Texas Attorney — Estate Planning, Real Estate, Business Law

Practical, business-focused legal counsel for Texas families, entrepreneurs, real estate investors, and out-of-state companies expanding into Texas. The Law Offices of Michael J. Holmes, PC provides Texas clients with experienced representation in estate planning, real estate, business law, and. Michael J. Holmes is licensed in Texas, California, Idaho, Washington, and North Carolina — a combination that serves both Texas natives and the constant flow of new arrivals from higher-tax states.

Texas office: (469) 535-6260

---

How We Serve Texas Clients

Texas combines no state income tax, the Texas Business Organizations Code (one of the most modern and flexible business statutes in the country), constitutional homestead protections that are among the strongest in the United States, and a pro-business judicial culture. The state has been the leading destination for both corporate relocations and individual moves for over a decade. The result is an enormous volume of cross-border legal work: California companies opening Texas offices, Texas family members buying out-of-state property, and Texas business owners structuring operations across multiple jurisdictions.

Our four core practice areas in Texas are summarized below.

Texas Estate Planning

Wills (Texas recognizes both attested wills and, with strict formality, holographic wills), revocable living trusts (a powerful tool to avoid Texas’s otherwise reasonably efficient but still public probate process), durable powers of attorney, medical powers of attorney, directives to physicians, special needs trusts, and gun trusts. Texas has no state estate or inheritance tax. Texas’s independent administration of estates, where elected in the will, is one of the most efficient probate frameworks in the country — but it must be elected correctly.

Texas Real Estate

Commercial and residential real estate transactions, purchase agreements, commercial and ground leases, oil & gas leases (a uniquely Texas issue with its own body of law and form documents), 1031 tax-deferred exchanges, real estate development, lender representation, and title issues. Texas’s strong constitutional homestead protections under Texas Property Code Chapter 41 shield up to 10 urban acres (or 200 rural acres) of homestead from most creditors — a critical planning consideration.

Texas Business Law

LLC and corporation formation under the Texas Business Organizations Code (TBOC), operating and shareholder agreements, S-Corporation tax elections, partnership and joint venture agreements, contracts, non-compete agreements (enforceable in Texas if reasonable in time, geographic area, and scope of activity and supported by an otherwise enforceable agreement under Bus. & Com. Code § 15.50), acquisitions, and franchise representation. Texas also has a specialized Business Court division for complex commercial matters.

Texas

Divorce, community property division under the Texas Family Code, spousal maintenance under Chapter 8 (with eligibility thresholds and a cap of the lesser of $5,000 per month or 20% of the obligor’s gross monthly income), child custody under the standard possession order framework, child support, prenuptial agreements, and modifications. Texas requires a sixty-day cooling-off period between filing for divorce and entry of the final decree.

---

Why Multi-State Counsel Matters in Texas

Texas is the destination state for many of the people and companies moving out of California, Washington, and other higher-tax jurisdictions. We frequently work with:

• California or Washington residents relocating to Texas who need their existing estate plans, business entities, and prenuptial agreements re-evaluated under Texas law.
• Out-of-state companies opening Texas offices, who must register as foreign entities, comply with Texas employment and regulatory rules, and structure operations for Texas tax efficiency.
• Texas business owners with operations or investment properties in California, Idaho, Washington, or North Carolina.
• Texas families with property in multiple states who need probate-avoidance planning that works across state lines.

---

Texas Legal Landscape — Quick Reference

• No state income tax. No state estate tax. No state inheritance tax.
• Community property state. Property acquired during marriage is presumptively 50/50.
• Constitutional homestead protections shield 10 urban / 200 rural acres of homestead from most creditors.
• Texas Business Organizations Code (TBOC) governs LLC, corporation, and partnership formation.
• Non-competes enforceable if reasonable in time, geographic scope, and activity under Bus. & Com. Code § 15.50.
• Independent administration of estates available when properly elected in the will.
• Strong oil & gas legal framework with established lease forms and case law.
• 60-day divorce cooling-off period.

---

Schedule a Texas Consultation

Whether you are an existing Texas resident, a recent arrival, or an out-of-state client with Texas property or business interests, we can help. Initial consultations are confidential and obligation-free.

Texas: (469) 535-6260

Our other offices:
Idaho (208) 696-2772 · Southern California (714) 464-5188 · Northern California (707) 207-8005 · Washington (206) 279-4780 · North Carolina (919) 363-9945

---

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by visiting this page. You should consult with a qualified attorney regarding your particular circumstances before making any legal decisions.