strategy that will serve you and your heirs well into the future. Below, we delve deeper into five key elements of an effective estate plan.

Will

A will stands as the cornerstone of any estate plan. This legal document allows you to name beneficiaries, distribute assets according to your wishes, and designate an executor to carry out these instructions upon your passing. Additionally, a will provides the opportunity to select guardians for minor children.

Trust

Incorporating a trust into your estate plan is beneficial for a myriad of reasons. A trust allows you to transfer your assets to a trustee—be it a person or an institution—who holds them for your beneficiaries until the stipulated time. Not only does this prevent the probate process, but it also reduces estate taxes, making it a valuable tool in estate planning.

Power of Attorney

The power of attorney comes into play in the event of incapacitation. This document enables you to appoint an attorney-in-fact who can make informed financial decisions on your behalf, ensuring your assets are well-managed even in your absence.

Beneficiary Designations

Designating beneficiaries in your will is a critical aspect of estate planning. This process ensures your assets do not undergo the probate process, whereupon the probate court would distribute your estate according to state laws, potentially contradicting your wishes.

Healthcare Directives

Healthcare directives encompass an array of legal documents related to your health. These can include a healthcare proxy, durable power of attorney, a living will and healthcare instructions. These directives ensure your health-related decisions are respected and carried out as per your wishes.

Protect Your Future with the Van Den Heuvel Law Office

Creating an effective estate plan can be complex, but it does not have to be daunting. With our innovative planning strategies and tenacious representation, we at the Van Den Heuvel Law Office are ready to guide you through the process. Our firm offers superior services in wills and trusts, and we are prepared to advocate for your rights and secure your future.

An estate plan is not just a set of documents—it is a comprehensive strategy designed to protect your wealth, uphold your wishes and provide peace of mind for you and your loved ones. If you need assistance in crafting an effective estate plan, we encourage you to contact us for a consultation. Let us help you navigate the complexities of estate planning and secure your legacy.

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by Van Den Heuvel Law Office

As a citizen, it’s crucial to know your rights and responsibilities under the law. In Michigan, understanding the difference between assault and self-defense is paramount. If you find yourself accused of assault, a skilled attorney can safeguard your rights and build a robust defense based on your circumstances. The Van Den Heuvel Law Office offers robust defense strategies for those who have been accused of assault. We take your situation very seriously and work hard to achieve the favorable outcome you need.

Understanding Assault and Self-Defense in Michigan

Michigan law identifies several types of assault: felonious assault, aggravated assault, and simple assault. Felonious and aggravated assaults are felony offenses, while simple assault is a misdemeanor offense.

On the other hand, self-defense is a legal right provided by Michigan law, allowing you to use force to protect yourself from imminent harm. However, this right has its limitations. The force used should be proportionate to the threat faced, and deadly force can only be employed if there is a reasonable belief of serious bodily injury or death.

Distinguishing Between Assault and Self-Defense

The line separating assault from self-defense can sometimes blur, leading to potential legal consequences. For instance, a person might mistake self-defense for assault when they use excessive force beyond what is necessary to protect themselves. This could result in an assault charge, despite the initial intention of self-defense.

Understanding when self-defense is appropriate is key. Michigan law stipulates that force can be used to avert imminent harm. Therefore, any force used should be in response to an immediate threat. Using force without such a threat could be seen as an act of assault rather than self-defense.

Self-Defense in Legal Proceedings

In a courtroom setting, self-defense can serve as a legal defense. However, proving self-defense requires demonstrating that there was a reasonable belief of imminent harm. This can be complex, underlining the importance of having experienced legal representation. An adept criminal attorney can help interpret the nuances of Michigan’s self-defense laws and build a strong defense case.

The Importance of Knowing the Difference

Being aware of the distinction between assault and self-defense is crucial in Michigan. It can help you make informed decisions in tense situations and potentially save you from legal repercussions. Furthermore, it allows you to better understand your rights and the legal defenses available to you if accused of an assault.

Navigate Your Case Alongside an Attorney

Understanding the differences between assault and self-defense is essential for all Michigan residents. It’s important to remember that while self-defense is a legal right, it has its limitations. Knowing when and how to use force in self-defense can protect you from unnecessary legal complications.

