<![CDATA[Lisa Zintsmaster Bradford

<![CDATA[Lisa Zintsmaster Bradford - Blog]]>Fri, 18 Sep 2026 17:42:52 -0700Weebly<![CDATA[Are Your Wills Up-To-Date and Meeting Your Needs?]]>Fri, 18 Sep 2026 07:00:00 GMThttps://www.bradfordtexaslaw.com/blog/are-your-wills-up-to-date-and-meeting-your-needsHave you looked at your wills lately? When was the last time they were updated? Do they currently meet your estate needs? When it comes to estate planning, it’s important to regularly review and update your wills to ensure that they accurately reflect your current wishes and needs.

How Often Should I Review My Will?

If you haven’t looked at your will in a while, now is a good time to do so. Wills should be reviewed at least every 5 years or immediately after major life changes. These life changes include, but are not limited to: new children, new grandchildren, marriage, divorce, and death. It’s crucial to keep your will updated to reflect these changes

Take the time to review your will and consider whether it still reflects your current goals. Are your beneficiaries still the same? Has your financial situation changed? Are there any new assets or liabilities that you need to consider? Make sure that your beneficiaries are still the people you want them to be, that they are in the right proportions, and that all of your assets and liabilities are

What Happens if I Don’t Have an Updated Will?

Having an updated will is an important part of estate planning to ensure that your wishes are respected after you pass away. Without an up-to-date will, your assets may not be distributed according to your wishes, and they could even be subject to unnecessary and burdensome probate court proceedings. Additionally, if you do not have a will in place, it can cause confusion and conflict among family members who are trying to divide up your estate. It is important to keep an updated will so that you can ensure that your final wishes are respected.

How Can I Update My Will?

When it comes to creating or updating a will, it’s important to seek the guidance of an attorney. An experienced attorney can help you navigate the complex laws and regulations that govern wills and estates. While there are online resources and do-it-yourself kits available, an attorney can provide you with the expertise and personalized attention you need to ensure that your will is legally valid and accurately reflects your wishes.

]]><![CDATA[You’ve Decided to Get a Divorce: Here’s What You Need to Do Now]]>Mon, 17 Aug 2026 07:00:00 GMThttps://www.bradfordtexaslaw.com/blog/youve-decided-to-get-a-divorce-heres-what-you-need-to-do-nowEnding a marriage is a difficult decision for anyone to make, and there is no such thing as a simple divorce. It’s important to know that there are many actions you can take to help you through the process and make it as smooth as possible. Here are the first steps you need to take once you’ve made the decision to get a divorce.

You’ve Decided to Get a Divorce cover photo

Keep Communication Polite and Brief

During a divorce, emotions are heightened, and conversations can get heated. People often say things they don’t mean and would never say before, and they are eventually held responsible for what they say in court. It is best to limit conversations to being polite, brief, and informational until the situation deescalates. Consider if a cool-down period is needed before communicating with your ex. You must understand that anything you say or put in writing must be able to be blown up in a courtroom in front of 12 strangers. Keeping communication cordial and limited is the best way to prevent your words from being used against you in court.

Discontinue Any Social Media

Social media can be very damaging to parties during a divorce. Anything you share online can be held against you in court, and something that may seem harmless to post in the moment can be used later on to the opposing party’s advantage. Additionally, posting online can further escalate the emotions of both parties. It’s best to limit or completely discontinue any social media until the divorce is finalized to avoid any unintended consequences.

Inventory All Assets and Document Children’s Needs

Create a spreadsheet of everything you currently own and think you may own. If you have children, you will need to document all of the children’s needs. This includes the children’s preferences, schedules, and routines. It’s important not to speak negatively about the other parent in front of the children, as this only hurts the children and makes them question their own self-worth. Parents must put their children first and do absolutely everything in their power to keep the children’s lives and schedules the same. Divorces can be very traumatic for the children involved, and both parents need to put the children’s wellbeing ahead of their own needs.

Try to Come to an Agreement

A divorce is different from any other lawsuit. It is a snapshot in time of an estate, with or without minors. The more you fight, the less estate there is to divide up. Legal counsel are generally the only ones who benefit from ongoing conflict because their fees rise. If two parties work together to come to a mutual agreement, it is going to be best for both clients and can save them a substantial amount of time and money.

