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    Practice Areas

    Estate planning and business organization work, practiced deliberately and together, because the clients we serve usually need both.

    For Families

    Estate Planning

    Revocable trusts, wills, and incapacity planning for Texans who want to protect what they’ve built and make things simpler for the people they love.

    Revocable Living Trusts

    The Foundation of Modern Estate Planning

    A revocable living trust is the cornerstone of an effective estate plan. Unlike a will, it allows you to maintain complete control of your assets during your lifetime while ensuring a seamless, private transfer to your beneficiaries after death, without the need for probate court.

    Key Benefits

    • Helps your family avoid probate in most circumstances, reducing administrative burden, time, and cost
    • Maintain privacy (trusts are not public record)
    • Retain full control during your lifetime
    • Smooth succession if you become incapacitated
    • Flexible: can be amended or revoked at any time

    Ideal For

    Texans who own real estate, a business, or simply prefer a private, streamlined estate process.

    Pour-Over Wills

    The Safety Net for Your Trust

    A pour-over will works in tandem with your living trust. It acts as a backstop, directing any assets that were not transferred into your trust during your lifetime to "pour over" into the trust upon your death. It also allows you to designate guardians for minor children.

    Key Benefits

    • Names guardians for minor children
    • Captures forgotten or newly acquired assets
    • Ensures all assets flow into your trust
    • A straightforward document designed to complement your trust

    Ideal For

    Anyone with a living trust, especially parents of minor children.

    Incapacity Planning

    Protecting You When You Cannot Speak for Yourself

    Incapacity planning documents allow someone you trust to make financial and medical decisions on your behalf if you become unable to do so. This helps avoid the need for a court-appointed guardianship and ensures your wishes are respected.

    Includes:

    • Financial Power of Attorney
    • Medical Power of Attorney
    • HIPAA Release
    • Directive to Physicians (Living Will)

    Key Benefits

    • Appoint trusted agents for financial and medical decisions
    • Helps avoid the need for a court-appointed guardianship
    • Specify your healthcare preferences
    • Grant access to medical records (HIPAA authorization)

    Ideal For

    Everyone age 18 and older. Incapacity planning is not just for the elderly.

    Texas Real Estate Deeds

    Transferring Property Into Your Trust

    Once your trust is created, your Texas real estate must be formally transferred into the trust through a properly prepared and recorded deed. We prepare and record Warranty Deeds or Deeds Without Warranty to ensure your property is correctly titled in the name of your trust. For clients who prefer to retain certain lifetime rights while avoiding probate on specific properties, we also offer Enhanced Life Estate Deeds (Lady Bird Deeds) where appropriate.

    Key Benefits

    • Ensures property avoids probate
    • Maintains homestead protections
    • Simple transfer, no refinancing required
    • Properly recorded with the county

    Ideal For

    Anyone with a living trust who owns real estate in Texas.

    Integrated Planning

    When Estate and Business Work Together

    When your trust holds the membership interest in your LLC, your operating agreement needs to contemplate the trust. When you migrate an out-of-state entity into Texas, your estate plan's references to that entity need to be updated. When a founder contributes IP to a company, the estate plan needs to reflect what's individual and what's entity-owned. Most clients who engage us on both tracks get one integrated strategy — drafted as a single coherent set of documents, not two unrelated engagements.

    For Entrepreneurs

    Business Organizations

    LLC formation, operating agreements, and entity migrations — drafted the way an estate planner drafts: built to last, built to coordinate with the rest of your plan.

    LLC Formation

    A Foundation Built for Long-Term Ownership

    We form Texas LLCs structured to actually work: proper registered agent, thoughtful operating agreement from day one, and a member/manager structure that fits how you'll really operate. No filing-mill output. We treat formation as the first chapter of an ownership plan, not a checkbox.

    Key Benefits

    • Texas Certificate of Formation prepared and filed
    • Registered agent coordination
    • EIN guidance and initial compliance checklist
    • Optional integration with revocable trust ownership from day one

    Ideal For

    Founders, investors, real estate operators, and non-professional operating businesses that want the entity done right the first time.

    PLLC Formation

    The Professional Variant of an LLC, Done Correctly

    Texas law requires licensed professionals (physicians, dentists, architects, engineers, CPAs, attorneys, therapists, veterinarians, and others) to form a Professional Limited Liability Company rather than a standard LLC. We handle the Texas PLLC formation, confirm the professional-licensing requirements that apply to your field, and draft an operating agreement that contemplates member-license changes and professional liability separately from commercial liability.

    Key Benefits

    • Texas Certificate of Formation for a Professional Entity
    • Coordination with the relevant Texas licensing board requirements
    • Operating agreement with professional-licensing provisions
    • Registered agent and EIN guidance

    Ideal For

    Texas-licensed professionals starting or restructuring a solo or group practice.