Moreover, should you find yourself accused of assault, seeking immediate legal counsel is paramount. At the Van Den Heuvel Law Office, our team of experienced attorneys is ready to defend your rights and guide you through Michigan’s complex criminal justice system. Remember, every situation is unique, and only a knowledgeable attorney can provide the best legal advice tailored to your circumstances. Call today to begin.

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by Van Den Heuvel Law Office

College life is often associated with new friendships, academic growth, and memorable experiences. However, when these experiences include assault on campus, it can quickly become a severe issue with lasting repercussions. At the Van Den Heuvel Law Office, we understand the seriousness of these situations and provide dependable legal advice to those accused of such offenses. If you were accused of assault on a college campus, contact us immediately to learn how we can protect your rights.

Assault as a Violation of Campus Code

Assault on a college campus is not just a violation of law but also a breach of the campus code. This includes physical harm inflicted on another individual within the confines of the campus, such as classrooms, dorm rooms, or school cafeterias. Interestingly, assaults occurring off-campus at college parties or local bars can also warrant punishment from the school.

The severity of the penalties depends on the nature of the assault. Instances involving weapons, hate crimes, or significant physical harm could even lead to incarceration. It’s crucial to understand that while all assaults are serious, not all are considered violations of campus codes. The location and circumstances play a key role in determining the type of penalties.

Public Versus Private School Students: Is There a Difference?

Contrary to popular belief, there isn’t much difference between how public and private schools treat assault cases. Both types of institutions have similar penalties, and students at both types of schools are obliged to comply with their respective student codes of conduct. Violations can result in punitive measures from the school.

However, it’s important to note that criminal charges can still apply regardless of whether the student is from a private or public institution. Courts operate independently of schools, and any assault can potentially escalate into a criminal offense.

School Penalties for Assault on Campus

Beyond general punitive measures like jail time, schools have their own set of penalties for assault. Schools aim to provide a safe environment for all students, and they are hesitant to tolerate individuals who have proven to be physically violent on campus.

Consequences can range from mandatory anger management classes to more severe penalties such as suspension or expulsion in cases of extreme violence. It’s worth noting that student athletes, despite the revenue they bring to schools, are not exempt from these penalties. Schools are inclined to protect their reputation, and this includes ensuring safety and fairness for all students.

The Lasting Impact of Assault Charges

Being involved in an assault on a college campus isn’t just about facing immediate consequences. Such charges can have long-term effects on a person’s future, including their academic and professional prospects. This is why it’s crucial to seek legal advice as soon as possible if you find yourself in such a predicament.

Seek Legal Counsel

Student assaults are complex issues with potentially serious consequences. Therefore, securing legal representation is a vital step towards understanding and navigating the legal process. At Van Den Heuvel Law Office, we are experienced in dealing with cases of this nature. We provide aggressive legal representation and innovative planning to help defend your rights and secure your future.

If you have been accused of an assault on a college campus, don’t hesitate to contact us for a case evaluation. We are here to help guide you through this challenging time and ensure the best possible outcome for your case.

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by Van Den Heuvel Law Office

In a landmark decision, the Michigan court has found Jennifer Crumbley guilty of four counts of involuntary manslaughter for the murders committed by her son, Ethan Crumbley, at Oxford High School. This verdict brings to light the legal responsibilities of parents in preventing their children from committing gun crimes. Ethan, who was 15 at the time of the mass shooting, has already been sentenced to life in prison. The case against Jennifer Crumbley centered on her failure to heed clear warnings about her son’s potential for violence. Meanwhile, Ethan’s father, James Crumbley, still faces charges of involuntary manslaughter.

Thought Provoking Questions:

• Legal Precedent: This is a case where the parent, Jennifer Crumbley, is being criminally charged in connection with her son, Ethan’s original crime. While no one can dispute Ethan’s horrific crime of multiple murders, the question for the Jury was—should his mother be held responsible for his crime? Obviously, the Jury concluded that she should share in the blame and in the criminal consequences. How will this legal precedent change parental responsibility for their children’s crimes going forward?
• Parental Responsibility:  How will this legal precedent impact parental responsibility for their children’s crimes?   If a parent can be held responsible for the actions of their child, in what other scenarios might a similar verdict apply? Could, for instance, a parent be charged with manslaughter if their 16 year old child borrows a parent’s car and subsequently engages in “road rage” resulting in death? Guns may be only the beginning; kitchen knives or even cars can be lethal weapons.
• Parental Notice: How will the interplay between increasing privacy standards for children as young as 12 or 13 whose doctors and school counselors may be precluded from sharing mental health or other concerns with the child’s parents juxtaposed with this legal precedent of criminal responsibility shake out?