Hire an Attorney

During the divorce process, hiring an attorney will generally save you time and money in the long run. Your attorney will help with the legal proceedings, paperwork, and any negotiations with your spouse to reach an agreement. It’s important to find a reputable attorney who will advocate for your needs and keep your best interests in mind to help you achieve the best possible outcome and move forward with your life.

]]><![CDATA[Exit Planning for Closely Held Companies]]>Fri, 17 Jul 2026 07:00:00 GMThttps://www.bradfordtexaslaw.com/blog/exit-planning-for-closely-held-companiesStarting a new business is an exciting time, filled with the promise of potential success and growth. However, amidst this excitement, it’s crucial not to overlook the importance of creating a well-thought-out exit strategy. While nobody wants to think about a business ending at its outset, it's essential to acknowledge the inevitability of future events—such as disagreements among owners, the passing of an owner, or the complexities of a divorce—that may lead one owner to pursue an exit. The process of getting out of ownership interest in a closely held corporation must be decided at the inception of the company. In this blog post, we'll explore the necessity of planning for these events from the beginning, focusing on the significance for closely held companies.

Characteristics of Closely Held Companies

Closely held companies refer to privately owned businesses where a small number of individuals hold a significant portion of the ownership or control. These businesses are characterized by a limited number of shareholders or members, and they present unique challenges for exiting owners. Examples include Partnerships or Limited Liability Companies (LLCs), which often operate under non-transferrable agreements. These agreements require a majority or unanimous decision for any member to enter or exit, making it challenging to leave without a solid exit plan in place.

Additionally, unlike publicly traded companies, where shares have a clear and measurable value on the open market, determining the value of a closely held company is more intricate. This complexity, combined with the non-transferrable nature of agreements, makes exiting difficult without proper planning. Failing to address these intricacies in the operating agreement can prevent a smooth exit and pave the way for potential legal disputes.

The Importance of Early Planning

These characteristics demand a well-thought-out approach when it comes to planning for ownership changes to avoid future complications. Crafting an exit strategy at the inception of the business allows owners to anticipate potential changing events and create a roadmap for navigating them. Proactive planning protects the interests of all partners and minimizes disruptions to the business in times of transition. Including a clause in the operating agreement outlining how each owner's interest will be handled in the event of an exit is crucial to averting ambiguity and disputes among remaining owners.

Capital Accounts: The Key to Fair Valuation

In closely held companies, establishing and maintaining an accurate capital account is in the best interest of all owners. A capital account reflects each partner's contributions to the business during their ownership tenure. Regular updates, especially at the year-end, ensure that the account accurately represents the value of each partner's stake. This information not only safeguards against potential legal disputes but also becomes instrumental in determining the equitable financial outcome when an owner decides to exit.

Seek Legal Guidance

In conclusion, the creation of a comprehensive exit strategy for closely held companies is necessary to protect the owner's interests and avoid future legal disputes. Seeking guidance from an experienced attorney ensures not only legal compliance but also the development of a plan tailored to the unique needs of your businesses. Proactively addressing potential challenges through early planning and legal foresight positions your business for sustained growth and stability, even in the face of unforeseen events.

]]><![CDATA[Understanding the Process of Discovery in a Civil Lawsuit in Texas]]>Wed, 17 Jun 2026 07:00:00 GMThttps://www.bradfordtexaslaw.com/blog/understanding-the-process-of-discovery-in-a-civil-lawsuit-in-texasIn Texas civil litigation, the discovery process is a pivotal step for gathering evidence, clarifying facts, and ensuring a fair resolution to legal disputes. Precision and diligence are crucial for attorneys and clients navigating this phase to build a strong case. This post sheds light on the discovery process's importance and key components in a Texas civil lawsuit.

The Purpose of Discovery

Discovery is a pre-trial phase during which parties involved in a civil lawsuit exchange information and evidence relevant to the case. Its primary goals are to avoid surprises at trial, encourage settlement negotiations, and promote the efficient and fair resolution of disputes. Texas law provides various mechanisms for discovery, each serving a specific purpose in the legal proceedings.

