Protecting Your Children: Why Do College Students Need Estate Plans?

Posted on by Michigan Gun Law

By: Linda Robbins – Administrative Assistant

The stressful year of having a child in their senior year of high school can really tax parents. Applying for college, getting accepted to college, getting their senior pictures, finding that perfect prom dress, the senior graduation party, and then finally commencement. Then you start shopping for all the stuff they will need for their college dorm room. There is so much to do, it is no wonder that parents are tired, but the day has arrived, and you are leaving your child behind in an unfamiliar place called a dorm room.

The next thing you know is you are getting a phone call from your child’s dorm mate saying that they took your child to the emergency room. You live 4 hours away. You try to call the hospital to find out about your child, but they refuse to talk to you because your child is over the age of 18. Your child is an ADULT and they can only speak to them.

Therefore, parents really should think about having a simple estate plan for their child that includes the will and powers of attorney. The powers of attorney gives the doctors permission to speak to the parents and the parents the rights to make sure that their child’s wishes are taken care of if something should happen to them.

I know from experience as my youngest daughter went off to college and ended up in the emergency room with mononucleosis. The hospital would not talk to us even though we had to pay the bill. I also had very dear friends whose daughter went away to college that was 4 hours away from where the parents lived. They received a phone call one night from a state trooper that their daughter had been in a very serious car accident and was no longer living. Now what do they do? They had no idea if their daughter wanted to be cremated or buried.

These are some of the reasons why parents really should think about getting a simple estate plan for their child as a graduation gift. So, if you are a parent getting ready to send your child off to college, paying for an estate plan should not be a cost you cut. Call Michigan Gun Law at (248) 676-8978 to schedule your appointment today!

Self-Defense Insurance: The Personal Choice

Posted on by Michigan Gun Law

            The decision to carry insurance for your firearms, referred to in the industry as CCW insurance or self-defense insurance is a personal one. Unlike automobile or health insurance that are mandated by the government, the choice to carry CCW insurance is yours to make.  This is like the decision some amateur radio operators make to insurance their radio equipment, antennas, and other gear. The Federal Communications Commission does not regulate to licensed amateur radio operators that they must now purchase an insurance policy to cover the radios or antennas. Instead, those operators that have built what is known in that community as a “ham shack” make the informed decision to purchase an insurance policy designed to protect them in case something happens to the equipment.

Photo credit: Woman defending herself.

For some firearm owners who choose to carry for self-defense, a conversation with the family, an estate planning attorney or perhaps their financial advisor on the pros and cons of carrying insurance would be a prudent step in reaching the firearm owner’s individual goals and strategies for financial health. When deciding who to have this conversation with, I do recommend including your spouse (if you are not married, a family member that you rely on in an emergency) or designated successor agent for your Durable Power of Attorney. It will be one of these two individuals that will need access to your funds and bank accounts if you ever must make the decision to pull the trigger in self-defense.

The professional that you consult with your designated person should be knowledgeable of your financial status, the fact that you own and carry firearms for self-defense, and the different companies that offer this type of insurance. These are frank conversations and conversations that should be tailored toward preserving your financial assets after you acted in self-defense. The cost of hiring an attorney to represent you after the self-defense shooting that results in the death of the attacker can range exceed One Hundred Thousand and 00/100 ($100,000.00) dollars. When you are facing an open murder charge because the prosecutor did not agree that you were justified in your actions, the last thing you want to worry about is how much of a defense that you can afford. With most American families living paycheck to paycheck, you do not want your family anguishing over the decision to pay for the necessities of life or the retainer fee for the attorney that you want.

Once you have decided to explore the purchase of CCW insurance, then sitting down with your insurance agent to determine what will be covered from your current policies and where you are lacking coverage is your next step.  If your agent is familiar with the different companies that provide this type of insurance, then the two of you can evaluate which policy or policy is best for your family’s needs and budget. A recent internet search resulted in the following companies that currently provide this insurance: USCCA, Second Call Defense, NRA Carry Guard, NRA Carry Guard, U.S. Law Shield and CCW Safe. The Armed Citizens’ Legal Defense Network, Inc. first published a blog on the different types of insurance and how those insurance compared with their program. They occasionally update the article to update the fund balances. You can read their comparison at https://armedcitizensnetwork.org/buyersguide.