This case may be an outlier as parents have not traditionally been held criminally liable for the actions of their children. However, it does also highlight the evolving legal landscape regarding gun safety and parental responsibility. For more on this topic see;

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by Van Den Heuvel Law Office

Anyone who wishes to carry a concealed weapon in Michigan needs to be aware of the legal requirements. Navigating these laws can be complex, and a misstep could lead to severe legal consequences. At the Van Den Heuvel Law Office, we are here to guide you through this intricate process. If you face a weapons charge, contact our office right away for a consultation.

The Application Process for a Concealed Carry License

In Michigan, the law prohibits anyone from carrying a concealed handgun without a license except on their own property or place of business. To obtain this license, applicants must meet specific qualifications.

The process begins with submitting an application to the county clerk’s office. Since December 1, 2015, the responsibility of issuing concealed handgun licenses shifted from county-based “Concealed Weapon Licensing Boards” to county clerks. As part of the application process, a comprehensive background check is conducted by the Department of State Police through both the state law enforcement information network and the FBI’s NICS database. This background investigation ensures that the applicant meets all statutory qualifications.

Legal Requirements for Concealed Carry in Michigan

To qualify for a concealed handgun license in Michigan, applicants must meet several criteria. They must be at least 21 years old, a U.S. citizen or lawfully admitted alien, and a Michigan resident for at least six months. Applicants must also complete a state-certified handgun safety training course.

Furthermore, there are restrictions regarding an applicant’s legal and mental health history. For instance, they should not be subject to specific court orders, prohibited from possessing a firearm under Michigan law, or have a felony conviction or pending charges. They also should not have been dishonorably discharged from the U.S. Armed Forces, convicted of certain misdemeanors within a specified period, or have a diagnosed mental illness that presents a danger to themselves or others.

Moreover, the applicant must not be under a court order of legal incapacity and must possess a valid state-issued driver’s license or personal identification card. A federal NICS check will also confirm that the applicant is not federally prohibited from possessing or transporting a firearm.

Firearm Safety Training

Michigan law mandates that all applicants for a concealed handgun license complete a handgun safety training course certified by the state of Michigan or a national or state firearms training organization. This requirement ensures that license holders are knowledgeable about safe firearm handling and laws regarding the lawful use and ownership of firearms.

Contact a Defense Attorney

Understanding and complying with Michigan’s concealed carry laws is vital for ensuring your right to self-defense while avoiding potential legal pitfalls. It requires thorough knowledge and diligent adherence to the application process and legal requirements, including firearm safety training.

At Van Den Heuvel Law Office, we are committed to helping individuals navigate these complex laws. If you are considering applying for a concealed carry license in Michigan or if you face weapons charges, we encourage you to seek legal counsel. Our experienced attorneys stand ready to provide aggressive representation and guide you through every step of the process, protecting your rights and securing your future.

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by Van Den Heuvel Law Office

The Michigan Legislature has recently revised and tightened the state’s gun laws. One key portion of the new legislation is the Gun Storage Law, which governs how a firearm of any type, including handguns, rifles and shotguns, must be stored. Below is a summary of the key aspects of the new law: 

• Effective Date: The law takes effect on February 13, 2024. 
• Requirement for Secure Storage: The law mandates that anyone in control of a home or other property, who has reason to believe a minor could access the premises, must store unattended guns in a locked container or keep them unloaded and secured with a device such as a trigger lock or cable lock. 
• Applicability: This requirement also applies to individuals who leave a gun unattended at a property controlled by someone else. 
• Enforcement Conditions: Enforcement of the law occurs only if a minor gains access to an unsecured gun. The law is not violated merely by the presence of an unsecured and unattended gun; a violation occurs if a minor obtains the gun and certain events transpire. 