Levels of Discovery in Texas

Outlined in the Texas Rules of Civil Procedure, the Discovery Control Plan categorizes all civil lawsuits into three levels, each governing the scope and limitations of the discovery process.

Level 1 (Rule 190.2): Applies to suits governed by the expedited actions process in Rule 169 and divorces where the marital estate's value is less than $50,000, excluding cases involving children. Discovery begins upon filing and persists for 180 days after the first discovery request. Limits include six-hour oral depositions (extendable to ten). Interrogatories, requests for production, and requests for admissions are capped at 15 each.
Level 2 (Rule 190.3): Encompasses all suits not governed by Level 1 or Level 3. Discovery starts at filing and persists until 30 days before the trial date in family law cases or, in other cases, until the earlier of 30 days before the trial date, nine months after the first oral deposition, or the due date of the first response to written discovery. Oral depositions are capped at 50 hours and there is a maximum of 25 interrogatories.
Level 3 (Rule 190.4): Ordered by the court based on specific circumstances. Allows tailored discovery plans, emphasizing a prompt court response. It may modify existing limitations and must include trial or conference dates, a defined discovery period, limits on discovery, and deadlines for crucial actions.

Key Components of Discovery

People having a discussion in a courtroom

Initial Disclosures: Parties must provide initial disclosures at the lawsuit's outset, including information about potential witnesses, relevant documents, and applicable insurance agreements. Disclosures must be provided within 30 days after filing the first answer or general appearance, or within 30 days after being served or joined, unless a different timeframe is established by a mutual agreement or a court order. As of September 1st, 2023, the Texas Legislature no longer requires initial disclosures for all family law cases.
Written Discovery: Written discovery tools, such as interrogatories, requests for production, and requests for admissions are crucial for gathering information. Request limitations vary by discovery level.
Oral Depositions: Oral depositions involve questioning witnesses under oath, providing an opportunity for parties to assess credibility and gather additional details beyond written responses. Texas imposes specific time constraints on the duration of oral depositions at each discovery level to ensure a focused examination.
Expert Witnesses: Identifying and designating expert witnesses is a crucial component of the discovery process, as these professionals significantly enhance the court's understanding of complex issues. Parties must adhere to the rules governing their selection.
Mediation: While not a direct part of the discovery process, most Texas courts require parties to participate in formal mediation to explore settlement options before proceeding to trial. If an agreement is reached, it is filed with the court. However, if the parties cannot reach an agreement, the case proceeds to trial.

Partner With a Skilled Attorney for Civil Litigation

Navigating civil litigation in Texas demands a strategic approach, particularly during the crucial phase of discovery. Having a seasoned attorney by your side is not just a strategic move; it's a necessity. Partnering with a skilled attorney who understands the nuances of the Texas legal system can significantly impact your case. Your attorney becomes your advocate, uncovering crucial evidence during discovery, presenting your case effectively, and skillfully negotiating on your behalf. Should mediation fail to yield an agreement, your attorney will become your advocate in the courtroom. As you face the challenges of civil litigation in Texas, a trusted legal ally can be the key to achieving a favorable resolution and safeguarding your interests.

]]><![CDATA[Is a Trust the Best Estate Planning Tool for You?]]>Sun, 17 May 2026 07:00:00 GMThttps://www.bradfordtexaslaw.com/blog/is-a-trust-the-best-estate-planning-tool-for-youMany clients come into my office wanting to set up a trust. In the state of Texas, trusts are a common tool that clients use to protect their assets. Trusts can be an excellent estate planning device, but they are not the best option for everyone.

What Is a Trust?

A trust is part of an estate plan. A trust is a fiduciary agreement that ensures that an individual’s assets will go to specific beneficiaries. One party, known as the trustor, gives a third party, known as the trustee, permission to hold assets on behalf of a beneficiary. Trusts allow individuals to direct how they want their assets to be distributed to beneficiaries in the event of their death.

Who Benefits From a Trust?

Trusts can benefit a variety of people, depending on their unique goals. A general rule of thumb is that if you have enough money to live on until you’re 99 years old and you have $5 million left over, a trust is definitely a good choice to avoid inheritance tax issues. Trusts can also benefit individuals whose specific goals include wanting to keep a property separate without commingling it into any type of community estate.

