Boon Calk Echols Coleman & Goolsby PLLC Boon Calk Echols Coleman & Goolsby PLLC 2026-05-26T08:40:07Z https://www.boonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503638/2023/06/cropped-Book-calk-Site-Icon-32x32.jpg On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[Understanding Texas wrongful death: can you sue for a tragic loss? ]]> https://www.boonlaw.com/?p=255023 2026-05-26T08:40:07Z 2026-05-26T08:40:07Z Losing a close family member brings deep grief and overwhelming confusion. When someone else’s reckless actions cause that tragic loss, the emotional pain worsens. Texas law provides a clear path for grieving families to seek justice and accountability. This helpful guide outlines your rights and explains how you can navigate the legal system during this difficult time.

What qualifies as wrongful death in Texas?

Texas law defines wrongful death as a fatality resulting from another party's wrongful act, neglect, carelessness or lack of skill. Common examples include fatal car crashes, commercial truck accidents, workplace mishaps and medical mistakes. Essentially, the state law holds people and companies strictly liable for their deadly errors.

Legal options for grieving families

Surviving relatives often face sudden financial problems along with deep emotional trauma after the wrongful death of a loved one. You can take immediate legal steps to protect your family and save vital evidence.
  • Set up a private meeting with a lawyer to check your case.
  • Collect key documents like police reports, medical bills and witness contacts.
  • Name the right family members like the surviving spouse, children and parents.
  • File the official lawsuit within the strict two-year Texas time limit.
These steps build a solid base for your legal case. They ensure you meet all state rules while your family focuses completely on healing.

Finding your way to justice

Keeping up with complicated legal processes while dealing with grief and loss of a family member. A skilled professional handles the heavy paperwork, talks to witnesses and builds a strong case. They protect your family’s rights against tough defense teams while you honor your loved one. Getting professional help can increase your chances of getting long-term financial comfort and true justice.  ]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[Probate vs. Non-Probate Assets: What You Need to Know in Texas]]> https://www.boonlaw.com/?p=255005 2026-03-27T13:59:46Z 2026-03-27T13:59:46Z Everything is bigger in Texas, including the probate delays that can prevent your family from accessing your assets for up to a year. Not all assets require court proceedings, but many East Texas families discover which ones do only after their loved one has died. Understanding the difference between probate and non-probate assets now can save your beneficiaries from months of waiting and thousands in unnecessary legal costs.

What Texas law says about probate assets

Under Texas Estates Code § 22.001, probate assets include anything owned solely in the deceased person's name without a designated beneficiary. This means your home, bank accounts, vehicles and personal property may all require court proceedings before your family can legally claim them. Recent 2026 updates to the Texas Estates Code have reduced some delays by allowing executors to use unsworn declarations instead of notarized oaths and permitting FedEx or UPS delivery for legal notices to beneficiaries in Smith and Harrison Counties. However, the probate process still typically takes six months to a year, during which your family cannot sell property or access funds without court approval.

How non-probate assets avoid court proceedings

Non-probate assets go directly to the people you name without court involvement. Common examples include:
  • Life insurance policies listing specific beneficiaries
  • 401(k) plans and Individual Retirement Accounts with beneficiary forms
  • Bank accounts designated as payable-on-death or transfer-on-death
  • Real estate titled as joint tenancy with survivorship rights
  • Property transferred into a revocable living trust
Failing to update beneficiary forms after divorce or remarriage means your assets will go to your ex-spouse. When this happens, your current family may need to navigate the probate process to contest the distribution, which can take years and cost thousands in legal fees.

Why the distinction matters for your family

Skilled estate planning attorneys in East Texas can help you avoid probate delays and protect your family's inheritance. Your decisions today determine whether your loved ones wait in court for months or receive what you spent a lifetime building for them.]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[Organizing your legacy: 5 Texas estate planning essentials]]> https://www.boonlaw.com/?p=254983 2026-01-26T16:29:15Z 2026-01-26T16:29:15Z Drafting a formal will A will is often the first step in the planning process. It allows you to name an executor to manage your estate and a guardian to care for your children. While formal wills usually require witnesses, Texas also recognizes wills written entirely in your own handwriting and signed by you. Without a will, the state uses rigid rules to distribute your assets, which may not match your wishes.

Establishing powers of attorney

A statutory durable power of attorney lets you pick someone to handle your finances either immediately or only if you become incapacitated. In contrast, a medical power of attorney only allows someone to make healthcare choices for you after a doctor certifies in writing that you cannot make them yourself. These documents help your family avoid expensive court processes to gain permission to help you.

Using trusts and directives

Some families use trusts to transfer property privately without going through the public court system. Additionally, a directive to physicians tells doctors exactly what medical treatment you want in end-of-life situations. This removes the burden of difficult decision making from your family during a crisis.

