Gary MacInnis, Attorney at Law

Centrally located in Austin Gary MacInnis will be your experienced professional adviser for Wills, Trusts, Powers of Attorney, Estate Planning and Administration, Probate, and the purchase or sale of Real Property or a Business.

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Firm Overview

Gary MacInnis is an attorney practicing in Texas since 1982. His major concentration is in the areas of wills, probate and real estate. He deals with legal issues of interest to the elderly. Gary MacInnis, Attorney at Law, is available to assist with all aspects of the administration of estates and trusts; as well as probate and ancillary probate proceedings. He will counsel clients about their options. He will prepare wills, power of attorney, and trusts. He will work closely with the client's tax advisors, or tax accountant to draft the documentation necessary to bring to fruition any plan to avoid taxes.

In the event of the death of a family member, Gary MacInnis will prepare all necessary documentation to handle the probate of the estate. He will be there to assist you in making the right choices for your situation. He is knowledgeable and experienced in probate court proceedings. He will represent you, and speak on your behalf before the court.

Upon completion of the court proceedings, he will record in deed records the court orders, judgments or probate deeds. He will follow through to assure that title is transferred to the heirs or beneficiaries of the deceased.

He will prepare the documents necessary to close the sale of real estate. He will attend the real estate closing. He will prepare the contracts, bills of sale, deeds, deeds of trust, promissory notes, for business transactions, for the sale of a residence or business, whether or not they are incidental to the probate of an estate.
Main Office

Austin office
700 Lavaca Street
Suite 1400
Austin  TX  78701

Phone
  • (512) 213-0460
Fax
  • (512) 614-1539

Other Offices

  • San Antonio
    1777 N.E. Loop 410
    San Antonio,  TX  78217
Probate
Gary MacInnis is an experienced Probate lawyer. He is certified by the State Bar of Texas as a Attorney ad litem for guardianship proceedings, in Probate Court. He has been involved in every type of probate court proceeding.
When a family member becomes incapacitated or dies, Gary MacInnis, Attorney at Law is available to assist with all aspects of the administration of estates and trusts; as well as probate and ancillary probate proceedings; all aspects of guardianships and conservatorships; trust administration and all types of estate and trust litigation. His complete legal services subsequent to a death include advising clients with respect to their rights and obligations as surviving spouses, trust beneficiaries or as fiduciaries of estates or trusts.

When a family member dies, and there are assets to be distributed to the beneficiaries or to the heirs, there are a number of different forms of legal redress. If the decedent dies without a will, the attorney will petition Probate Court for declaration of heirship. The declaration of heirship will make a legal determination and name the heirs of the deceased. If there is a will, the attorney will obtain letters testamentary, which authorizes the personal representative to act as agent of the deceased. If the estate is valued at less than $50,000.00, he can obtain a small estate affidavit. This is a valuable tool for small estates, because it is a less expensive procedure. The order admitting a will to probate as a muniment of title is a probate procedure that is unique to Texas law. If the decedent dies with a will, but there is no need for the administration of the estate, an order admitting a will to probate as a muniment of title is especially useful. This is especially useful when the only property left by the deceased is real estate. In many cases that will be sufficient to complete probate of the estate. Gary MacInnis is experienced and well qualified to employ any of these methods, and he will help you to choose the remedy that is the most appropriate for a certain estate.
Real Estate
Services include: Preparation of all the documentation needed for a seller or buyer to close a real estate transaction. Preparation of contracts, bills of sale, deeds, deeds of trusts, and promissory notes.
You can adroitly avoid probate by changing the title of real estate from tenants in common into joint tenants. This transfers title upon death to the other joint tenant, which may be your spouse, or any, or all of your children. The change in title to joint tenants will confer rights of survivorship on whoever you choose. You may use a deed to reserve a life estate for yourself, and convey the remainder to others. This means you will have exclusive right to the property until the time of your death, and at the time of your death title the remainder of the estate will pass outside probate, to whoever is designated on the deed. The deed can be a very effective estate planning tool.
Land trusts are a popular vehicle to take title to real estate for a real estate investor. The land trust provides privacy and lender protection, and it provides a means of avoiding the due on sale provision where the real estate is subject to a deed of trust.
The use of partnerships, limited partnerships, limited liability companies, corporations, and other business entities can be part of the estate plan. They avoid estate taxes and they can be used to avoid gift taxes if used effectively. The family limited partnership (FLP) is used to reduce the taxable value of the real estate that is conveyed into it. The limited partnership has a reducing effect on the value of the real estate due to the restrictions it places on transferring ownership. Also, the family limited partnership is a good gifting technique, because the donor transfers or assigns a share of the limited partnership, instead of a share of the real estate. Gary can prepare all the documentation necessary for the FLP as well as the transfer of the real estate into the FLP.
The preferred entity for holding investment in real estate is the limited liability company (LLC). It carries immunity from personal liability for the debts of the business. It is an important tool for asset protection. Gary MacInnis will prepare the limited liability company documents with appropriate language for the exact business that will be owned by the LLC. The LLC best suits the needs of the long term investor, someone who will hold the investment for more than one year.
An investor is given dealer status when he plans to turn a quick profit, and he holds the real estate for less than one year. “Dealer status” carries with it the loss of important tax advantages such as capital gains treatment on profits. In such cases Gary MacInnis will recommend the corporate form of business entity. The Dealer will minimize the negative tax impact, and receive asset protection from third party creditors by maintaining investment property in a corporation.

