Whelchel & Carlton, LLPWhelchel & Carlton, LLP2026-06-06T12:45:17Zhttps://www.wcgalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1102942/2022/11/cropped-fav-32x32.pngOn Behalf of Whelchel & Carlton, LLP<![CDATA[The benefit of written contracts over handshake deals]]>https://www.wcgalaw.com/?p=2565402026-06-06T12:45:17Z2026-06-06T12:45:17ZThey are easier to enforce
To start with, it is easier to enforce a written contract if there is a breach. Without anything in writing, it can turn into a situation where both parties tell a different story, and it is difficult even for the authorities to determine what happened.
For instance, perhaps one business owner claims that they only agreed to pay the other party after a job was completed. That other party, however, says that they were supposed to be paid half upfront and the other half upon completion of the project. Both may adamantly claim that these were the terms of the handshake deal, but there is no way to verify what really happened.
They help to prevent disputes
Additionally, written contracts can sometimes help to prevent these types of complications altogether. If there is ever a dispute over terms, even before a contract has technically been breached, both parties can simply review the documentation and determine exactly what their rights and responsibilities may be.
If you are interested in drafting enforceable contracts or navigating a dispute after a commercial contract breach, it can help to work with an experienced attorney given all that is at stake and how complex drafting contracts can be.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Are bedsores always evidence of nursing home neglect?]]>https://www.wcgalaw.com/?p=2565382026-05-25T15:25:53Z2026-05-25T15:25:53ZSome people are more at risk than others
Bedsore development depends in part on how active a person is, how much they weigh and other underlying health factors. Nursing homes may not necessarily be able to prevent all bedsore development.
Early-stage bedsores can form within a matter of hours in many cases. However, later-stage bedsore development is typically preventable, as the wounds take days to cause deeper tissue damage. Workers can cushion residents, help them rotate their bodies and otherwise alleviate pressure on specific body parts to prevent the development of later-stage bedsores. They can also identify bedsores promptly and keep the affected areas clean to prevent infections.
When nursing homes fail to treat early-stage bedsores or identify and address bedsore infections promptly, the medical issues that result could be indicative of neglect. Consulting with a nursing home neglect attorney can help families determine if they have grounds for litigation.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[How accurate are real estate comps?]]>https://www.wcgalaw.com/?p=2565362026-05-11T23:11:40Z2026-05-11T23:11:40ZReal estate comps can be very accurate, but it often just depends on how similar the properties are. After all, comps are a way to get a general sense of the real estate market. When someone is selling a home, looking at the sale prices of nearby homes that have similar features can help set the market value.
One way that comps increase accuracy is that they apply to actual sale prices, not listing prices. A person can theoretically list their home for any price that they want. But just because they list it for $500,000 does not mean they will get that much money. If the house actually sells for $200,000, the sale price is much more important to other potential sellers in the area.
When things get complex
Even comps can be rather complex, however, and may differ significantly. It is important to look for a home with similar square footage, a similar number of bedrooms and things of this nature.But even when doing so, location can make a big difference. In an urban setting, for example, there can be a drastic difference in neighborhood amenities for two houses that may be within a mile of each other. They seem relatively close, and they may be in a rural community, but the value of those houses could differ dramatically based on their proximity to good schools, entertainment options, local parks and much more.In other words, just because two homes are statistically similar does not mean they have the same market value. Location plays a major role, so it is important to find nearby comps from the same neighborhood to get accurate home values.Negotiations over price are just one step to take during a real estate transaction. It can help to work with an experienced law firm while considering disclosures, contractual obligations and other fine details of any residential real estate sale.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[3 types of distracted driving]]>https://www.wcgalaw.com/?p=2565342026-04-27T18:58:22Z2026-04-27T18:58:22ZDistracted driving is a dangerous behavior that causes many accidents yearly. A significant percentage of drivers in the U.S. are seen using their phones, looking outside or engaging in some form of distraction at any given moment.
