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How Estate Planning Can Help Prevent Family Disputes After You Are Gone

No one thinks their family will end up in court. Still, even the closest siblings can disagree when a loved one passes away, especially if the estate plan is unclear, outdated, or worse… nonexistent. At The Law Office of Angela Odensky, we work with families every day to create estate plans that do more than distribute assets. They prevent confusion. They reduce tension. Most importantly, they protect relationships during a time that is already emotionally difficult. Many probate disputes begin with questions, not accusations. Why did Mom leave the house to one child and not another? Why was the will never updated after a remarriage? Why is the executor keeping secrets? These questions fester, turning grief into resentment and sometimes leading straight into litigation. The best way to prevent that? A clear, thoughtful estate plan. That means more than just a will. A full plan includes a revocable trust, powers of attorney, health care directives, and a structure that reflects your current wishes, not what you wrote down twenty years ago. It should also name backup trustees or personal representatives in case your first choice cannot serve. And, most of all, it should be communicated with your loved ones in advance, so no one is surprised when it matters most. We also help clients think through real-world dynamics. If one child is more involved in caregiving, should they receive compensation? If one sibling has financial struggles, how will that affect distribution fairness? These are the questions that stir up conflict when they are not addressed head-on. Keep in mind, planning is not about playing favorites, it is about creating clarity. It is about honoring your intentions in a way that leaves no room for misinterpretation. And yes, it is also about minimizing court involvement. Probate litigation is time-consuming, emotionally draining, and expensive. With a proper estate plan in place, many of these issues can be avoided entirely or at least handled quickly and calmly. You deserve to be remembered for your love, not for the legal mess left behind. At The Law Office of Angela Odensky, we believe in building plans that protect peace. And we are ready to help you create one that does exactly that.

Why Cleaning Out the Medicine Cabinet Is a Legal Safety Move Families Should Not Skip

At first glance, National Clean Out Your Medicine Cabinet Day may seem like a public health initiative, and it is. However, for caregivers and families supporting aging loved ones, it is also an unexpected window into legal planning needs. At the Law Office of Angela Odensky, we work with families every day who are navigating care decisions, organizing medications, and trying to piece together the story of a loved one’s health. In fact, you would be surprised how often that story begins in a cluttered medicine cabinet. The medicine cabinet may reveal expired prescriptions, duplicates, unlabeled pill bottles, these are more than just potential health hazards. They are signs that it is time to slow down, take stock, and check in on the bigger picture. Is someone properly managing medications? Are they safe at home? What happens if something changes suddenly? Do we have the right documents in place to support their care? That is where elder law comes in. We often talk about powers of attorney and health care directives as paperwork, but they are so much more. These documents are the bridge between what a person wants and how others are legally allowed to step in when help is needed. If someone becomes confused, forgets doses, or begins mixing medications by mistake, families must be ready to act, both legally and immediately. Cleaning out the medicine cabinet becomes a powerful prompt: Are the health care documents current? Has the designated surrogate or agent been told what is needed? Does everyone know where the paperwork is, and how to use it if something goes wrong? It is also a reminder that medication management is a caregiving red flag. If medications are unmanaged, it could be time to consider bringing in support or at least putting some safeguards in place, like medication reminders or trusted access through a health care proxy. A clean medicine cabinet does not solve everything, but it does signal readiness. And it tells us that someone is watching, caring, paying attention. Elder law works the same way. It is proactive, protective, and built to respond before things spiral into emergency mode. At the Law Office of Angela Odensky, we believe planning starts in the everyday moments. Tossing expired pills might seem simple. However, when it leads to a conversation about care, safety, and responsibility it becomes the start of something far more meaningful.

What Is the Most Talked About Advantage of a Revocable Living Trust in Texas?

