Question 1

What's the difference between a will and a revocable living trust?

Accepted Answer

A will only takes effect after you pass away and must go through probate, a public court process that can take months and cost thousands in fees. A revocable living trust, by contrast, allows your assets to transfer privately and immediately to your beneficiaries, bypassing probate entirely. During your lifetime, you maintain complete control and can modify or revoke the trust at any time. For most Texas families with real estate or meaningful assets, a trust-based plan offers significant advantages in privacy, speed, and cost savings for your heirs.

Question 2

How do estate planning and business organization work fit together?

Accepted Answer

If you own a business, your personal estate plan and your business documents aren't two separate problems. They're the same problem viewed from different angles. Your revocable trust should hold your membership interest. Your operating agreement should contemplate what happens on death or incapacity. Your business's succession terms and your trust's distribution terms need to tell a consistent story. Most estate planning attorneys stop at drafting the trust; most business attorneys stop at drafting the operating agreement. We handle both deliberately, so the two sides of your plan actually fit together.

Question 3

Can you help migrate my out-of-state LLC to Texas?

Accepted Answer

Yes. Statutory conversion ("domestication") is the cleanest path: the entity files a plan of conversion in its original state, then re-files as a Texas LLC. You keep the same EIN, bank accounts, and contract counterparties; the entity is the same legal person, just governed by Texas law. We coordinate with the original state's secretary of state for the withdrawal, prepare the Texas Certificate of Formation and new operating agreement, and handle the filings at both ends. Not every state allows statutory conversion; where it's unavailable, we can structure the migration via merger or dissolution-and-reformation. We'll walk you through which path fits your entity in a scoping call.

Question 4

Do I need an operating agreement if I'm a sole member?

Accepted Answer

Yes, and it matters more than most sole-member LLC owners realize. A written operating agreement reinforces the entity's separateness (important for liability protection), names successor managers if you're incapacitated or deceased, and integrates cleanly with your revocable trust, which should typically hold the membership interest. Texas law doesn't require one, but in practice a bank, lender, or insurance carrier will often ask for one before they'll work with the LLC. We draft sole-member operating agreements alongside trust planning for exactly this reason.

Question 5

How long does an engagement take?

Accepted Answer

A typical estate planning engagement runs 4-6 weeks from signed engagement letter to executed documents. A straightforward LLC formation is usually 2-3 weeks. Entity migrations and more complex matters can take 6-8 weeks depending on state-to-state coordination. The process begins with our discovery questionnaire (about 15-20 minutes), followed by our review and a strategy consultation. After that, we draft, you review, and we schedule a signing. We'll give you a clear timeline estimate after reviewing your intake.

Question 6

Do I need to come to an office for meetings?

Accepted Answer

No. Our practice is designed around your convenience. The discovery process is entirely digital, so you can complete your questionnaire from home at your own pace. Strategy discussions happen via video call or phone at a time that works for you. For estate planning, the only in-person meeting is the signing ceremony, which we can arrange at a location convenient to you in the DFW area, or we can coordinate remote notarization for certain documents if you're elsewhere in Texas. Business formation signings are typically handled electronically.

Question 7

What documents are included in a typical estate plan?

Accepted Answer

A comprehensive trust-based estate plan typically includes: a Revocable Living Trust (the centerpiece), a Pour-Over Will (to catch any assets not in the trust and name guardians for minor children), a Durable Power of Attorney (for financial decisions if you're incapacitated), a Medical Power of Attorney (for healthcare decisions), a HIPAA Authorization (so your agents can access medical records), and a Directive to Physicians (your end-of-life care wishes). If you own Texas real estate, we also prepare and record the deed transferring your property into the trust. If you own a business, we coordinate the trust with your operating agreement so the membership interest is properly titled.

Question 8

What happens after my documents are signed?

Accepted Answer

Signing is just the beginning. A trust needs to be "funded" and an entity needs to be implemented to work properly. For estate matters, this means retitling assets (real estate, bank accounts, investments, membership interests) into the name of your trust. For business matters, this means handling the state filing, obtaining the EIN if needed, and ensuring the registered agent and operating agreement are in place. We provide detailed post-signing instructions and remain available throughout implementation.

Question 9

Is my information kept confidential?

Accepted Answer

Absolutely. All information you share is protected by attorney-client privilege, one of the strongest confidentiality protections in our legal system. Your intake responses, documents, and communications are stored securely and never shared without your explicit consent. Unlike a will that becomes public record when filed with the probate court, a trust remains completely private. Your family's financial details, business structure, and wishes stay between us.

Texas Counsel for What You've Built & What's Next

Two Practice Areas, One Firm

Estate Planning

Business Organizations

Integrated Planning

The McGarvey Standard

Digital Intake

Strategy Review

Drafting & Refinement

Signing & Execution

Connor McGarvey, Founding Attorney

A Different Approach to Legal Counsel

We Take Care of Our Own

Your Time Respected

Strategic, Not Transactional

Clarity at Every Step

Common Questions

Insights & Essays

When to Form Your LLC: Before, During, or After Your Estate Plan

LLC, PLLC, or S-Corp: Picking the Right Texas Entity Structure

The Operating Agreement Is the Document That Actually Governs the Entity

Ready to Protect What You've Built?