Checking beneficiary lists

Certain assets pass directly to the people you name on specific forms, regardless of what your will says. Common items include:
  • Life insurance policies and retirement accounts
  • Bank accounts set to be "paid upon death"
  • Real estate with a transfer-on-death deed that was signed, notarized and recorded in county records during your lifetime
You should review these every few years to ensure they are up to date.

Securing your family's future

Taking the time to organize these papers now provides peace of mind for you and your famiy. Since laws and family situations change, you should check that your plan still meets your goals. If you want to ensure your documents follow current Texas rules, you should consider speaking with a lawyer to review your estate plan.  ]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[3 ways an attorney can help during the business formation process]]> https://www.boonlaw.com/?p=254972 2025-12-30T17:27:07Z 2025-12-30T17:27:07Z 1. Objective insight during due diligence investigations Enthusiasm about a business concept can undermine rational decision-making. Entrepreneurs who are sure they have a genius business plan may rush ahead, only to later realize that they didn't adequately investigate the market or the competitors already operating in that industry. A lawyer assisting with due diligence can objectively assess the market, current competitors and industry prospects more effectively than someone who feels excited about and attached to a business concept.

2. Assistance with entity formation

Determining that a business concept is viable is only the first step in the business formation process. Entrepreneurs also need to choose the type of business they intend to form. Entrepreneurs may need help evaluating different types of businesses and completing the necessary paperwork to actually establish that type of company.

3. Guidance with regulatory compliance

There are many different rules and laws that apply to businesses. From employment statutes to state licensing requirements, various operational obligations can create challenges for entrepreneurs. They may face last-minute hurdles that extend their timeline for establishing the company because they were unaware of state regulations. They may unintentionally violate the law by failing to carry mandatory insurance or foregoing the process of obtaining a state license. A lawyer can help educate their client about what laws apply and what requirements the business must meet in order to legally operate. Lawyers can also assist their clients as they negotiate terms for loans or leases. They can help establish contracts that protect the business. Their support during the startup process can leave them uniquely suited to assisting with the management of the business and the resolution of disputes in the future. Reviewing business plans with a legal professional can be a critical step for an entrepreneur. Support during the startup process can help to minimize the financial and legal exposure that comes from creating a new business, and that’s just a solitary benefit that this arrangement provides.]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[What happens when someone dies without a will in a Texas probate?]]> https://www.boonlaw.com/?p=254970 2025-11-28T16:04:59Z 2025-11-28T16:04:59Z Losing a loved one is never easy. When someone in your family dies without a will in Texas, you face additional stress during an already difficult time. You may feel uncertain about what happens next or worried about who inherits your loved one’s estate.  This is where understanding Texas intestate succession laws become critical. Knowing this can help you navigate this challenging situation. 

What are Texas intestate laws?

Texas intestate laws are state regulations that govern estate distribution when someone dies without a valid will. While they cannot replace the clarity that a will provides, they offer a legal framework on how your loved one’s assets should be distributed.  These laws usually follow a predetermined hierarchy of heirs who will then share the deceased assets. This way, the law basically creates a default will for your loved one based on their family relationships. 

How do intestacy laws replace a will?

When no will exists, Texas intestacy laws automatically take effect during a probate process. Moreover, these laws can override any verbal wishes your loved one may have expressed during their final moments. The probate court uses these intestate laws to identify rightful heirs and distribute the estate accordingly. Without a will, your loved one cannot control who receives specific properties in an estate or how much inheritance their heirs will receive. Thus, understanding whether you qualify as an heir becomes essential in these situations.

Who can inherit under an intestate succession?

When your loved one passes away without a will, Texas laws determine which family members may receive their assets based on their relationship to the deceased. Specifically, Texas recognizes the following relatives as potential heirs:
  1. Surviving spouse
  2. Children and their descendants
  3. Parents
  4. Siblings
  5. Grandparents
  6. Aunts, Uncles and cousins
Your position in this hierarchy determines your inheritance rights. Typically, closer family members inherit first before more distant relatives. Furthermore, you might not be able to receive any form of inheritance if someone higher than you on the list exists. Thus, knowing where you stand helps you prepare for what comes next. 

Safeguarding your inheritance

You deserve to claim your rightful inheritance. An experienced probate attorney can help you understand your position under Texas intestacy laws. They can help clarify your rights and guide you through the probate process.  Having professional legal guidance ensures you navigate this complex situation correctly and honor your loved one’s legacy. While this is a difficult time, fighting for your rights brings clarity and helps you move forward with peace.]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[3 ways a personal injury lawyer may assist after site injuries]]> https://www.boonlaw.com/?p=254941 2025-09-23T14:07:11Z 2025-09-23T14:07:11Z Assessing site conditions and identifying possible liable parties Your lawyer may examine incident reports, photographs and witness statements to see which safety rules applied at your job site. Through this review, the lawyer can uncover whether contractors, equipment makers or property owners shared responsibility. If another party created part of the danger, you may then pursue a claim against them under Texas third-party liability rules.