Estate Planning
Gary MacInnis will be on your team of experts of your choice to bring your estate planning to fruition. He will work closely with your accountant, certified financial planner, or tax professional to diminish the impact of taxes on your estate.
Gary will prepare deeds and other documents to assist you in your plan to avoid probate. Gary’s knowledge of real estate law will be helpful in the execution of your estate plan. Much of the estate plan can be carried out in a deed or a will. You can adroitly avoid probate by changing the title of real estate from tenants in common into joint tenants. This transfers title upon death to the other joint tenant, which may be your spouse, or any, or all of your children. The change in title to joint tenants will confer rights of survivorship on whoever you choose. You may use a deed to reserve a life estate for yourself, and convey the remainder to others. This means you will have exclusive right to the property until the time of your death, and at the time of your death title the remainder of the estate will pass outside probate, to whoever is designated on the deed. The deed can be a very effective estate planning tool.
Gary MacInnis, attorney at law, can assist you in areas referred to as elder law. He will obtain appointment of a guardian for the very elderly or disabled patient. He can answer your questions about long term health care insurance, housing, Medicare, and Medicaid. He can prepare a durable power of attorney for you, as well as your medical power of attorney, or living wills. He will prepare the last will and testament for you, or your elderly loved one. Gary MacInnis shall prepare a will that is custom designed to meet your needs, and fulfill your wishes for the distribution of your assets after death.
If Medicaid provides over $3,000 assistance for assisted living, or for nursing home care, Medicaid liens are filed against the property of the elderly recipient. The lien imposed against their personal residence will be collected by the state after their death. Gary will prevent the Medicaid lien by using an enhanced life estate, commonly referred to as a “Ladybird Deed.” This estate planning tool will avoid Medicaid liens, and the personal residence will pass outside the estate to the designated family members.
Gary MacInnis is knowledgeable about trusts and knows how to create a trust fund to protect your loved ones after you are gone. Gary will assist you in estate planning to avoid probate. He will draft your credit shelter trust, or by pass trust, to help you avoid federal estate taxes. He will prepare a spendthrift trust to avoid creditors’ claims after your death, as well as while you are still alive. Gary will prepare a testamentary trust, which is a trust that is included in the terms of a will. He will employ a contingent testamentary trust, in order to put a condition upon the beneficiary’s receipt of the funds. If a beneficiary has not reached a certain age, a trustee shall hold the funds until the beneficiary reaches that certain age. This will protect any underage beneficiaries that you choose to remember in your will. There are other conditions that can be used as criteria for creation of a contingent trust. Gary will prepare irrevocable trusts, including life insurance trusts, a qualified personal residence trust, grantor retained annuity trust (GRAT), spousal lifetime access trust (SLAT), and lifetime charitable trusts such as a charitable remainder trust, and charitable leads trust.

How did your firm decide on the primary area of practice(s)?

Probate is the legal process that determines the distribution of assets of the estate of a deceased person. It includes the issuance of documentation necessary to change title to property from the deceased to the distributees. He will assist you with wills, trusts, and filing a probate estate for your loved one. If you must go to probate he will give you qualified and expeditious service, and if you wish to avoid probate, he will help you to accomplish that goal.
Gary will prepare deeds and other documents to assist you in your plan to avoid probate. Gary'€™s knowledge of real estate law will be helpful in the execution of your estate plan. Much of the estate plan can be carried out in a deed or a will. You can adroitly avoid probate by changing the title of real estate from tenants in common into joint tenants. This transfers title upon death to the other joint tenant, which may be your spouse, or any, or all of your children. The change in title to joint tenants will confer rights of survivorship on whoever you choose. You may use a deed to reserve a life estate for yourself, and convey the remainder to others. This means you will have exclusive right to the property until the time of your death, and at the time of your death title the remainder of the estate will pass outside probate, to whoever is designated on the deed. The deed can be a very effective estate planning tool.
The Philosophy of our firm is to put our clients interest first. We assist the client in accomplishing what ever their goals are with respect to the distribution of their assets and avoidance of taxes.

What experience or education distinguishes your lawyers from others

Gary MacInnis has been a lawyer since 1974. He has over 31 years of experience in the practice of law in Austin, Texas. This is a wealth of experience which will benefit his clients in the course of his legal representation.

What distinguishes your law firm from others?

In addition to experience in the preparation of documents, Gary MacInnis is an experienced civil litigator. He can take you case, file it in court on a very short notice, and if appropriate have it heard by a judge on an order to show cause, which makes the client eligible for temporary injunctive orders in emergency situations.

Gary MacInnis

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