Fiduciary Litigation

HunterMaclean’s fiduciary litigation practice group has formidable experience in all aspects of often complex disputes involving fiduciaries.

Overview

HunterMaclean’s fiduciary litigation practice group has formidable experience in all aspects of often complex disputes involving fiduciaries. Our attorneys have successfully represented executors, trustees, banks, and other fiduciaries, as well as charitable organizations and other beneficiaries, in a myriad of matters involving this particularized area of the law. Our experience includes a wide range of issues:

  • Estates and trusts
  • Breach of fiduciary duty
  • Guardianships
  • Conservatorships
  • Powers of attorney
  • Will contests
  • Probate
  • Business disputes

Regardless of your role in a fiduciary matter, we strive to resolve your issue efficiently and without entering the courtroom. If litigation becomes unavoidable, our team of skilled, experienced litigators, who collaborate with Firm attorneys specializing in trust and estate planning and taxation, is prepared to assist you through trial and appeals to achieve a favorable outcome.

“The parties to this appeal are represented by talented and skillful attorneys who have vigorously advanced their clients’ interests throughout this unique and complex piece of litigation.”

– Nalley v. Langdale, 319 Ga. App. 354 (2012) (Dillard, J., concurring dubitante in judgment only).
  • Removal of estate executor for breach of fiduciary duty, denial of compensation, and appointment of successor personal representative.
  • Declaratory judgment granted and affirmed by Georgia Court of Appeals construing language of will beneficially to certain family member clients.
  • Jury verdict, affirmed by the Georgia Supreme Court, in will caveat.
  • Defense of oil company in lawsuit brought by minority shareholder alleging fraud and breaches of fiduciary duty by the company’s directors, officers, and majority shareholder, leading to favorable settlement.
  • Summary judgment for executor in federal lawsuit filed against beneficiary who refused to pay her share of the estate tax attributable to the significant estate assets she received.
  • Favorable settlement of interpleader action on behalf of trust beneficiaries, resulting in substantial recovery of disputed funds.
  • Kersey v. Williamson, 284 Ga. 660, 670 S.E.2d 405 (2008)
  • Nalley v. Langdale, 319 Ga. App. 354, 734 S.E. 2d (2012)
  • Wang v. Liu, 292 Ga. 568, 740 S.E. 2d 136 (2013)
  • Smoot v. Smoot, No. CV 213-040, 2015 WL 2340822 (S.D. Ga. Mar. 31, 2015)

Arbitration & Mediation

HunterMaclean’s arbitration and mediation practice group features a talented team of attorneys who have served as mediators and arbitrators and who also routinely represent clients in various dispute resolution settings…

Estates & Trusts

HunterMaclean’s estates and trusts practice group represents clients throughout Georgia, providing services ranging from wills and trusts to sophisticated tax-efficient estate plans to facilitate the transfer of wealth and the…

Litigation

HunterMaclean’s litigation attorneys regularly represent clients in federal and state courts, administrative proceedings, arbitration panels, and other alternative dispute resolution tribunals.

Taxation

HunterMaclean’s taxation practice group excels in the areas of federal and state income taxation, federal estate and gift taxation, employee benefits, and partnership and pass-through entities.

Banking & Finance

Our team advises financial institutions, insurance companies, private investors, and municipalities on transactional and regulatory matters.

Real Estate

HunterMaclean’s real estate attorneys have extensive experience handling a wide variety of commercial and residential transactions.


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Contacts

Robert M. Hurst

Associate

Email

Tel 912.236.0261