Guiding claims to include medical, wage and long-term losses

A construction site injury often affects more than your immediate medical bills. It can interrupt your paychecks, require ongoing treatment and change your ability to work. Because these costs add up over time, your lawyer may collect medical records, doctor opinions and pay stubs to show the full scope of your losses. This work helps your claim present a clear picture of the injury’s impact rather than a single expense.

Managing deadlines and navigating procedural requirements

Texas law sets a two-year deadline to file most personal injury lawsuits, counted from the injury date. Your lawyer may track dates and preserve proof so you can focus on healing. Your lawyer may handle tasks such as:
  • Collecting accident reports and medical documents before deadlines pass
  • Filing notices or lawsuits on time
  • Working with workers’ compensation claims and third-party claims to respect the required procedures
When your lawyer completes these steps on time, your right to seek compensation stays protected.

Moving toward informed action after a site injury

A site injury changes your routine and can leave you uncertain about your future. Instead of trying to handle every detail alone, you can choose a lawyer who will investigate your case, track deadlines and manage claims on your behalf. Your part is to stay involved, provide the information your lawyer requests and follow their guidance. This partnership helps you protect your rights and move toward fair financial recovery with less stress.]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[When to settle or pursue litigation in East Texas]]> https://www.boonlaw.com/?p=254933 2025-08-06T16:21:50Z 2025-08-06T16:21:50Z In business, disputes often happen. A deal falls through, a vendor breaks a contract or a former partner accuses you of wrongdoing. In East Texas, where oil, timber and tech industries often collide, legal conflicts can hit fast — and cost plenty. One wrong decision could drag you into court for years or force you to walk away with less than you deserve. Choosing between litigation and settlement does not just depend on who is right. You also need to protect your time, money and reputation.

When to consider litigation

Sometimes a dispute reaches a point where informal talks or mediation no longer work. If the other side refuses to cooperate or the stakes can put your business at risk, taking legal action may offer the best path forward. You may want to pursue litigation when:
  • The other party refuses to negotiate in good faith.
  • The legal or financial stakes are high.
  • You want to set a public precedent or protect your brand.
  • You have clear evidence on your side.
If you have strong facts and the law supports your position, a trial could help you recover damages or stop harmful behavior. Some businesses take this route when a case involves stolen trade secrets, serious contract breaches or defamation that harms long-term relationships.

When settlement makes more sense

Choosing to settle does not mean you have lost. In fact, it can be a strategic move. In many situations, a settlement can help you protect your resources and regain focus. You might lean toward settlement when:
  • The dispute pulls attention away from daily operations.
  • Litigation costs more than the potential recovery.
  • A trial risks exposing sensitive business information.
  • You want to maintain an important business relationship.
A well-crafted agreement can still achieve your goals — through payment, confidentiality or promises not to compete — without the risks and delays of trial.

The value of experienced guidance

Each business conflict comes with unique challenges, which is why you need to weigh the risks and benefits carefully. Whether you choose to fight or settle, an experienced litigation attorney may be able to help you identify what is truly at stake, avoid costly missteps and negotiate a resolution that supports your business goals and long-term stability. With proper guidance, you can make decisions that protect your business now and in the future.]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[Oil field injuries: Your legal rights in Texas after an accident]]> https://www.boonlaw.com/?p=254913 2025-06-11T15:10:43Z 2025-06-11T15:10:43Z If you work in oil fields in East Texas, you know very well that those fields can be dangerous. Explosions happen, equipment breaks down. Workers fall from great heights. When you get hurt, you must know your options. Most workers think workers' comp is their only choice. That's not always true. Texas law gives you other paths to explore.

Why workers' comp might not be enough

Workers' comp pays your medical bills. It covers some lost wages too. However, it won't pay for your pain and suffering. It won't cover the full amount you could have earned. Often, that's just not enough. If someone else caused your accident through carelessness, you might have bigger claims to make. Texas law lets you file personal injury cases outside the workers' comp system in certain situations.

When can you sue someone else

You can't sue your direct employer in most cases, but you can go after other parties who played a role in your injury. Did a machine malfunction and hurt you? The company that made it might owe you money. Did a contractor ignore safety rules? They could be on the hook for damages. Did a truck driver cause a crash at your work site? Their insurance should pay. These third-party cases take more work to prove. But they often pay much more than workers' comp alone.