When thinking about estate planning, you may have heard about revocable living trusts. Many people wonder whether this type of trust is right for them and what makes it such a popular choice. One of the biggest reasons families in Texas choose a revocable living trust is to avoid probate. But what does that really mean, and why is it such a significant advantage? At The Law Office of Angela Odensky, PLLC, we help clients understand how revocable living trusts work and whether they fit into their estate planning goals. While these trusts offer multiple benefits, the ability to bypass probate often stands out as the most talked-about advantage. Avoiding probate is often the most significant reason individuals choose a revocable living trust. Probate is the legal process of administering an estate after someone passes away, and in Texas, it can be time-consuming and costly. Assets held in a properly structured revocable living trust bypass probate, allowing heirs to receive their inheritance more efficiently and with greater privacy. Understanding how a revocable living trust works can help individuals and families make informed decisions about their estate plans. When assets are placed in a trust, they remain under the control of the trust creator (grantor) during their lifetime. The grantor can modify or revoke the trust at any time. Upon their passing, the designated successor trustee distributes the assets according to the trust’s instructions without needing court approval. A revocable living trust provides many additional benefits beyond avoiding probate. It can help maintain family privacy, streamline asset distribution, and reduce the burden on loved ones during a difficult time. For families with minor children or blended family dynamics, a trust offers greater control over how and when assets are distributed. Additionally, individuals who own property in multiple states can use a trust to prevent the need for separate probate proceedings in each jurisdiction. While a revocable living trust is a powerful estate planning tool, it is important to ensure it is properly funded. Assets must be retitled in the name of the trust to receive the full benefits of probate avoidance. Working with an experienced estate planning attorney helps ensure the trust is correctly structured and aligns with your overall goals. We are prepared to help you navigate these complex issues with empathy and expertise. Understanding the advantages of a revocable living trust can provide peace of mind for you and your loved ones. We know that effective communication with your virtual attorney is key to a successful legal experience. We aim to help you feel secure about these things with good estate and long-term care planning. Get in touch with us to chat more about this.

What Are the 5 Most Costly Estate Planning Mistakes in Texas

Estate planning is one of the most important steps you can take to protect your future and your loved ones. However, costly mistakes can put your legacy at risk and create unnecessary complications for your family. At The Law Office of Angela Odensky, PLLC, we help Texas families navigate estate planning with confidence, making sure their plans are legally sound and aligned with their goals. Understanding the most common mistakes can help you avoid them and make informed decisions about your estate. To begin, one of the costliest estate planning mistakes is failing to create one. Many people assume that estate planning is only for the wealthy or elderly. Without a valid estate plan in place, Texas law will determine how your assets are distributed, which may not align with your wishes. Proper planning ensures that you maintain control over your legacy and that your loved ones are protected. Next mistake is not updating your estate plan. As the years go by your life changes, and your estate plan should change with it. Major life events such as marriage, divorce, the birth of a child, or acquiring new assets require updates to your will, trust, or beneficiary designations. Failing to review and update your plan regularly can lead to unintended consequences. Another mistake is choosing the wrong executor or trustee. Your executor or trustee plays a critical role in carrying out your estate plan. Selecting someone who is not equipped to handle the responsibilities can lead to mismanagement, delays, or disputes among beneficiaries. It is essential to choose a trustworthy and capable individual or professional to manage your estate. Overlooking incapacity planning is another unfortunate mistake. Estate planning is not just about what happens after you pass away. If you become incapacitated due to illness or injury, having durable power of attorney and health care planning tools in place ensures that your financial and medical decisions are handled by someone you trust. Without these legal tools, your family may have to go through a lengthy and costly guardianship process. Finally, not thinking of your future and considering the impact of long-term care costs. Long-term care expenses can quickly deplete your assets if you are not prepared. Medicaid planning is an essential part of estate planning for many families in Texas. Without proper planning, you may face financial strain or difficulty qualifying for Medicaid benefits when you need them most. Working with an experienced estate planning attorney can help protect your assets while ensuring access to necessary care. We are prepared to help you navigate these complex issues with empathy and expertise. Taking proactive steps now can protect your loved ones, preserve your legacy, and provide you with peace of mind. We know that effective communication with your virtual attorney is key to a successful legal experience. We aim to help you feel secure about these things with good estate and long-term care planning. Get in touch with us to chat more about this.