If you need assistance in deciding whether CCW insurance is right for you and your family’s financial health, call (248) 676-8978 to schedule an appointment with our Client Relations Specialist.

5 Things Your Will Doesn’t Accomplish

Posted on by Michigan Gun Law

A will is an important tool in your estate planning arsenal. Not only does it put control of the disposition of your assets in your hands, it can give your family clear instructions for what needs to be done upon your death. In short, a will is one of the best gifts you can give your family. However, a will is like any other document in that it can only do certain things and cannot do others. Here’s what your will cannot do.

1) Transfer certain property. The key to remember with a will is that it can only transfer property that is already transferable. In other words, if the property is not completely yours to begin with, it cannot go into the will. For example, real property like homes or land that is owned with another through joint tenancy – i.e. you own it together – cannot be transferred in your will to your heirs. At most, your portion of interest in the property is passed to the other owner so that they become full owner.

Other property that cannot be transferred includes property that is already in a living trust. Living trusts are designed to avoid probate – i.e. the disposition of the assets – altogether, so if a property is in a living trust, it will be transferred through the trust. Similarly, life insurance and retirement accounts with beneficiaries cannot be transferred through the will. They can only go to the designated beneficiary.

2) Plan your funeral. Since the will only gets truly examined after the funeral, funeral instructions you put in your will probably not even be seen until after your funeral. The better course is to make your wishes known to your family ahead of time so they have an idea of what you want.

3) Get you out of estate taxes. One of the main goals of estate planning, of which wills are a major element, is tax avoidance and maximizing the inheritance that is passed on to your heirs. Wills, however, are not designed to provide any type of tax benefits. They are solely designed to designate how property is to be divided or distributed amongst your heirs. Trusts, another form of estate planning, are specifically designed to take advantage of tax provisions and avoid certain taxes.

4) Get your estate out of probate. Probate is the process by which your will is administered by the court. Many people aim to escape probate as it is time consuming and involves a public entity, the court, in private matters. Wills, however, are required to be probated. So, if you want to avoid probate, a will is not going to do this. A trust, on the other hand, is designed to avoid probate and the long drawn out proceeding that it can become.

5) Absolutely direct how a gift is to be used. A bequest in a will that requires someone to marry, get divorced, or convert religions as a condition of receiving the gift is unenforceable and will be ignored by the court. This is not to say that you cannot direct how you want a gift to be used, it’s just that it may end up being more of a suggestion than a directive. 

Estate planning is an important exercise for everyone to do, no matter their stage of life. Having a qualified and experienced attorney assist in your estate planning is the best way to ensure that your planning is tailored to your specific situation. The attorneys at Michigan Gun Law offer these services and many more. Contact them today to get started.

Estate Planning Basics: What’s the Difference Between a Will and a Trust?

Posted on by Michigan Gun Law

Perhaps the best way to begin to explain the difference between a will and a trust is to explain what they have in common. Both wills and trusts are vehicles by which an individual hands over their property to their heirs. The differences are in when they are activated and how they are administered.

First, though, let’s define a will and a trust. A will is a legal document that you create to indicate where and to whom you want your estate (i.e. your possessions, money, land, home, etc) to be distributed when you die. If there is a will in place and it is considered to be valid, the court will then execute your wishes as you set forth in the will and your property will be divided up as you indicated. It is possible to die without a will – this is known as dying intestate – meaning you do not give specific instructions of how your estate is to be divided and the law instead will divide it up amongst living family members based on their proximity in blood to you.

A trust is also a legal document, however, it creates a separate legal entity through which the property of the estate is administered – even before the person who owns the property dies. Trusts are designed to be used by the living to safeguard and manage property on behalf of the owner. Trusts can be set up for children by their parents to ensure that if the parents die before the children reach the age of 18, they have a set fund that is established for their care and education. Just to be confusing, however, there are trusts that are set up in wills to only take effect upon the death of the maker. These are known as testamentary trusts.