Which Type of Trust is Best?

There are several different types of trusts, such as revocable, irrevocable, living, and testamentary. The best type of trust to choose varies depending on a variety of factors. These factors can include individual goals, age, disabilities, or desires to keep businesses and income as separate property. Additionally, a trust may need to be reformed during an individual’s lifetime as life goals and circumstances change.

How Do I Know if a Trust is the Right Tool for Me?

There are many other tools available for estate planning, such as family partnerships, limited liability companies, corporations, and wills. The right estate planning tool depends on your unique needs and goals. The best way to determine which tool is right for you is to meet with an experienced attorney who can assess your specific situation.

]]><![CDATA[How Do I Protect My Separate Property in a Community Property State?]]>Fri, 17 Apr 2026 07:00:00 GMThttps://www.bradfordtexaslaw.com/blog/how-do-i-protect-my-separate-property-in-a-community-property-stateNobody goes into a relationship expecting it to end, but statistics show that the majority of people will have multiple marriages in their lifetime. In the event of a divorce, property will be divided amongst the two spouses. How that property is divided will depend on whether it is separate or community property.

Separate vs. Community Property

Separate property is any property owned by an individual spouse prior to marriage, or received by gift or inheritance and cannot be awarded to a spouse in a divorce. Community property is the equal ownership of assets between a married couple. In a divorce, separate property will be given to one spouse that can prove ownership, and community property will be divided amongst both spouses as per equity decided by a Judge. All assets acquired during a marriage are presumed community property. This presumption is rebuttable by evidence of the nature of the property or agreement between the spouses.

It Is Important to Have a Plan to Keep Your Property Separate in the Event That a Divorce Occurs.

Best Ways to Keep Your Assets Separate

You can create a plan to keep your property separate before, during, or after marriage. A prenuptial agreement, or prenup, is a contract signed by two people prior to marriage. The document outlines what each spouse owns before the marriage, and the spouses agree that the property will always remain separate. Another option is to create a trust or form a corporation prior to marriage and put property into those devices.

A postnuptial agreement, or postnup, is a contract signed by two people after entering a marriage. Married couples agree on what is each person’s separate property. The key difference between a prenup and a postnup is timing. A prenup is agreed upon before marriage, while a postnup is completed during or after marriage. Utilizing one of these devices will ensure that each spouse’s property remains separate during a divorce.

The Importance of Keeping Property Separate

For couples living in the State of Texas, it is important to understand that property acquired during a marriage will be considered community property unless the couple has set up an agreement that specifies otherwise. It is possible to go back and trace all transactions from the beginning of a marriage to determine what property is separate, but this tracing must be completed by an expert.

If a plan has not been established for keeping property separate, it is critical that all documents and transactions regarding the separate property are kept from all accounts from the date of marriage until the date of divorce so that the presumption of community property can be rebutted. Consulting with a qualified attorney can help ensure your separate property is properly identified, documented, and protected under Texas law.

]]><![CDATA[Modifying Child Support Orders in Texas: When and How to Seek Changes]]>Tue, 17 Mar 2026 07:00:00 GMThttps://www.bradfordtexaslaw.com/blog/modifying-child-support-orders-in-texas-when-and-how-to-seek-changesChild support orders in Texas are established to ensure the financial well-being of dependent children when their parents separate or divorce. However, life is unpredictable, and circumstances can change significantly after a child support order is put in place. When these changes occur, it's important to know when and how to seek modifications to child support orders to ensure they accurately reflect the current needs and abilities of both parents. In Texas, this process is governed by Texas Family Code Chapter 156. In this blog post, we'll explore the circumstances under which you can modify child support orders and the steps involved in doing so.

When Can Child Support Orders Be Modified?

Texas Family Code Chapter 156 outlines the circumstances under which you can request a modification of child support orders. These circumstances include:

1. Substantial Change in Circumstances
A significant change in circumstances that affects the child's well-being or the ability to provide support may warrant a modification. This could include changes in income, employment status, medical needs of the child, or any other significant life change that impacts the child's best interests. It's important to note that not all changes, no matter how significant, will automatically lead to a modification. The court will consider the best interests of the child when evaluating whether a proposed change warrants a modification of the child support order.