Penalties for Violation

• Minor Possesses Gun in Public or Recklessly: If a minor obtains an unsecured gun and possesses it in a public place or in a reckless or threatening manner, the person responsible for securing the gun is guilty of a misdemeanor, punishable by up to 93 days in jail and a fine of up to $500. 
• Gun Fired Causing Injury: If the minor fires the gun and injures themselves or someone else, the responsible person is guilty of a felony, punishable by up to five years in prison and a fine of up to $5,000. 
• Serious Bodily Injury Caused: If the firing of the gun results in serious bodily injury, the penalty increases to up to 10 years in prison and a fine of up to $7,500. 
• Death Resulting from Gun Firing: If the firing of the gun results in someone’s death, the penalty increases to up to 15 years in prison and a fine of up to $10,000. 

Exceptions to the Law

• Supervised Use by a Minor: The law provides exceptions in cases where the minor obtains the gun under the supervision of a parent or guardian. 
• Break-ins or Self-Defense: Exceptions also apply if the minor accesses the gun after breaking into a property or vehicle, or if the minor is acting in lawful self-defense or defense of another person. 

Incentives for Compliance

• Tax Breaks for Safety Devices: To encourage compliance, the new law offers tax breaks on the sale of gun safety devices such as gun safes and gun locks, removing the 6% sales tax from such purchases from 90 days after the law’s effective date until December 31, 2024. 

This gun storage law is part of Michigan’s efforts to prevent accidents and misuse of firearms by minors. If you have been charged with a violation of the Michigan Gun Storage Law, call the Van Den Heuvel Law Office to speak to an attorney right away. 

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by Van Den Heuvel Law Office

The Michigan Legislature has recently passed new laws that change how individual Michigan residents may own and use firearms. Included in these new laws is the “Red Flag Law,” which proponents believe will help prevent at-risk individuals from misusing a gun, including in the commission of a crime or for an act of violence. In essence, the law allows a judge to issue a temporary order that provides for a firearm to be taken away from a person identified as being a threat to themselves or others and to be stored by law enforcement. These are the key points of the law: 

• Effective Date: The law takes effect on February 13, 2024. 
• Purpose: It allows Michigan judges to issue an Extreme Risk Protection Order (ERPO) to remove guns from individuals deemed to pose a significant risk of harm to themselves or others. 
• Process: A family member, law enforcement officer, medical provider, former spouse, or someone who previously dated or lived with the person in question can petition the court for an ERPO. 
• Emergency Cases: In urgent situations, the court can issue an order without prior notice to the individual, but a hearing must be held within 5 to 14 days if requested. 
• Criteria for Issuing an Order: A judge will issue an ERPO if there’s evidence that the individual might soon use a firearm to cause serious physical harm. This decision is based on a preponderance of the evidence, including any significant threats or acts by the individual. 
• Duration and Extension: The order expires after one year unless extended by the court. 
• Gun Removal Procedures: The order will specify if guns are to be removed immediately or within 24 hours. Law enforcement is responsible for storing the seized weapons, which can be returned once the order is lifted. 
• Penalties for Violation: Violating an ERPO can lead to immediate arrest and criminal contempt charges, with penalties including up to one year in prison for a first violation and up to five years for subsequent violations. Failing to comply with an ERPO is a felony, punishable by up to one year in prison and a fine of up to $1,000. 
• False Petitions: Knowingly making a false statement in a petition for an ERPO is a misdemeanor, punishable by up to 93 days in jail and a fine of up to $500. 
• Providing Guns to Restricted Individuals: It’s a felony to knowingly provide a gun to someone under an ERPO, punishable by up to one year in prison and a fine of up to $1,000. 

While this law is aimed at identifying at-risk persons and preventing gun violence, it may also impact other individuals as well. The attorneys at Van Den Heuvel Law are familiar with and experienced in advising and defending individuals who may be concerned about an at-risk person, or alternatively, who have been charged with a gun law violation. If you have any questions regarding the Red Flag Law, please call Van Den Heuvel Law Office and ask to speak to an attorney.  