What you need to prove

To win a case against someone other than your employer, you need to show they were careless. That means proving four things:
  • They had a duty to keep you safe. 
  • They failed to do that duty. 
  • Their failure caused your accident. 
  • You got hurt because of it.
Texas uses something called "proportionate responsibility." This means if you played a part in causing your accident, it might reduce what you can collect. However, you can still win money as long as you're less than 51% at fault.

Time limits matter

Don't wait too long to act. Texas gives you two years from your accident date to file most personal injury claims. Miss that deadline and you lose your chance forever. The sooner you talk to a lawyer, the better. They can start gathering evidence while it's still fresh. Witnesses remember more when you talk to them right away.

Additional steps to take

You deserve full compensation for your injuries. Workers' comp helps, but it might not be your only option. If someone else's carelessness caused your accident, you could have a much bigger case. Talk to a personal injury lawyer who has experience in handling oil field accidents cases. They can review your case and tell you what options you have. Don't settle for less than you deserve.  ]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[Why young families in East Texas need an estate plan now]]> https://www.boonlaw.com/?p=254896 2025-04-13T16:29:25Z 2025-04-13T16:29:25Z No one knows what the future holds Parents choosing to have children is an act of hope. They believe that they can offer their children a bright future and a lifetime of support. Unfortunately, not all parents achieve that goal. Sometimes, parents die unexpectedly. Other times, they might experience sudden medical emergencies that have devastating consequences. Emergencies and tragedies can leave minor children quite vulnerable. An estate plan can protect them from hardship and trauma. Parents can name a guardian to take over their responsibilities. The ability to name a guardian is one of the most important benefits of drafting a will as a young parent. Without a will that includes guardianship designations, children might be at risk of foster placement. Taking the time to name a guardian is critical for the long-term protection of vulnerable children. Parents may also need to consider whether they need to establish a trust. Minor children cannot directly inherit property. The guardian caring for the children has control over their assets until they become legal adults. Establishing a trust and naming someone other than the children's guardian as the trustee can be a smart decision. The trustee can act as a form of protection against misconduct by a guardian and can help preserve resources for the children when they become adults. Parents may also want to establish living documents that authorize trusted individuals to handle medical decisions and financial matters if they become incapacitated. Otherwise, the family’s resources could be vulnerable because the parents cannot manage the household after an emergency leaves them incapacitated. Making an effort to establish an estate plan can help protect vulnerable dependents and can give parents peace of mind. Thinking about the worst-case scenario can help parents to better protect their children in an unpredictable world.]]> On Behalf of Boon Calk Echols Coleman & Goolsby PLLC <![CDATA[5 critical steps to take after a car accident in East Texas]]> https://www.boonlaw.com/?p=254879 2025-04-04T09:49:23Z 2025-02-10T18:35:12Z A car accident can be a traumatic experience that leaves victims overwhelmed in its wake. Whether an accident results in minor injuries or severe damage, taking certain steps can help protect a crash victim’s health, legal rights and right to seek potential compensation. Therefore, if you reside in East Texas or you frequently visit this area of the state, where highways and rural roads can pose unique dangers, knowing what to do immediately after an accident can make a significant difference in your ability to recover from any trauma that you may suffer as a result of that turn of events. 

Seek medical attention immediately

Your health and safety should always be your top priority after a car accident. Even if you do not feel injured right away, it is important to get checked by a medical professional. Some injuries, such as concussions, whiplash and internal bleeding, may not become symptomatic immediately but can become serious if left untreated. 

Report the accident 

In Texas, drivers are required to report an accident to law enforcement if it results in injury, death or property damage exceeding $1,000. Even when minor accidents occur, calling the police is a good idea because officers will document the scene, take witness statements and create an official accident report. This report can serve as consequential evidence when dealing with insurance companies or pursuing a personal injury claim. 

Gather evidence 

If you are physically able, collecting evidence at the accident scene can help strengthen your case. Take photos of the vehicles involved, injuries sustained by you and others, license plate numbers, etc. Exchange contact and insurance information with other drivers involved but avoid discussing fault. If there are witnesses, get their names and phone numbers too. Making this effort can help you to safeguard your legal rights later. 

Notify your insurance company

You’ll want to have your legal team contact your insurance provider as soon as possible to report the accident. Unless your legal team has advised otherwise, you’ll want to be cautious about giving recorded statements before understanding the full extent of your injuries and damages. Insurance companies may try to minimize payouts, so a cautious approach is wise. 

Explore your legal rights

Dealing with the aftermath of a car accident can be complicated, especially when injuries are involved. Seeking legal guidance right away can help to ensure that you’re able to make truly informed decisions about your rights and options. ]]>