Understanding how to identify erratic behavior can help you respond safely earlier. The behaviors distracted drivers engage in fall into three main categories, which are:
Visual
Activities that take a driver’s eyes off the road are classified as visual distractions. These include:
Looking at a phone
Looking at a navigation screen
Searching for music on a phone or infotainment screen
Grooming
Looking down to grab food, unwrap food or dip fries in sauce
Looking outside at billboards, accidents, eye-catching cars or passengers
Even taking eyes off the road for just five seconds, especially at high speeds, can be dangerous.
Manual
Manual distraction is when a driver takes their hands off the wheel. For instance, when:
Texting
Eating or drinking
Smoking
Browsing social media
Adjusting the radio
Reaching for objects
Interacting with kids or pets
Brushing hair or applying makeup
Operating a vehicle with one hand reduces steering control, accuracy and reaction time. If the driver gets in a situation that requires a quick decision, for example, an unexpected obstacle, they may be unable to respond safely.
Cognitive
Cognitive distractions occur when a driver takes their mind off driving. This can happen when they are engaging in a conversation on the phone or with passengers, preoccupied with work issues/personal problems, daydreaming or listening to music/an audiobook/a podcast, especially an intense one. A driver whose concentration is elsewhere may fail to notice unexpected objects or hazards in plain sight.A distracted driver can cause you to sustain injuries. If this happened to you, get adequate information to protect your rights. ]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[3 taxes that may be due during estate administration]]>https://www.wcgalaw.com/?p=2565322026-04-07T00:26:24Z2026-04-07T00:26:24Z1. The decedent’s income taxes
After a person dies, it is necessary to file a final income tax return on their behalf. Doing so notifies the IRS of an individual's passing and also helps reconcile any lingering financial obligations. Even if the deceased party hadn’t worked in years or has a surviving spouse, the personal representative of the estate is typically the one who files the deceased person’s last income tax return.
2. The estate’s income taxes
Frequently, personal representatives sell estate assets to distribute the proceeds among beneficiaries or use the revenue generated to cover financial obligations. If the sale of resources produces $600 or more in income, the estate itself may owe income taxes.
3. Estate taxes
Generally speaking, only especially large estates are subject to estate taxes. Georgia does not collect an estate tax or an inheritance tax, but federal estate taxes often apply to large estates probated in Georgia. However, if the property that belongs to the decision is worth millions of dollars, then the estate might owe taxes based on its overall value.
Filing tax returns and paying necessary taxes is a key element of estate administration. Personal representatives can reduce the likelihood of making mistakes and oversights by getting experienced legal guidance.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[What is required for the valid signing of a Georgia will?]]>https://www.wcgalaw.com/?p=2565302026-03-22T01:45:01Z2026-03-22T01:45:01ZWills require witnesses but not notarization
In Georgia, there is no requirement to have a notary present for the signing of a will. Georgia state law does require the presence of two competent witnesses.
Those witnesses can affirm the identity of the testator if there is ever a question about the validity of the will later. They can also testify about the mental state of the testator if there are concerns about their capacity or the possibility of undue influence.
Many people intentionally arrange to have outside parties act as their witnesses, but Georgia does not specifically require disinterested witnesses. Even family members can witness a will signing if necessary.
One of the many advantages of having experienced estate planning guidance in putting a will and other estate plan documents in place is that a legal professional can insure that the signing is properly witnessed. Appropriate signatures and the right language can make all the difference in helping ensure that an estate plan is valid.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[How commercial leases can limit competition from neighbors]]>https://www.wcgalaw.com/?p=2565282026-03-13T11:42:33Z2026-03-13T11:42:33ZExclusive use clauses protect existing tenants
The terms of a commercial lease can do more than just set rent and establish maintenance obligations. Commercial leases can also limit the economic activities of either party. Landlords may include use clauses that limit the functions for which tenants use the property. In exchange, tenants may request the inclusion of an exclusive use clause.
An exclusive use clause prevents the landlord from renting a nearby vacant facility to another business that offers the same goods or services. These clauses give the tenant the exclusive right to operate a specific type of business at a multi-unit property or within a certain geographic area.
