Whelchel & Carlton, LLPWhelchel & Carlton, LLP2026-10-29T09:28:53Zhttps://www.wcgalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1102942/2022/11/cropped-fav-32x32.pngOn Behalf of Whelchel & Carlton, LLP<![CDATA[Can a will be contested after probate begins in Georgia?]]>https://www.wcgalaw.com/?p=2565672026-10-29T09:28:53Z2026-10-29T09:28:53ZProbate does not always proceed without disputes. A family member may discover a newer will, question a signature or find evidence that raises concerns about the document's validity. In Georgia, an interested person may be able to challenge a will after probate begins. The available options depend on the stage of the case and whether the court has already approved the will.
What reasons can support a will contest?
A person may challenge a will if there are concerns about its validity. Common reasons include:
A later will: A newly discovered document may raise questions about whether the deceased person replaced an earlier will.
Forgery: Evidence may suggest that someone falsified the deceased person's signature or changed the document.
Undue influence: Someone may have pressured the deceased person into making or changing the will.
Lack of mental capacity: The deceased person may not have understood what the will meant or how it would affect the estate.
A disagreement over how the deceased person distributed the estate does not automatically justify a challenge. The person contesting the will generally needs evidence to support the claim.
How the stage of probate affects a challenge
The timing of a dispute can affect the options available. Georgia recognizes two forms of probate: common form and solemn form. Probate in common form generally becomes conclusive after four years, subject to certain exceptions. Before that period ends, an interested person may have an opportunity to require the court to prove the will in solemn form.Probate in solemn form requires notice to interested parties and gives them an opportunity to object before the court admits the will. If the court has already approved the will, the available options may depend on whether the person received proper notice and whether the relevant deadlines have passed. Acting promptly can help preserve the opportunity to challenge the will.
Understanding the options for a will dispute
An attorney can review the will, examine probate records and assess whether evidence supports a challenge. The attorney can also explain which court procedures may apply and whether any deadlines limit the available options. Seeking legal guidance early can help interested parties understand how to raise concerns before the probate process moves further along.
]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[When Halloween yard décor causes injuries, are homeowners liable?]]>https://www.wcgalaw.com/?p=2565652026-10-15T22:53:50Z2026-10-15T22:53:50ZWhat are homeowners’ responsibilities?
Property owners legally owe a duty of care to anyone invited onto their property. That duty typically applies to children even if they’re not invited if there’s an “attractive nuisance” that would draw them onto the property. Halloween decorations would typically fall into that category.
On Halloween night, trick-or-treaters and those accompanying them are generally considered welcome in an open yard if the home’s lights are on and the home is decorated for the holiday. Therefore, homeowners have a responsibility to avoid hazards like loose electrical cords, holes in the ground and heavy, unsecured decorations that could fall over and hurt someone. Homeowners shouldn’t place lit jack-lanterns or any tripping or slipping hazards on driveways, walkways and porches.
That duty of care extends to people’s pets. Even the gentlest, friendliest dogs can become frightened or overly excited with people coming to the door. For everyone’s safety, homeowners should keep their dogs inside and away from the door. Dog bites are far too common on Halloween – as are injuries to animals who escape from the house.
When can an injured person hold a homeowner liable?
The circumstances of each case are unique. While homeowners have the responsibilities discussed here to keep their property safe for anyone passing through on Halloween, people (at least adults) have a responsibility to exercise reasonable care and look out for any children accompanying them. That includes not tampering with decorations in a way that could cause damage to themselves or others.
Most people survive the holidays unscathed. However, anyone who has suffered an injury they believe was caused by a homeowner’s or other property owner’s negligence is wise to get legal guidance to determine whether they can seek compensation for their medical bills and other expenses and damages.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Determining whether a nursing home is prepared for an emergency]]>https://www.wcgalaw.com/?p=2565632026-10-03T20:14:24Z2026-10-03T20:14:24ZMany people believe that if some type of natural disaster or severe weather event occurs, their elderly loved ones will be safe in their nursing homes. They assume that these facilities are well prepared for such events, have back-up systems in case the electricity goes out and, in a worst-case scenario, have a plan to move their residents someplace where they’ll be safe and their medical needs will be met.
This, of course, should be the case. However, as we’ve seen in too many tragic cases, some care facilities and their staff are woefully unprepared to keep their residents safe when a storm, fire, flood or other event occurs – whether it affects the entire region or is limited to the facility. There have been cases where vulnerable residents had to endure extended periods in extreme heat or cold due to lack of backup generators, were left outside in freezing, wet weather or were abandoned by employees who evacuated without them.