Focus On: Probate – Law Office of Angela Odensky

Welcome to FOCUS ON, The Law Office of Angela Odensky’s quarterly newsletter designed to provide critical information you need to know to plan for your future for yourself and those you love most. This edition explores the many facets of probate law including what a probate attorney does, recent legislation, how to probate a will, how to avoid the probate process, and alternatives to probate. What is Probate Probate is the process by which property is transferred after the owner’s death. It is the general administering of a deceased person's will or the estate of a deceased person without a will. When there is a will, the probate process is simply one where a will is reviewed to determine whether it’s valid and authentic. When there is not a will, the probate process gives directions for how a person’s property should be distributed based on state law. The probate process calls for the gathering of all assets, paying debts of the estate, and distributing any remaining assets in accordance with an estate plan and the law. For assets that do not transfer by other legal means, such as a beneficiary designation or right of survivorship, assets such as homes, cars, bank accounts, etc. remain in the deceased's name and can’t be sold or accessed because there is no one who has the right to manage the asset. What is a Probate Attorney? A probate attorney is a state-licensed attorney who works with the executors of an estate to settle the affairs of the decedent. A probate attorney can assist the executor with: Determining inheritance, estate, and income taxes that may be due Identifying estate assets Collecting life insurance policy proceeds Paying debts and final bills Preparing/filing court documents Retitling of assets Property appraisals for real property As an experienced probate attorney Angela understands how difficult it can be to navigate the legal processes and settle the estate of a loved one. She is experienced in probating wills and easing the process of settling an estate as well as advising clients on the best ways to avoid costly probate in the first place. Probate Alternatives? Remember, property doesn’t pass automatically to relatives, heirs, or beneficiaries upon death. There must be a mechanism to identify the rightful beneficiaries, such as beneficiary designations or rights of survivorship. For instance, if you and your spouse own your home in Texas, when one spouse dies half of the home goes to the surviving spouse and the other half goes to the estate of the deceased spouse. Probate avoidance is something that is planned for upfront, prior to death. Consulting a probate attorney to create a plan for you will avoid probate, save money, and ease the burden on your beneficiaries. Probate Avoidance In Texas, there are several things you can do to avoid having your estate go through probate, including: A Revocable Living Trust - if you have a trust drafted and retitle your assets in the name of that trust, then the assets will be controlled by your Trustee when you die and will be distributed as you wish. Transfer on Death Deed and Beneficiary Designation for Motor Vehicle - a home can be transferred outside of probate by executing a Transfer on Death Deed, which acts like a beneficiary designation for a home. The Texas Department of Motor Vehicles offers a Beneficiary Designation for Motor Vehicle (Form VTR-121) that will transfer your vehicle outside of probate. DON'T BE A VICTIM Financial Abuse of Elderly: Texas House Bill 1156 The Texas House just passed HB 1156 which makes financial abuse of the elderly a crime. The law outlines what is considered financial abuse or exploitation of this vulnerable population. Financial exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or exerting undue influence by a party who has a relationship of confidence or trust with the victim. The new law goes into effect September 1, 2021. Creditors An executor is responsible for settling the debts of an estate, therefore family members should never pay any bills without discussing each one with the executor and a probate attorney. Executors have a fiduciary responsibility to verify bills are valid and to determine whether a bill should be paid or has already been paid or reimbursed by insurance. If they make a mistake and pay a bill erroneously or pay a bill twice, the executor must reimburse the estate for the error. Things to remember regarding creditors: Never pay any bills without consulting an attorney Let the executor handle the fiduciary responsibilities of bills Make certain that a bill has not already been paid or covered by insurance Fake Bills The pandemic has done nothing to slow down scams targeting the estates of deceased persons and their families. It is not uncommon for scammers to send a modest bill (usually under $500) to the estate of a deceased person as the tendency is to pay bills and finalize the estate’s financial obligations. Always verify the legitimacy of charges before writing that check. Funeral Homes By law, a reputable funeral home fully discloses all costs associated with a funeral and does not inflate costs excessively. Unethical funeral directors may significantly overcharge for items or entice you into buying packages with extra features you don’t want or need such as insisting upon purchase of a casket even if a loved one is being cremated or upselling a pricy casket they claim will preserve the body longer, which it won’t. Prepaid funerals, while a great choice to lessen stress upon your family have their own sets of problems. Regulations vary from state to state, but it is wise to be aware of cancellation policies and if your state protects you if the funeral home goes out of business or you move out of the state where the plan was purchased. Online resources can help guide you in the pre-planning or arrangement of funeral services: The Federal Trade Commission has online consumer guides to funeral costs and planning your own funeral: https://www.consumer.ftc.gov/articles/0070-shopping-funeral-services The Funeral Consumers Alliance, an association of nonprofit funeral-planning organizations, offers an online guide to understanding funeral home price lists: https://funerals.org/?consumers=how-to-read-a-funeral-home-price-list If you suspect you or someone you know is a victim of fraud, you may contact one of these groups for assistance: Consumer Financial Protection Bureau: 855.411.2372 FTC: 877.382.4357 AARP Fraud Watch Network Helpline: 877.908.3360 Angela Odensky explains Probate in easy-to-understand terms in a brief video. Watch HERE Additional Resources The Law Office of Angela Odensky has developed an extensive informational reference library to help you find answers regarding Probate, Elder Law, Estate Planning, Business Succession Planning, and Guardianship. Please check out our resources on our website or contact Angela Odensky at info@odenskylaw.com or 713.344.0730. She is here to help you navigate this confusing and complex world. Visit our website: https://odenskylaw.com/