In estate planning, trusts usually come in the form of revocable or irrevocable living trusts. Irrevocable living trusts are designed to help move along the estate administration before the owner has died. It is often used to avoid gift and estate taxes for the maker of the trust. The downside of an irrevocable trust is that the maker cannot be the trustee of the trust meaning they can have no part in the management of the trust or the assets. Also, once property is placed in an irrevocable trust, it usually cannot be removed.

A revocable living trust is designed to benefit the maker of the trust as well as the beneficiaries. The maker is allowed to be the trustee meaning they can participate in the management of the trust. The main purpose of a revocable living trust is to fast-track the assets in the trust when the maker dies to the beneficiaries as these assets do not need to go through the usual probate process with the court. Even if the maker becomes incapacitated, if they have designated a successor trustee, it is not necessary for the court to appoint a conservator or guardian.

In terms of administration of the two, trusts require a great deal of administration at the beginning when they are being established and managed while wills require a great deal of administration when the maker dies. With a will, the court will almost certainly be involved in probating – i.e. executing the wishes of the deceased. This is not necessarily the case with a trust.

If you are interested in establishing a trust or drafting a will, the attorneys at Michigan Gun Law can answer your questions, advise you of your options, and draft the necessary documents. Contact them today to get started. 

On Parole: The Repercussions of a Probation Violation

Posted on by Michigan Gun Law

Probation—or the period someone receives in lieu of jail time and remains on the court’s radar—can be a difficult time. There are numerous strict rules to follow, appointments to be kept, and while you are outside of jail walls, you are very closely tethered to your probation officer. It is no surprise, then, that probation violations can be fairly easy to commit (and yet have serious consequences.)

Depending upon the terms of your probation, any number of activities can qualify or be considered violations of your probation. Common requirements of those on probation include keeping regularly scheduled meetings with your probation officer, taking and passing drug and/or alcohol tests, getting and keeping a job, staying in school, staying away from certain individuals or groups of people including known felons, and of course, not committing other crimes from traffic offenses to misdemeanors on up. Failure to do any of these can result in a probationary hearing.

To be fair, not all of these probation violations are considered to be equal. Some technical violations such as failing to meet with your probation officer may not be as damaging as being arrested for another crime. These factors are taken into account when the consequence of that violation is being considered.

In Michigan, if you are found to have committed a probation violation, the consequences can range in severity from a warning, to probation modification, to outright revocation. A warning is usually a first line consequence associated with minor infractions such as missing a meeting. It is not the end of the world, but it is certainly a strong wake up call to stay on the straight and narrow for the rest of the probationary term.

Probation modification means that the court may decide to add more terms to the probation.  This can occur when fines are not paid, you fail to complete classes that are mandated as a condition of probation, and similar offenses. In these cases, the court may tack on additional fines or classes to reinforce the importance of the requirement.

Probation revocation means essentially that you will likely go to jail. Revocation occurs with serious offenses including commission of other crimes while on probation. The judge would then sentence you on the underlying crime and your total sentence would increase.

Given how much is at stake with probation, it is absolutely necessary to have knowledgeable counsel by your side to fight for you at a probation hearing to try to get these repercussions taken off the table or minimized as much as possible. The attorneys at Michigan Gun Law understand the probationary process in Michigan and will fight for you with compassion and experience. Contact us today at (248) 676-8978. 

Michigan Gun Law: Brandishing

Posted on by Michigan Gun Law

“Brandishing” a gun may sound like an old-fashioned term, but the act is still thoroughly modern. Ironically, the Michigan statute making brandishing a firearm a misdemeanor did not define what constitutes “brandishing” until recently. The good news is that since the law was amended in 2015, there has been more clarity as to whether openly carrying a firearm in Michigan constitutes “brandishing.”