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by Justin Van Den Heuvel

The State of Michigan has recently added new background check laws for those individuals planning to purchase a firearm. Until now, only purchases of a handgun were subject to a background check by Michigan Law Enforcement. The new law now includes the purchase of rifles and shotguns as well. If you are planning to buy a firearm of any type—handgun, shotgun or rifle—whether for hunting, recreation or personal protection, you will soon need to undergo a background check before you will be issued a purchase permit that will allow you to make that purchase.

Here are the Main Points of the Law:

• Legislation: The laws are part of Public Act 19 of 2023, along with Public Act 18 and Public Act 22.
• Effective Date: These laws will take effect on February 13, 2024.
• Universal Background Checks: The new laws require background checks for all gun sales in Michigan. Previously, only handgun buyers were subject to a background check for obtaining a purchase license.
• Extension to All Firearms: The new law extends the requirement of a state background check, which was previously applicable only to pistols, to include rifles and shotguns.
• Procedure for Gun Purchases: Prospective gun purchasers must pass a background check conducted through the Michigan State Police to obtain a purchase license. This applies to both purchases and gifts of firearms.
• Exemptions: Certain individuals, such as those with concealed pistol licenses, federally licensed firearms dealers, and law enforcement officers, are generally exempted from the new licensing requirement.
• Penalties for Violations: Violating the licensing and background check law can result in misdemeanors or felonies, with penalties including jail time and fines.

Additional Details

• Inheritance of Firearms: Individuals who inherit a firearm are required to obtain a license and undergo a background check within 30 days of taking possession.
• Purchasing from Federally Licensed Dealers: If a background check is conducted through a federally licensed gun dealer within five days of purchasing a shotgun or rifle, the buyer is exempt from the requirement to get a separate license.
• Non-Residents: Non-residents of Michigan with a license from their home state to purchase, carry, or transport a pistol are exempt from state licensing requirements to purchase a gun in Michigan.

These changes in the background check laws are part of Michigan’s broader efforts to reduce gun violence by ensuring that all firearm transactions are subject to state background checks. If you have been charged with a violation of the new law, please call the Van Den Heuvel Law Office to speak with an attorney now.

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by Van Den Heuvel Law Office

Estate planning, often mistakenly considered a concern for the elderly or affluent, holds critical importance for individuals at all stages of life. It serves as a roadmap for your assets and responsibilities after your death, ensuring your wishes are honored and your loved ones are cared for. Neglecting estate planning can result in complex legal battles, financial losses, and undue stress for your family. Therefore, turning to our experienced attorneys at Van Den Heuvel Law Office becomes an essential step in this process. We can assist you every step of the way, ensuring your best interests are reflected in the plan you build. Contact our office for case-specific advice.

The Importance of Early Estate Planning

In Michigan, the legal age to create a Will is 18. However, the common misconception that one only needs an estate plan after having children or amassing substantial wealth often results in delay. In reality, anyone who has accumulated assets or possessions they care about should consider creating an estate plan.

Life events such as marriage, having a child, or buying a home often prompt the need for estate planning. Each life stage presents unique considerations for your estate plan. For instance, a newlywed couple might focus on joint property ownership, while parents would prioritize guardianship and financial provisions for their children.

Starting estate planning early offers numerous benefits. It allows for maximizing tax savings, providing for loved ones, and reducing the burden on family and friends after one’s passing. Moreover, it ensures the protection of digital assets, including logins, passwords, websites owned, cryptocurrency, photos, and videos.

Seeking Legal Guidance for Creating An Estate Plan

A plethora of do-it-yourself estate plan templates exist online. While these fill-in-the-blank documents do not require an attorney’s assistance, the risk of incorrect completion remains high. Estate planning is a serious matter, requiring precise creation and filing of documents to be considered valid. Without an experienced attorney’s guidance, mistakes can occur, resulting in confusion and potential legal disputes down the line.

For this reason, enlisting the help of skilled estate planning attorneys, such as those at the Van Den Heuvel Law Office, is highly recommended. Our firm provides innovative planning and tenacious representation to ensure your estate plan aligns with your unique needs and circumstances.

Estate Planning with Van Den Heuvel Law Office

At Van Den Heuvel Law Office, the aim is to make the estate planning process seamless and stress-free. The experienced attorneys assist in creating comprehensive estate plans that encompass all forms of assets, ensuring they are handled according to your wishes.