    Operating Agreements

    The Document That Actually Governs the Entity

    The operating agreement is where the real decisions live: management structure, member contributions, distributions, transfer restrictions, and what happens on death, incapacity, or exit. We draft single-member and multi-member agreements tailored to the actual business, not pulled from a template library.

    Key Benefits

    • Clearly defines member rights, duties, and decision authority
    • Integrates with estate plan when trust is the member
    • Sets explicit terms for transfers, buyouts, and succession
    • Reinforces the entity's separateness for liability protection

    Ideal For

    Any LLC or PLLC owner (sole-member or multi-member) who wants the entity's governance to match the real plan.

    S-Corp Tax Elections

    A Tax Posture Change, Handled Alongside the Legal Work

    An S-corp is not a separate entity, it's a tax election. A Texas LLC or PLLC files IRS Form 2553 and is taxed as a small-business corporation going forward. The election has eligibility rules (one class of equity, 100-member cap, U.S.-person members, reasonable compensation discipline) and it only makes sense in certain distribution patterns. We draft the operating-agreement language the election requires, prepare the Form 2553 filing, and coordinate with your CPA on ongoing compliance.

    Key Benefits

    • Form 2553 preparation and filing
    • Operating agreement language tailored to S-corp eligibility
    • Framework for evaluating whether the election is favorable for your situation
    • Coordination with your CPA for 1120-S compliance

    Ideal For

    LLC and PLLC owners with consistent distribution patterns whose tax posture would benefit from an S-corp election.

    Entity Migration

    Bringing an Out-of-State LLC Home to Texas

    If your LLC was formed in another state and your center of operations is now Texas, statutory conversion (domestication) is usually the cleanest path. The entity keeps its EIN, bank accounts, and contracts; it becomes a Texas LLC governed by Texas law. We coordinate the out-of-state withdrawal, prepare the Texas filing, and draft a new Texas-law operating agreement.

    Key Benefits

    • Same EIN, same bank accounts, same contracts preserved
    • Governed by Texas law going forward
    • New Texas-law operating agreement drafted alongside
    • Coordinated filing with both secretaries of state

    Ideal For

    Owners of New Mexico, Delaware, Nevada, or other out-of-state LLCs who now operate primarily in Texas.

    Membership Interest Transfers

    Moving Ownership Into a Trust, or Between Owners

    Whether you're assigning your LLC membership interest into your revocable trust, transferring a percentage to a co-owner, or documenting a founder's IP contribution to the entity, the paperwork needs to match the entity's governing documents and your broader estate plan. We draft assignments, consents, and amended operating agreements as a clean set.

    Key Benefits

    • Properly documented assignments and transfer consents
    • Amended operating agreements where ownership tables change
    • Coordination with your trust and pour-over will
    • Records for the entity's minute book

    Ideal For

    Owners integrating an LLC into an estate plan, bringing on a partner, or documenting capital contributions.

    Our Scope of Practice

    To maintain the highest quality of service, we focus on the practice areas above. The following are outside our scope, and we are happy to refer you to qualified specialists.

    Advanced Tax Planning

    Irrevocable life insurance trusts, GRATs, or complex dynasty trusts

    Offshore Asset Protection

    International trusts or foreign tax reporting

    Medicaid Planning

    Strategies to qualify for government benefits

    Complex Business Disputes

    Shareholder, partnership, or membership-interest litigation

    Securities Offerings

    Reg D private placements, investor solicitations, or registered offerings

    Ready to Get Started?

    Begin with our discovery questionnaire: estate, business, or both. We'll personally review every submission.

    Get Started

    Every inquiry receives a personal response within one business day.

    McGarvey Law

    Texas estate planning and business organization counsel for families and entrepreneurs. Revocable trusts, wills, LLCs, operating agreements, and entity migrations. Integrated when both matter, standalone when only one does. Serving the Dallas-Fort Worth Metroplex and greater Texas.

    Serving families and entrepreneurs in Dallas, Fort Worth, Plano, Frisco, McKinney, Arlington, Irving, and communities throughout North Texas.

    Proudly serving Texas families and entrepreneurs

    Estate Planning

    • Revocable Trusts
    • Wills & Pour-Over Wills
    • Powers of Attorney
    • Texas Real Estate Deeds

    Business Organizations

    • LLC Formation
    • Operating Agreements
    • Entity Migration
    • Membership Transfers

    Contact

    • Dallas-Fort Worth, Texas
    • Virtual Practice | By Appointment
    • support@mcgarvey.attorney

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    Responsible Attorney: Connor McGarvey, Texas Bar No. 24126967

    McGarvey Law is a law firm licensed to practice in the State of Texas. The information on this website is for general informational purposes only and does not constitute legal advice. Viewing this website or submitting an intake form does not create an attorney-client relationship. An attorney-client relationship is only formed upon the signing of a written engagement letter and payment of the agreed-upon fee.

    Estate planning is not a recognized specialty area by the Texas Board of Legal Specialization. Results vary based on individual circumstances.