2. Passage of Time
In Texas, child support orders can also be subject to modification based on the passage of time, provided certain conditions are met. If it has been at least three years since the child support order was initially established or last modified, and the current monthly amount under the existing order differs by either 20% or $100 from what would be awarded based on the current child support guidelines, you may request a modification. This provision acknowledges that over time, the financial needs and circumstances of both parents and the child may naturally evolve. When the existing order no longer aligns with the guidelines, this can lead to an adjustment, ensuring that the child's best interests are continually prioritized.

How to Seek a Child Support Modification

To initiate a child support modification in Texas, follow these essential steps:

1. Petition for Modification
File a Petition to Modify Child Support with the court that issued the original child support order. In your petition, clearly explain the changes in circumstances that justify the modification. Be thorough and provide all relevant details.

2. Serve Notice
After filing the petition, you must serve notice of the petition to the other parent. This ensures that they are aware of the requested modification and have an opportunity to respond.

3. Gather Documentation
Collect evidence that supports your claim for modification. This may include financial records, medical documents, employment records, and any other relevant information that demonstrates the substantial change in circumstances.

4. Attend a Hearing
If both parents cannot agree on the modification, the court will schedule a hearing. During the hearing, present your evidence and arguments for why the modification is necessary. Be prepared to answer questions and provide additional information as needed.

5. Court Decision
The court will evaluate the evidence presented and make a decision regarding the modification request. The judge will consider the child's best interests when making this determination.

Navigating Child Support Modification in Texas

To successfully navigate the complex legal process of modifying child support orders in Texas, it's highly recommended to consult with an experienced family law attorney in the state. An attorney's expertise is invaluable in guiding you through the process, gathering necessary documentation, and representing your interests in court if required.

In conclusion, child support orders in Texas can be modified under certain circumstances outlined in Texas Family Code Chapter 156. When significant changes occur in the lives of the parents or the child, seeking a modification is essential to ensure that child support orders accurately reflect the current financial needs and capabilities of all parties involved. By following the proper legal procedures and seeking legal counsel when needed, you can navigate the process successfully and ensure the best interests of your child are met.

]]><![CDATA[The Impact of Social Media on Civil Litigation in Texas]]>Tue, 17 Feb 2026 08:00:00 GMThttps://www.bradfordtexaslaw.com/blog/the-impact-of-social-media-on-civil-litigation-in-texasIn today's digital age, social media has become an integral part of our daily lives. We use it to connect with friends, share experiences, and express our opinions. However, if you are involved in civil litigation in Texas, it's crucial to understand the potential impact of social media on your case. In this blog post, we will explore why it is wise to shut down social media and let your attorney be your spokesperson during litigation. Remember, what you say online can and will be used against you.

Inconsistent Statements and Credibility

During civil litigation, consistency and credibility are crucial. If you have an active presence on social media, there is a risk of inadvertently posting something that could harm your case. Any inconsistencies between your statements on social media and your legal claims can undermine your credibility in the eyes of the court and opposing counsel. Your social media activity may be scrutinized to identify any contradictions or discrepancies, leading to doubt regarding the truthfulness of your case.

Biased Perceptions

While judges and jurors are expected to uphold impartiality, it is important to acknowledge their human nature and susceptibility to the biases we all possess. Your posts, comments, and photos can be misconstrued or taken out of context to feed into these biases, which can have detrimental consequences for your case. Your activity on social media may be presented as evidence to challenge your credibility, portray you in a negative light, or create biases in the minds of the court or jury. Even if your posts were made innocently or without any relevance to your current situation, they can still be leveraged against you, potentially jeopardizing the outcome of your legal proceedings.

Conflict Escalation

It is important to be aware that what you post on social media may unintentionally provoke the other party involved in your civil litigation. Even posts or comments that are not directly related to the case can elicit emotional reactions and escalate tensions between both parties. This escalation of conflict can obstruct the possibility of reaching amicable resolutions and prolong the litigation process. Refraining from engaging in social media discussions or activities that could exacerbate the situation is advisable during this sensitive time. By keeping a low profile online, you can contribute to a more conducive environment for productive negotiations and a smoother path towards resolving your civil litigation.