Know what to ask
Whether you’re evaluating nursing homes to find the best one for a loved one or you want peace of mind that their current facility is prepared for an emergency, you have every right to get a copy of their emergency plan and ask questions about their emergency procedures and training. These procedures should involve communication with local first responders. Make sure there’s at least one phone number you can call in an emergency to check on your loved one.If you aren’t comfortable with a facility’s level of preparedness or the answers to your questions, that could be a big red flag that it’s lacking preparedness in other areas. If your loved one is already living in the facility, you can contact the state’s Long-Term Care Ombudsman.If your loved one has already suffered harm due to a lack of emergency preparedness or other type of negligence, getting experienced legal guidance can help you determine the best way to seek justice and compensation.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Lack of estate planning can put family assets at risk]]>https://www.wcgalaw.com/?p=2565582026-09-21T03:30:24Z2026-09-21T03:30:24ZToo many people put off doing any kind of estate planning and end up passing away without so much as a will. As we’ve discussed here in a previous post, when that happens, assets are distributed to family members based on state law. That may be nothing like the deceased would have intended.The lack of any estate planning can also have serious consequences for handing down property – particularly real estate. It’s been estimated that as part of the “Great Wealth Transfer” of some $124 trillion that older generations are set to hand down to younger ones in the upcoming decades, approximately $2.4 trillion of that is in U.S. real estate. Experts say that potential heirs to billions of dollars in real estate won’t receive it due to a lack of careful (or in some cases any) estate planning.
Too many people ignore planning as well as important conversations
One study found that just over half (57%) of Americans have a will. While that is an overall percentage, and there are variables like race and education level, it’s not just people who have few assets or a negative net worth that forego estate planning. Another problem is that many people don’t take the time to communicate their wishes with their loved ones or find out what assets they would find most valuable given their own goals and circumstances. This is true even among those who have an estate plan.Another study determined that more than two-thirds of parents 55 and over with $500,000 or more in investable assets haven’t discussed their plans for passing on their wealth with their children.
How inherited property can be lost
By not discussing valuable assets, such as homes, with adult children, parents may leave them property that they can’t afford to maintain or isn’t practical for them to have. People often need to sell their inherited property to avoid dealing with insurance, taxes, liens and more to companies that specialize in taking homes off people’s hands -- but at a substantial loss. Sometimes, children and other heirs end up fighting in court over a home, which can cost them a considerable amount of money and permanently destroy relationships. No one enjoys talking about what will happen after they die – let alone codifying detailed instructions. However, by having these discussions and creating a solid estate plan, Georgia residents can help ensure that the assets they’ve worked so hard to accumulate can remain in the family long after they’re gone.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Why “dooring” is so dangerous for bicyclists]]>https://www.wcgalaw.com/?p=2565552026-09-05T13:15:06Z2026-09-05T13:15:06ZWhat does Georgia law say?
Georgia law says the following about dooring: “No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”
This is considered a traffic offense. However, if a cyclist is seriously injured or killed or if someone intentionally tried to harm a cyclist, they could potentially face legal consequences in addition to a civil lawsuit by the victim or surviving family.
Having experienced legal guidance can help victims and their loved ones seek fair compensation for medical bills and other expenses and damages, regardless of whether criminal charges are ever filed.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Finding heirs when someone without immediate family dies]]>https://www.wcgalaw.com/?p=2565532026-08-22T13:48:04Z2026-08-22T13:48:04ZHow do people locate heirs?
Personal paperwork and incoming correspondence can help identify family members and prospective heirs. Once the courts appoint an individual to act as personal representative, their ability to open the mail, check financial records and otherwise examine the personal history of the decedent can help them locate siblings, parents and other family members protected by intestate succession laws.
In some cases, publishing notice of upcoming estate administration can prompt potential heirs to assert themselves. Other times, working with a professional to identify and locate heirs might be necessary. With the right assistance, a personal representative can find the people with the statutory right of inheritance and ensure their compliance with all relevant probate statutes.
Having legal guidance may make it easier to understand who has a right of inheritance and how best to identify those parties. Personal representatives often require legal support to fulfill estate administration responsibilities, and that’s okay.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[4 types of nursing home abuse]]>https://www.wcgalaw.com/?p=2565512026-08-10T14:50:51Z2026-08-10T14:50:51ZFamilies often place loved ones in nursing homes because they need regular care, supervision and help with daily activities. When that trust is violated, abuse can cause physical harm, emotional distress and financial loss.
Knowing the types of nursing home abuse can help you recognize warning signs and act when something seems wrong. Some forms of abuse are obvious, while others may develop quietly over time.
Emotional abuse
Emotional abuse can include threats, intimidation, humiliation, harassment or repeated insults. A resident may become unusually withdrawn, anxious or fearful around certain staff members.Because emotional abuse does not always leave visible injuries, changes in behavior may be especially important. If your loved one suddenly seems afraid to speak openly or appears distressed after interactions with caregivers, it may be worth asking questions.