First things first: it is illegal to brandish a firearm in public in Michigan. Violation of the law is a misdemeanor and is punishable by a fine of no more than $100 and/or a prison term of no more than 90 days. Prior to 2015, there was no statutory definition of “brandishing,” which left some obvious questions as to what did and did not constitute the crime. In 2015, the legislature amended the definition section of the law, but not the brandishing law itself, to add a specific definition of “brandishing.”

Since 2015, to brandish a firearm is to “point, wave about, or display [a firearm] in a threatening manner with the intent to induce fear in another person.” The law does exempt peace officers lawfully performing their duties and private individuals “lawfully acting in self-defense or defense of another under the self-defense act.”

This amendment has been hailed by open carry proponents. Prior to the amendment of the law to add a definition of brandishing, there was some confusion and disagreement whether open carrying of a firearm in Michigan constituted “brandishing.” Since Michigan does not have an affirmative law expressly authorizing open carry, the authority to do so comes from the lack of a law prohibiting it. The lack of a law either authorizing or prohibiting open carry of firearms has meant that other acts, such as brandishing a firearm, have been interpreted as violations of open carry.

This should no longer be the case with the new amendment, although to be sure, it does not explicitly state that open carrying of a firearm is not brandishing. Given the odd legal area in which open carry is allowed to exist, this is to be expected especially since a definition of brandishing has now been included.

Since brandishing is still a misdemeanor, there have not been many cases pursued under the law either before or after the amendment. This does not mean that it cannot happen, however, so it is always wise to know the law and understand what actions constitute brandishing.

If you have questions about brandishing or you or a loved one is facing charges of brandishing, contact the attorneys at Michigan Gun Law. They can answer your questions and help you understand your rights as a gun owner in Michigan.  

4 Signs of Domestic Violence

Posted on by Michigan Gun Law

Domestic violence is still far too common and misunderstood in our society. Yet, it can be a difficult topic to discuss and even harder to spot. Women and men who are suffering from domestic violence will not likely come right out and admit it, either for fear of reprisal or because they themselves are not fully aware. One of the first steps to combating domestic violence, however, is to know what to look for.

1) The person is withdrawing. Domestic violence is not always physical violence. Often times, it can be emotional or mental abuse wherein one partner works to dominate and control the other partner. They will use fear, shame, and guilt to manipulate and isolate the other partner from their support systems and those who might be able to figure out what is going on. They will blame the other partner for the abuse, humiliate and yell at the other partner, and limit their access to the phone, the car, and money. Women are more likely to be victims, but they too can be perpetrators, particularly with verbal and emotional abuse.

2) The person has unexplained injuries. Most people will have bumps and bruises from benign events that do not raise eyebrows. Where those bumps and bruises become more common and are in places that are unusual, the possibility of some sort of physical violence in the home goes up. This is especially true if the person is also withdrawing from friends and family and giving vague and unconvincing explanations for recent scrapes and injuries.

3) The person is fearful. Fear is an abuser’s most potent weapon in establishing and maintaining control over another partner. There can be fear of physical or sexual violence, as well as fear that the abuser will take away the partner’s children. There is also fear of the abuser’s uncontrollable temper or threats to commit suicide if the person should leave. Not surprisingly, this fear will likely spill over into all other aspects of the person’s life.

4) They are being worn down by the stress. Living with an abuser can be extremely stressful. Hypervigilance about staying on the abuser’s “good side”, or not making them angry, or just keeping the children safe means that the person may not be sleeping very much or eating. They may have unexplained headaches, digestive problems, asthma, or back pain. These are directly related to the constant stress of being in an abusive relationship and may be far more telling than any other factor that something is terribly wrong.

Domestic Violence and Gun Ownership in Michigan

With respect to gun ownership and domestic violence, Michigan has neither the strictest nor the most lax laws in the United States. Anyone convicted of domestic violence or domestic assault in Michigan is prohibited from applying for a concealed pistol license for eight years after the conviction. Even then, the judge in the case has broad discretion to add additional restrictions on an individual’s ability to purchase, carry, transport, or possess any firearm.