When do you need a business succession plan?

The overriding answer is, in almost every conceivable case, always. Protecting your business and operations, and safeguarding future owners and heirs, should be a top priority when determining how your business will operate and under whose leadership when you are no longer the owner. You should review your business succession plan at least annually and when changes in tax laws, valuation, industry developments, or family dynamics have occurred. A business succession plan allows a business owner to hand over their business in the event of the owner’s exit due to any number of reasons including retirement, disability, or death and allows the business owner or owners to control what happens to the business. A properly developed plan for any type of business should have at a minimum a well drafted agreement including provisions regarding an owner’s exit and how it will be managed. If an operating agreement already exists without these provisions, it is possible to execute a buy/sell agreement to indicate the wishes of the owners/members/shareholders. One common misconception of business owners is that a business entity is separate from their personal estate. However, this isn’t the case, and you can’t ignore the impact that a business may have on your heirs upon your death. Even if a business is not being left to surviving heirs, it’s imperative that this is outlined clearly in your final plans. In the state of Texas, failure to plan properly will result in your last will and testament determining the disposition of your business interests. If you die without a will and no business succession plan, then your business interests will pass per Texas statute, and this may be far from what you envisioned for your life’s work. Regardless of who you wish to take the reins of your business upon your departure, there are several key things to determine at the onset of the planning process: Determine a timeline for when the succession should take place, either on a predetermined date or in the event of death or disability Select a successor: If no specific party has been identified consider family members or other potential candidates Document your standard operating procedures, including an organizational chart, employee handbook, operations manual, and any other recurring meetings or processes to help you determine qualified candidates Value your business, optimally engaging the assistance of a professional to establish your company’s worth Define a specific path outlining how a successor may purchase the business, including options such as life insurance, loan, or seller financing Once you determine who will be taking over your business and how that transfer will occur, it’s time to engage the expertise of a professional who can execute the proper paperwork to make sure that the business will seamlessly transfer to the intended new owner(s). To help you review or create a succession plan for your business, contact Angela Odensky at The Law Office of Angela Odensky at info@odenskylaw.com.