Whether you’re just starting your estate planning journey or need to update an existing plan due to life changes, we stand ready to guide you every step of the way.

Estate planning is not a task to be postponed until later years. It is a proactive decision that provides peace of mind, knowing your affairs will be handled as per your wishes, and your loved ones will be taken care of, even after your time. Don’t wait for tomorrow to plan for the future. Contact Van Den Heuvel Law Office today.

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by Van Den Heuvel Law Office

Is your child suddenly rejecting you? Avoiding you? Are you losing the close connection you previously felt with your child? Is your ex-spouse encouraging your child to avoid a relationship with you? Parental Alienation is a common concern in divorce where custody of the parties’ children is being disputed. William Bernet, M.D., is one of the leading voices in describing Parental Alienation; the behaviors that create the situation and the effects that alienation has on children and their parents. He has defined Parental Alienation as occurring when a child whose parents are in the midst of, or have completed, a high-conflict divorce, begins to show a strong preference for one parent (the preferred parent) and rejects or refuses a relationship with the other parent (the alienated parent) without a legitimate reason to do so.

Dr. Bernet has developed a Five-Factor Model for the Diagnosis of Parental Alienation. This model is widely used in legal situations to diagnose and address Parental Alienation. At Van Den Heuvel Law Office our attorneys take Parental Alienation very seriously and use the framework of the Five-Factor Model and the weight associated with the model to advocate for a parent who is experiencing alienation. The Five-Factor Model is also an important tool for a parent experiencing Parental Alienation to help in understanding what may constitute actual alienation by their ex-spouse, the signs to watch for in their child’s behavior, and the things that their child may hearing or seeing in their time with the alienating parent that may cause the rejection that the alienated parent feels. Bernet’s Five Factors and a brief description of each are as follows:

1. Campaign of Denigration

• This factor involves a consistent pattern of criticism and derogatory remarks about the alienated parent by the child. The child may repeatedly express unjustified or exaggerated negative feelings and beliefs about the alienated parent, often echoing the sentiments of the alienating parent.
• The child’s criticisms often lack substance and may seem rehearsed or exaggerated. These negative views are usually shared with others, including counselors, evaluators, and legal professionals.

2. Weak, Frivolous, and Absurd Rationalizations for the Rejection

• The child’s rejection of the alienated parent is based on weak, frivolous, or absurd reasons that are not proportional to the behavior or actions of the alienated parent.
• The child’s reasoning for rejecting the parent does not justify the extreme reaction and often reflects irrational and unfounded accusations.

3. Lack of Ambivalence

• The child exhibits a lack of ambivalence about both parents, idealizing one parent (the favored parent) and demonizing the other (the alienated parent).
• This factor is characterized by a black-and-white thinking pattern where the child sees one parent as entirely good and the other as entirely bad, without recognizing that both parents have strengths and weaknesses.

4. The “Independent Thinker” Phenomenon

• Despite the child’s claims of independently deciding to reject the alienated parent, it is evident that the child’s views and decisions are strongly influenced by the favored parent.
• The child adamantly insists that their rejection of the alienated parent is solely their own decision, often failing to acknowledge the influence of the alienating parent’s behavior and attitudes.

5. Absence of Guilt

• The child shows no guilt or remorse about their treatment of the alienated parent. Their attitude towards the alienated parent is often hostile, dismissive, or indifferent.
• This lack of guilt persists even in the face of the alienated parent’s genuine distress and attempts to reconcile the relationship.

The Five-Factor Model is a crucial tool in identifying and addressing parental alienation, helping professionals to differentiate between estrangement (a justified rejection of a parent due to abuse or neglect) and alienation (an unjustified rejection influenced by the other parent). This model is instrumental in guiding interventions and legal decisions to protect the best interests of the child. If you are experiencing any or all of these factors please reach out for help right away. The attorneys at Van Den Heuvel Law Office are very experienced in custody disputes during divorce proceedings and will work to resolve any signs of Parental Alienation as decisively as possible. Contact us here or call (616) 698-0000 to speak with one of our experienced team members.

For more information see: William Bernet (2020). “The Five-Factor Model for the Diagnosis of Parental Alienation” Feedback – the Journal of the Family Therapy Association of Ireland

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