If you are a victim of domestic violence, there are safe places in Michigan that can help you including First Step Shelter. If you are safe, but need legal guidance on how to extricate yourself from the relationship or to ensure the safety of your children, trust the attorneys at Michigan Gun Law who will handle your case with compassion and efficiency. Call us at (248) 676-8978 today.

5 Mistakes Concealed Carriers Make

Posted on by Michigan Gun Law

When it comes to concealed carry, Michigan has neither the most stringent nor the most lenient laws in the nation. Currently, concealed carry is allowed with a permit and open carry is allowed without a permit. In June this year, legislation was introduced in the House that would authorize concealed carry without a permit. That bill is currently sitting in the Senate with a committee.  More recently, three other bills were introduced, including one to allow for concealed carry in gun-free zones (provided the owner has a permit and training). As none of these bills have been passed and signed by the governor, you will want to continue to carry your firearm in accordance with the current laws.

Gun owners who want to take advantage of concealed carry should always keep in mind these avoidable common mistakes to stay responsible.

1) Not test-driving a holster. Holsters are essential for concealed carry as they provide a safe and secure place to keep your gun that also ensures easy access. So, it’s important to have a holster that fits you and your gun. This is why it is so important to try on holsters first before buying. What may work for the Amazon five-star reviewer may not work for you.

2) Choosing an unsafe holster. Just as the fit of the holster is important, so is the safety feature of the holster. Choosing an unsafe holster can result in you putting yourself and others in avoidable danger. At a minimum, your holster should fully protect and cover the trigger. Otherwise, you may have poor trigger control when pulling from your holster and you may accidentally discharge the gun, resulting in injury to yourself or others. Also, if you are considering a shoulder holster, find one that points the gun down. This ensures that the gun is never pointing at someone you don’t mean to point it at.

3) Going public. Part of the reason for having a concealed carry permit is to keep the gun concealed. So, it’s best not to start adjusting your gun or holster in public that allows others to see it. Similarly, consider your fashion choices while wearing a holster. Skin-tight fabrics may not be the best choice as they will most certainly give away the fact that you are carrying and will make it difficult to access your gun. Another thing to keep in mind is that dark-colored holsters and guns can be easily seen through lighter colored fabrics.

4) Thinking your Concealed Pistol License (CPL) is a license to be invincible.  With great power comes great responsibility and that phrase is particularly apt when it comes to guns. Having a concealed gun does not give you a license to seek out trouble or to antagonize people. If anything, having a concealed gun means you should be even more wary of risks or trouble than if you were not carrying.

5) Breaking the law. A CPL is a broad license in Michigan, but there are still places where concealed carry is not allowed. It is your responsibility to know the concealed carry laws where you are and where you go. You should carry your license whenever you carry your gun. Just like you shouldn’t drive without a license, you shouldn’t carry without your CPL either.

It never hurts to understand exactly what your rights and responsibilities are when it comes to concealed carry. Our team at Michigan Gun Law have the knowledge and understanding to give you all of the information that you need.  Contact our office today to get started.

5 Estate Planning Considerations for Unmarried Couples

Posted on by Michigan Gun Law

In today’s world, more and more couples choose to become life partners in lieu of traditional marriage. Although unmarried couples lack some of the legal rights enjoyed by married couples, there are plenty of estate planning vehicles you can use to make up for that. Consider these estate planning tips to better manage your finances, protect your loved ones, and prepare for the future.

1) Remember: Where there’s a will, there’s a way.

Because there is no common law marriage in Michigan, you are not automatically entitled to inherit property from one another. If one of you should pass away without an estate plan, the state’s intestacy laws would pass on your property to your children, your parents, or your closest living relative. A will allows you to control exactly where your money goes. It also lets you name a guardian for your minor children, let your partner live in your home, and provide funds for the home’s upkeep.

2) Make medical provisions to control your care.