Reviewing a commercial lease with a skilled legal team and negotiating for custom terms can help business owners protect their investments and avoid getting locked into a long-term lease with competing businesses too close for comfort. Business leaders may need assistance reading through complex commercial lease documents and working with a landlord to secure optimal legal protection, and that’s okay.
]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Does Georgia recognize electronic wills?]]>https://www.wcgalaw.com/?p=2565262026-02-26T12:02:52Z2026-02-26T12:02:52ZElectronic wills that contain digital signatures and remote witnesses have become much more common in recent years.
Is Georgia among the states that have passed laws allowing for the use of digital or electronic wills?
Georgia requires physical documents
Currently, Georgia state statutes do not recognize the validity of electronic or digital wills. People can work remotely with an attorney to set the terms in a will, but they must be physically present to sign the will. They also need to have a physical copy of the document for the probate courts after they pass.
Electronic copies of physical wills can be beneficial, as testators can send them to friends and family members if they so choose to inform them of their right of inheritance. For the time being, however, testators must create physical documents that they or an agent sign for the probate courts to recognize the validity of their testamentary instruments.
Individuals who have created electronic documents in other states may need to review and update their estate plans after relocating to Georgia to ensure that their wills conform to local statutes. Reviewing an existing estate plan and discussing testamentary wishes with an estate planning attorney can help Georgia residents ensure that their wills meet all state requirements.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Could manure storage issues cause problems for farmers?]]>https://www.wcgalaw.com/?p=2565242026-02-08T21:28:11Z2026-02-08T21:28:11ZPlacement is critical
First and foremost, manure storage needs to be located away from groundwater and surface water sources. The law requires that manure storage systems have at least a 100-foot buffer separating them from wells and surface water. Storage must also be at least 200 feet from property lines.
Additionally, manure facilities generally need to be capable of properly containing liquid contents. The manure must not come into contact with groundwater or produce any runoff that could cause environmental or health concerns. Solid manure should be covered, meaning it is not openly exposed to the elements.
There are many other restrictions imposed on the storage of manure to prevent environmental damage. Accusations of improper manure storage could lead to major property renovation costs. Farmers could also face expensive citations and possibly also damage claims from their neighbors.
Planning appropriately for the more complex challenges of animal husbandry, including manure storage, can help farmers avoid legal challenges. Those expanding their operations or facing non-compliance allegations may need support while learning about and upholding agricultural statutes, and that’s okay.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Why insurers rush to settle claims after an accident]]>https://www.wcgalaw.com/?p=2565222026-02-03T16:44:02Z2026-02-03T16:44:02ZAfter a car accident in Georgia, you might be surprised at how quickly the insurance company reaches out with a settlement offer. It can sound helpful at first, even reassuring. However, there’s more to this.
When an insurer moves fast, it’s usually not always about helping you. In most cases, it’s about protecting their bottom line. Understanding why insurance companies rush can help you make smarter decisions about your injury claim.
They want to limit what they pay
Insurance companies are businesses at the end of the day, and their goal is to resolve claims for as little as possible. Right after an accident, chances are high that you don’t know the full extent of your injuries, and you are more likely to accept a quick settlement.This works in their favor because once you settle, you typically sign away your right to seek additional compensation related to that accident. If new symptoms appear or your condition worsens, you will have no way to recover additional treatment costs.
They want to avoid legal action
Insurance companies also settle claims quickly to avoid the uncertainty of a lawsuit. Once a claim goes to court, the stakes are much higher. Legal fees, court costs and the potential for a larger payout make the situation more expensive for them.
Take time before you agree
If an insurer pushes you to settle quickly, don’t rush into accepting their offer. Remember, you have the right to refuse a settlement that doesn’t cover all your damages. You can even counteroffer or ask for more time to gather information about the harm and losses you suffered.Legal guidance is essential in navigating settlement negotiations and protecting your interests as a car accident victim. It can help you identify lowball offers and understand your options for securing a fair settlement.]]>