Let Your Attorney Be Your Spokesperson

Given the potential risks and consequences associated with posting on social media during civil litigation, it is best to temporarily deactivate social media profiles until your civil case is resolved. By doing so, you can protect yourself from inadvertently sharing information or engaging in discussions that may negatively impact your case. During this crucial time, it is important to have a qualified and experienced attorney by your side, who will diligently represent your case.

]]><![CDATA[When Should Estate Planning Begin?]]>Sun, 18 Jan 2026 08:00:00 GMThttps://www.bradfordtexaslaw.com/blog/when-should-estate-planning-begin"Death and taxes are the only two certainties in life," as the old saying goes. While we can't control when we'll pass away, we can plan for it to ensure our loved ones are taken care of and our assets are distributed according to our wishes. That's where estate planning comes in. But when should estate planning begin?

The answer is simple: as soon as possible. As soon as you start working and accumulating assets, such as a car, savings account, or retirement investments, you should begin estate planning. Regardless of your age or financial status, estate planning is something that everyone needs to consider. Estate planning enables you to specify precisely how you want your assets to be distributed after your death, ensuring your wishes are carried out and your loved ones are taken care of.

The Importance of Keeping Estate Planning Documents Updated

Estate planning is not a one-time event. Life changes, and so do your estate planning needs. Whether it's marriage, divorce, the birth of a child, a death in the family, or a relocation, these significant life changes can impact how you want your assets distributed after your death. It's crucial to keep your estate documents up to date and review them regularly to ensure that they accurately reflect your current wishes.

Even if you have an estate planning tool set up, like a trust, it's important to remember that you have to fund the trust. Establishing a trust is just the first step. You need to have a plan in place to transfer your assets to the trust to ensure that they will be distributed according to your wishes. Additionally, if you move to a different state, you may need to reestablish your trust in that state. Failing to update and correctly set up your estate documents can result in assets being distributed according to state law, which may not align with your wishes.

Hire an Experienced Attorney for Estate Planning

Given the complexity and importance of estate planning, it's best to seek the advice of a skilled attorney. An attorney can help you navigate the complexities of the process, ensuring that your wishes are carried out exactly as you intended. An attorney can also help you choose the best estate planning tool for your unique needs and goals and can ensure that your estate planning documents are up-to-date.

Remember, estate planning is not a one-time task but a lifelong commitment to protecting your loved ones and preserving your legacy. So, start early, stay vigilant, and consult with an experienced attorney to ensure that your estate planning documents are always accurate and aligned with your wishes.

]]><![CDATA[Is Inheritance Considered Community Property in a Divorce?]]>Wed, 17 Dec 2025 08:00:00 GMThttps://www.bradfordtexaslaw.com/blog/is-inheritance-considered-community-property-in-a-divorceTexas is a community property state, meaning all property and earnings acquired during a marriage are equally owned by both spouses. If a divorce occurs, all assets will be divided between the two spouses as per equity decided by a judge unless a prior plan, such as a prenuptial agreement, is in place.

There are a few exceptions to what is considered community property in Texas, including inheritance. Inheritance is not considered community property. It is the separate property of the spouse who received it. However, if the inheritance becomes commingled with community assets during a marriage, it can become community property. To protect your inheritance in the event of a divorce, it is important to ensure that it remains separate from other assets throughout the marriage.

Complications That Arise From Commingling Assets

Once separate and community properties are commingled, or mixed, it can become impossible to distinguish the difference between the two. The presumption at law is that all assets are community property. To claim that an asset belongs to only one spouse in a divorce, the property must be proven to be separate under the strictest standards. This requires extensive tracing back to the origin of the asset. The longer the marriage lasts, the more complex the commingling becomes, and the more difficult it is to prove that the property is separate.

Keep Inheritance Separate From Other Property

The best way to handle your inheritance is to keep it completely separate and isolated from other assets. Once the inheritance is received, it should be put in its own account and not mixed with other property. This will prevent the inheritance from unintentionally becoming community property.

If you are getting divorced and your inheritance has been commingled with other assets, you will need to hire an attorney with extensive experience in property tracing to help trace the inheritance back to its origin. An attorney will prove to a judge, by the strictest legal standards, that the inheritance is your separate property.

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