What is a business succession plan? – Law Office of Angela Odensky

In the simplest terms, a business succession plan allows a business owner to pass on leadership roles or to hand over their business in the event of an owner’s exit due to a variety of reasons including retirement, disability, or death — allowing the business owner(s) to control what happens to the business. Whether an owner chooses to leave his business to his family, key employees, or seek an outside third party to purchase, a clear-cut plan outlines the owner’s intentions and follows set wishes. A business succession plan for any type of business should have, at a minimum, a well drafted agreement including provisions regarding an owner’s exit and how it will be managed. If an operating agreement already exists without these provisions, it’s possible to execute a buy/sell agreement to indicate the wishes of the owners/members/shareholders. Ideally, the planning process should initiate at least five years before a planned retirement. In the instance of a non-planned exit of an owner due to death or physical or mentally disability, a business succession plan guides logistical and financial decisions regarding leadership and operations going forward. Factors involving business succession planning and strategy that go beyond transferring ownership include evaluating day-to-day operations, review of facilities and/or locations, analyzing the potential impact of business interruption, and a plan to protect data and infrastructure. What Happens Without a Plan? In Texas, if you do not have an agreement that outlines your exit plans, then a last will and testament will control the disposition of your business interests. If you die without either a will or a business succession plan, then your business interests pass per Texas statute. This could leave the future of your business in jeopardy, and may cause ongoing issues with surviving business owners and heirs. Safeguarding Your Business Assets Transitioning your business should be handled by an experienced third party who understands the nuances of this often complicated process and who can efficiently incorporate your exit strategy so that your business continues as you intend. Planning properly avoids common and some not so common scenarios that can make business succession difficult and cause unnecessary and costly delays and complications down the road. Contact Angela Odensky at The Law Office of Angela Odensky at info@odenskylaw.com to discuss your business succession strategy now.

Planning 101 – Law Office of Angela Odensky

Business succession planning can involve various legal vehicles and documents, as it is tailored to the type of business, ownership formation, existing succession documents, and the succession intent of current owners. There are multiple ways to plan for and legally guide your final succession plan to ensure that your wishes are observed. What documents do I need for business succession planning? Start with a well-drafted agreement that might include provisions regarding an owner’s exit and how it will be managed. This is true for any type of business entity. If an operating agreement already exists without these provisions, it’s possible to execute a buy/sell agreement to indicate the wishes of the owners/members/shareholders. What if I have an operating agreement in place, but it doesn’t address the exit of owner(s)? A well-drafted agreement for any type of business can include provisions regarding management of an owner’s exit. If an operating agreement already exists without these provisions, it’s possible to execute a buy/sell agreement to indicate the wishes of the owners/members/shareholders. How often should I review my business succession plan? You should review your business succession plan at least annually and certainly when changes in tax laws, valuation, industry developments, or family dynamics occur. What are some common ways to transfer ownership of a business? - Co-owner: Selling shares or ownership interests to an existing co-owner - Heir: Passing ownership interests to a family member - Key employee: Selling to a key employee - Outside party: Selling to an entrepreneur outside the organization - Company: For a business with multiple owners, ownership interests can be sold back to the company and distributed to remaining owners These are just some of the vehicles available to guide your succession strategy. An experienced and knowledgeable professional can help you explore options and make certain the proper paperwork governs your plans. Contact Angela Odensky at The Law Office of Angela Odensky at info@odenskylaw.com to ensure your business continues per your wishes.

All in the Family – Law Office of Angela Odensky

Only 30% of businesses get passed on to family upon the death of an owner — for many reasons including non-interest of family members, family members not skilled to run the business, or divergent opinions about how the business will be run and who will lead it. The most important consideration in any planning is the people involved and for small, family-owned businesses, it’s crucial to know whether the next generation is interested in carrying on the business. Establishing whether one or all children want to continue the business helps guide your plan and protect the interests of your heirs. With family businesses, a number of factors must be considered to protect the inherited asset. Planning helps to consider various scenarios such as whether one child wants to keep the business while others may desire a cash payout and what to do in the event that there isn’t money for a payout. A professional can help you address these issues as well as alert you to the benefits of sound succession planning including transferring a business to eager family members, with the following potential benefits: Minimizing tax costs Holding business assets in protected structures Continuing the cash flow to the business owner post succession Ensuring a successful transition of management to the family members With small businesses, planning early sets the stage for future succession and addresses possible pitfalls. For instance, consider a couple launching a brand-new business that they hope to pass on to their (currently) young children. Though their retirement may be many years in the future, the couple should plan now to protect their legacy. The following documents should be in place: An operating agreement Establish partners of the LLC Allowing for one child to assume business in the event that the other child(ren) no longer wish to be involved Obtain insurance policy on all owners Have buy-sell agreements Handing over the reins of a successful enterprise can be highly attractive for a business owner and the potential new owner, and choosing a family member(s) as your successor is a more viable option when children or other family members are already working within the organization. If you are considering succession for your business entity, timely planning with professional guidance can protect your business and its future. Contact Angela Odensky at The Law Office of Angela Odensky at info@odenskylaw.com.