Resources
Frequently Asked Questions
Straight answers from our attorneys, grouped by practice area.
Your First Consultation
Is the first consultation free?
Yes. Every client starts with a complimentary consultation and a set fee, so questions are encouraged instead of billed. We review your situation, explain your options, and quote the flat fee for your plan before any work begins.
How much does an estate plan cost?
Most plans are prepared for a flat fee that we set with you at your first meeting. Half is due when we begin and the balance is due when your plan is delivered. There is no hourly meter, so you can contact your attorney with questions without watching the clock. The fee depends on what your family’s planning needs are, not a fee schedule, which is why we quote it in person rather than online.
What should I bring to my first meeting?
Bring your completed Estate Planning Workbook, a list of your major assets and how each is titled, and a copy of any existing will, trust, or power of attorney. If you own a business, bring your company agreement or bylaws. If you are coming about probate, bring the death certificate and the original will if you have it.
How do I schedule a consultation?
Call (512) 263-5400 or use our contact form. We reply by email with available dates, then send you a link to the Estate Planning, Probate or Business Workbook to complete before we meet.
Can we meet by Zoom?
Yes. You can meet with us in our Lakeway office or by Zoom. Some documents can be signed remotely, but under Texas law your Last Will and Testament must be signed in person, in wet ink, with proper witnesses, so signing takes place at our office where we supervise it. For questions about your specific situation, email info@tcslawgroup.com.
Do you work with clients outside Austin and Lakeway?
Yes. We serve families across Travis, Williamson, Hays, Burnet, and Llano counties, including Lake Travis, Horseshoe Bay, and Greater Austin. We prepare plans under Texas law, and some of our attorneys are also licensed in other states. See Our Team for each attorney’s licensing.
Do I need to find my own notary or witnesses?
No. We provide the notary and the witnesses at your signing meeting, so everything is executed correctly in one visit. If we need to come to you, we bring the notary and witnesses with us.
Will I have to go to court?
For estate planning, no. Wills and trusts are signed at our office. For probate, most Texas estates qualify for independent administration, which usually means one short hearing, and we attend with you. A well funded living trust can help your family avoid probate court altogether.
How long does it take to finish my plan?
Many clients design their plan at the first meeting. We then draft your documents and meet again to review them, and sometimes sign at that meeting, as soon as two weeks after we first meet. Most clients sign within two to four weeks. We finish with a homework meeting where we deliver your binder and walk through next steps for funding your trust and coordinating your assets and beneficiary designations. But this is your project, so we go as slow or as fast as you need us to.
What happens after I sign?
At your homework meeting we deliver your estate planning binder, explain how to fund your trust or retitle assets, and tell you who needs copies. We recommend reviewing your plan every few years and after any major life change, such as a marriage, a move, a new child, or selling a business.
General
What Does an Estate Planner Really Do?
In reality, comprehensive planning sits at the intersection of business law, real estate law, tax law, and probate strategy. An estate planner integrates all of these disciplines to create a durable legal structure around a client’s wealth and family. Read the full article
Should my estate plan really be this complex (long)?
One of the comments we often hear from clients is that they just want something simple. And yet when they review the estate plans we create for them, they often comment about how thorough and complete they are. Read the full article
Estate Planning
Do Texas Gun Owners Still Need a Gun Trust After the Recent NFA Ruling?
Congress enacted the National Firearms Act (“NFA”) in 1934, during the era of Prohibition and organized crime. The law targeted weapons associated at the time with gangsters and violent crime, including machine guns, short-barreled rifles and shotguns, and suppressors. Read the full article
What Happens to Airline Miles and Hotel Points When You Die?
Frequent-flyer miles and hotel reward points can represent thousands sometimes tens of thousands of dollars in value , yet they are often overlooked in estate planning. Unlike bank accounts, real estate, or investment portfolios, loyalty program points are governed by contract terms , not probate law. Read the full article
New to Texas?
You have finished unpacking. The kids are in school. You have located the grocery store, the vet and the post office. What is next? On the list needs to go the “Texas-sizing” of your estate planning documents including your Wills or Trusts, Guardian Appointments, Durable Powers of Attorney and Directive to Physicians (Living Will). Read the full article
Are baby boomers really the stingiest group when it comes to inheritances?
A recent article by Suzanne Wooley, published by Charles Schwab, suggests that according to survey data, the boomers are stingier when it comes to passing wealthy on to loved ones, at least while they are still alive. Read the full article
Who should know what about your estate plan?
If you have completed an estate plan, have you given much thought to how your intended beneficiaries will discover its location or contents? We are often asked about how much information should be shared with children or other beneficiaries. Read the full article
Moved to Texas … Should I update and “Texasize” my will or trust?
Recently released estimates from the U.S. Census Bureau show that Texas is now home to more than 30 million people, making Texas and California the only states to eclipse the 30 million mark. Population estimates also indicate that Texas added approximately 475,000 new residents between July 1, 2021, and July 1, 2022 alone. Read the full article
Will? Trust? Why Not Both?
In my initial conversations with new or prospective clients, I am often asked whether the client needs a will or a trust. As discussed below, these are not mutually exclusive estate planning techniques, and sometimes the answer is “both”. Read the full article
Family & Special Needs Planning
What is a Guardianship and When Do I Need One?
We often hear about guardianships or conservatorships in the news (for example, Brittany Spears and Jay Leno’s wife). So what is a guardianship and how do I know if I need one? Read the full article
Business Formation & Succession
How Does a Member Leave an LLC?
The owners of a limited liability company (LLC) are called members. At some point, an LLC member may find that they want or need to withdraw from the LLC. That member, as well as the other owners of the LLC, may wonder how to accomplish this. Read the full article
Could the federal estate tax be on the way out?
On February 13, 2025, Representative Randy Feenstra introduced the Death Tax Repeal Act. More than 170 representatives have reportedly agreed to support the bill, Speaker Johnson is on record as supporting it and in the Senate, Speaker Thune had 41 co-sponsors of the bill. Read the full article
I Want to Make a Distribution from my LLC, Now What?
This is often the first question I get after a client forms a LLC. A distribution from a limited liability company (LLC) is a payment of cash or property made by the LLC to the LLC’s members . Read the full article
How Does LLC Ownership Work?
The limited liability company (LLC) is a popular business structure for new businesses, but what does it reallymean to own an LLC? LLCs provide opportunities to customize business ownership to fit the specific circumstances of the owners. Read the full article
What Are the Benefits and Risks of Forming an LLC?
If you have decided to start a business and are researching the available business entity types, you may repeatedly come across the terms “limited liability company” and “LLC,” but you might not understand what it is or whether it is right for you. Read the full article
What Is a Business Succession Plan?
If you own a small business, developing your succession plan is a critical element of business planning. However, many business owners fail to appreciate the complexities and time involved in successfully transitioning a business. Read the full article
Changes Likely Coming to Estate Taxes?
President Biden recently revealed his 2024 budget bill. Not surprisingly, a lot of changes are being proposed to the taxes we pay, especially for the wealthy. Proposals in the budget include limiting the “step up in basis” for assets passed upon death, increased tax rates for the wealthy, and other increases. Read the full article
You Survived the April Tax 2022 Season. Did You Remember to File Franchise Tax Returns for Your LLCs?
Question 1: Does a Texas LLC need to file a Texas Franchise tax return each year, even in years when it has no (zero) gross income? Read the full article
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