If you should become sick or injured, your partner may not be allowed visitation by the hospital or medical provider, and they may not be entitled to updates on your condition—all because they aren’t considered “family.” To get around this, you can give your partner medical power of attorney, which will name them as a “healthcare agent.” This will give them the authorization to make healthcare decisions on your behalf and discuss your treatment with healthcare providers. You can also communicate your preferences through a healthcare directive or living will, in case you’re ever incapacitated.

3) Cover your assets with titling.

You may be used to treating property purchases casually with your partner, but it’s important to make sure that jointly-owned properties are titled in both of your names. If you don’t title your assets correctly, you risk losing property if one of you passes away. It can also problematic if you ever get into a legal dispute about assets after a breakup.

4) Name beneficiaries for more peace of mind.

As with your will, you must pay close attention to the beneficiaries you designate on your trusts, life insurance policies, retirement plans, and similar accounts. Married and unmarried couples alike should always update their beneficiaries to reflect major changes. That way if one of you should pass away, if you eventually decide to marry, or if you split up, your loved ones will always be financially protected.

5) Put your expectations in writing.

Many unmarried couples can benefit from a cohabitation agreement, a formal contract that works somewhat like a prenup. It can outline how you will divide property in the event of a breakup, how you will manage expenses like housing and groceries, and how you will pay your debts. The agreement can even discuss financial support and debt planning in case the relationship ends.

Would you like to learn more about how estate planning can help you save money for the future, safeguard your wishes, and take care of your loved ones? Contact the dedicated family attorneys at Michigan Gun Law. We would be happy to help you explore options like cohabitation agreements, legal adoptions, trusts, powers of attorney, and many more.

The Most Important Documents for Estate Planning

Posted on by Michigan Gun Law

Proper estate planning requires a lot of foresight. Planning for your future (as well as your firearms) will be important to your loved ones. It can mean the difference between creating conflict and confusion or a peaceful time to mourn. Ensuring that you have these essential estate planning documents will help you and your loved ones prepare for the future.

  1. A Will and Trust

A will and trust are the primary documents in your estate plan. You simply cannot go without these documents in most circumstances. A will and trust will help ensure that your property is passed on to your loved ones in a way that you have intended, especially when it comes to your firearms. 

When transferring your firearms onto loved ones after your death, these documents can ensure that the transfers do not create legal issues.  The most effective way to minimize legal problems that arise for the transfers following your death is to create a stand alone firearms trusts.  This trust will provide clear instructions on how to properly and legally transfer your firearms.

While you certainly can use other estate planning tools, wills and trusts cover a broad range of property in a way that other documents simply cannot address. Nonetheless, your will and trust should work in conjunction with your other estate planning tools. You should also adjust it periodically to address changes in your life.  At a minimum, you should review these documents at least once every three years.

  1. Durable Power of Attorney

A durable power of attorney allows you to designate an individual to take over the many legal and financial aspects of your life. It will only go into effect if you are unable to make these important decisions on your own. This document is specifically designed to be used while you are living but may not be competent to make these vital decisions.

If you do not have this document, the probate court may end up making these decisions for you or appointing someone to do so. If you want control over these vital choices in the future despite your level of competency, you should execute a durable power of attorney.

You may also want to create a healthcare power of attorney as well. This document specifically sets out who you would like to make your medical decisions if you become incapacitated. This document is often referred to as a “living will.”

  1. Beneficiary Designations

Not every valuable asset that you own will be addressed in your will or trust. Some assets pass to beneficiaries through other means. For example, your life insurance proceeds will not go through your will, but they are an important part of your assets. Ensuring that you have selected the correct beneficiary for your life insurance is a vital aspect of the estate planning process.

Other beneficiary-based estate planning tools may include property held with the right to survivorship, joint bank accounts, and retirement accounts. Although there is no one document to designate beneficiaries, you should ensure that all of the proper documentation is completed regarding each of these estate planning tools as soon as possible and update them as necessary.

Proper estate planning requires careful preparation and forethought. Our team at the Melissa Pearce & Associates, PLC can help you with this process. Contact us today for more information.