Sexual abuse
Sexual abuse involves unwanted sexual contact or conduct involving a resident who cannot provide valid consent. Older adults with cognitive impairments or serious health conditions may be particularly vulnerable.Possible warning signs can include unexplained bruising, fearfulness, sudden behavioral changes or discomfort around certain people. Any concern involving possible sexual abuse should be taken seriously.
Neglect and abandonment
Neglect happens when caregivers fail to provide necessary care, supervision or assistance. This may involve missed medications, poor hygiene, inadequate nutrition, untreated medical problems or leaving a resident without needed support.An injury in nursing home settings may sometimes result from neglect rather than direct physical abuse. Repeated falls, pressure sores or unexplained weight loss may indicate that a resident is not receiving appropriate care.
Financial exploitation
Financial exploitation occurs when someone improperly uses a resident's money, property or financial information. This can involve unauthorized withdrawals, suspicious purchases, unexplained account changes or improper billing.Residents who depend on others to manage their finances may be especially vulnerable. Family members should review unusual transactions and ask questions when financial activity does not make sense.Recognizing the types of nursing home abuse is an important first step in protecting a vulnerable resident. If you suspect mistreatment or believe an injury resulted from improper care, document what you observe and seek legal guidance to understand what steps may be available.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Are nursing home falls always preventable?]]>https://www.wcgalaw.com/?p=2565482026-07-25T16:50:41Z2026-07-25T16:50:41ZProper support limits fall risk
Technically, nursing homes cannot fully control the behavior of residents, which means there is no way to eliminate fall risks. However, adequate staffing, timely support when requested and appropriate evaluations of individual residents can limit the likelihood of an adult slipping, tripping or falling.
They may need help attending to daily hygiene matters or dressing themselves. They may require assistive technology, such as canes, walkers or even wheelchairs to limit their risk of falls as they go about their day.
Nursing homes should evaluate residents and provide them with enough support to minimize their risk of a fall. When negligent care, such as a failure to attend to a resident who needed to use the bathroom, results in a fall, the facility may be at least partially to blame for the incident.
Reviewing fall circumstances with an attorney can help families protect their loved ones. A personal injury lawsuit to cover medical costs and other expenses can be an effective and appropriate reaction to preventable falls in nursing homes.
]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[What happens if an at-fault party dies before a lawsuit is completed?]]>https://www.wcgalaw.com/?p=2565462026-07-11T12:39:10Z2026-07-11T12:39:10Z1. The claim may shift to the estate
If the person responsible has passed away, their estate may become involved in the case at issue. Estate administration is the legal process used to handle a person’s property, debts and claims after death. This does not mean you would be taking action against grieving family members personally. Instead, the claim is handled through the estate’s representative and any available insurance.
2. Insurance may be used
In many wrongful death cases, insurance plays a major role. For example, if the at-fault party caused a deadly crash and had auto insurance, that policy may still apply even after their death. Insurance companies may still investigate, challenge fault or question damages. You need records, reports, witness statements and medical information to show what happened and how the loss affected your family.
3. Deadlines can become more complicated
When the at-fault person dies, timing may become harder to manage. Probate deadlines, claim filing rules and wrongful death limits may all affect your options. Waiting too long can make it harder to protect your claim. It can also create problems if the estate closes or key evidence becomes harder to find.
Losing a loved one is painful enough without trying to understand estate issues, insurance questions and court deadlines on your own. When an at-fault party dies before a wrongful deal lawsuit begins or fully resolves, know that a legal representative can help you understand the next steps and protect your family’s right to be heard.]]>On Behalf of Whelchel & Carlton, LLP<![CDATA[Who is liable when escaped livestock causes crop damage?]]>https://www.wcgalaw.com/?p=2565442026-06-30T00:43:54Z2026-06-30T00:43:54ZYes, owners are liable for livestock damages
Georgia state statutes clearly require that livestock owners take appropriate steps to contain their animals. They should never allow livestock onto public roads or onto other people's private property without permission in advance.
Appropriate steps to secure and monitor livestock are necessary to mitigate the liability that comes from animal husbandry. If neighboring farmers or property owners report financial losses after a livestock elopement incident, the farmer who owns the animals may need to compensate the property owner or farmer affected by the animal’s escape.
In some cases, agricultural insurance can cover some of those costs. Other times, farmers may be at risk of litigation. Details about the situation, including how a neighbor maintained a shared fence, could influence the allocation of responsibility. It may be possible to settle the matter without the issue going to trial.
Working with an attorney who has experience with agricultural law can help farmers limit their financial risk and legal liability. Animal escapes are one of many scenarios that farmers may need to plan for before they occur.]]>