Attorney Robert W. Hughes Jr.'s Legal Cases

Probate

In Re Estate of Durward Wright

Mar 09, 2020

OUTCOME: March 9, 2020

Under Georgia law, probate courts have broad discretionary power to remove an administrator of an estate upon showing waste, mismanagement, or unfitness for the trust reposed in him. Here, the probat ... e court removed Appellant as Administrator of the Estate of Durward M. Wright for his mismanagement and unfitness for the trust reposed in him by violating the trial court’s previous order allowing him to remain as Administrator. The court order resulted from an earlier hearing on a petition for settlement of accounts where the court premised the Appellant’s continued service on his compliance with an agreement the parties reached. Appellant’s failure to comply with the probate court’s order hindered and prolonged the administration of the Estate.

Guardianship

Steen-Jorgensen v. Huff, 352 Ga. App. 727, 727, 835 S.E.2d 707, 708 (2019)

Oct 30, 2019

OUTCOME: We secured a reversal of the trial court for our client, the Appellant.

The judgment declining to exercise jurisdiction over the appointment of a guardian and/or conservator for a father with dementia was vacated because the superior court set out the basic facts of the ca ... se, listed the nine factors set forth in O.C.G.A. § 29-11-15(c), and concluded that North Carolina was a more appropriate forum but did not apply the enumerated factors to the facts nor indicated which factors supported its decision, or state which factors (if any) it had disregarded as not relevant; [2]-As such, the court could not ascertain the superior court's essential reasoning, and meaningful appellate review was not possible. Steen-Jorgensen v. Huff, 352 Ga. App. 727, 727, 835 S.E.2d 707, 708 (2019)

Probate

In Re: Estate of Thomas Edward Fogerty, Jr.

Dec 04, 2018

OUTCOME: Thomas Edward Fogerty, III was declared the child of Thomas Edward Fogerty, Jr and inherited his entire estate.

Thomas Edward Fogerty, III retained this firm to enforce his inheritance rights when his father Thomas Edward Fogerty, Jr. passed away. Thomas had not seen his father since his parents' divorce. Foge ... rty Jr. had proclaimed to others that Thomas was not his child. As he was dying, Fogerty Jr. told his nephew and niece they would inherit his estate because he did not have any children. When these two told Thomas he was not the son of Fogerty Jr. and would not inherit, Thomas submitted to a DNA test to prove his parentage. The test results proved Thomas was not Fogerty Jr.'s child. Regardless of this fact, we were able to prove to the trial court that Fogerty Jr. had claimed Thomas as his child during Fogerty Jr.'s divorce from Thomas's mother. Because a trial court had previously found Thomas to be the son of Fogerty Jr., res judicata attached. This means that once a trial court determines who a child's father is, that decision, if not appealed, becomes the rule in the future. Because of this ruling, Thomas inherited his father's estate as his father had no other children

Probate

Regal Nissan, Inc. v. Scott, 348 Ga. App. 91, 821 S.E.2d 561 (2018)

Oct 09, 2018

OUTCOME: The Court of Appeals upheld our client's victory in the trial court

[1]-The order granting an estate administrator of a deceased shareholder the right to inspect defendant's corporate books under O.C.G.A. § 14-2-1602 and denying defendant's motions to compel and stay p ... ending arbitration was affirmed because the statutes governing the transfer of stock to the estate vested ownership of the shares in the administrator of the estate and the probate court's order granted her a trustee's powers over those shares; [2]-As such, in her capacity as administrator, the estate administrator took the deceased shareholder's place as a shareholder of defendant's stock, with all the powers associated with that position.

Probate

Scott v. Regal Nissan

Feb 15, 2018

OUTCOME: Scott is authorized to review the corporate records.

Our client, Scott, recently lost her husband suddenly. He was an owner of Regal Nissan. After his death, Regal attempted to enforce a buy-sell agreement against our client without giving her the oppor ... tunity to review the corporate financials to assure herself that the buyout price was appropriate. After Regal refused her request for the records, Scott sued in superior court for the records. The trial court granted Scott's request to review the records.

Probate

Hauck v. Hauck

Jan 08, 2018

OUTCOME: Judgment for the Defendant

In this case, the plaintiff's husband passed away while a divorce was pending. The husband had identified his sister as the beneficiary of a few of his financial accounts. The plaintiff was trying to h ... ave the court order the funds back into the estate to benefit the estate rather than the defendant sister. The court granted judgment to the defendant sister.

Probate

In re: Estate of Edison Milbourne

May 01, 2017

OUTCOME: Edison's only child, my client, was victorious.

In the first appearance of this case in the Georgia Supreme Court, the Court determined that the trial court correctly determined that sufficient questions of fact existed concerning the undue influenc ... e by Edison's sister over him in the preparation of Edison's Will. The Court also determined that Edison did not revoke his will by simply telling his sister that he did not want the will.

Probate

Estate of Edison Milbourne

Mar 27, 2015

OUTCOME: Award of Year's Support to Client

We are pleased to announce that we were able to obtain for our minor client the home in which her father lived and $100,000 from his Estate as her Year’s Support award. This case was hard fought and h ... ighly contentious. Because of our work, our client will be able to attend highly rated schools and will be able to enjoy the fruits of home ownership at an early age. At Hughes and Associates, we strive to find every available opportunity for our clients to achieve their end goal. Please feel free to download our white paper on year’s support from our website.

Computer fraud

Advanced Computing Technology v. Delphi Communications, Inc., Brent Seyler et al

Feb 17, 2015

OUTCOME: Plaintiff awarded judgment of $140,000

We are pleased to announce another victory at trial in the case of Advanced Computing Technologies, Inc. versus Delphi Communications, Inc., Brent Seyler and Sergey Alexandrov. In this case, our clien ... t, Advanced Computing Technologies, Inc., sued the defendant for computer trespass and computer theft. The defendants were formerly employees of my client, and left to start a competing business. When they left, they took with them copies of my client's computer database. With this database, they were able to contact all customers and begin providing a competing service within days of leaving the employment of my client. The trial resulted in a verdict of $143,000 for my client. Should you have any issue with employee piracy, computer trespass or computer theft by your current or former employees, please give us a call; we can provide assistance to you.

Probate

Banner v. Vandeford

Sep 23, 2013

OUTCOME: My clients were successful

We are proud to report that we successfully defended our clients’ position, when their father attempted to omit them from his will. The father prepared a new will at the insistence of one of his child ... ren. When the new will was prepared, it failed to include a clause disposing of all assets not otherwise mentioned in the will. This is known as a residuary clause. It was obvious from the language used earlier in the will that the father did not want my clients inheriting any of his estate. We were able to convince the trial court that the father's defectively drafted will did not omit my two clients who would inherit 2/3 of the estate. Ultimately, the Supreme Court of Georgia upheld the trial court’s decision and now my clients have gone from being completely omitted from their father's will to inheriting 2/3 of his estate.

Robert W. Hughes Jr.'s Legal Cases (23)

In Re Estate of Durward Wright

Steen-Jorgensen v. Huff, 352 Ga. App. 727, 727, 835 S.E.2d 707, 708 (2019)

In Re: Estate of Thomas Edward Fogerty, Jr.

Regal Nissan, Inc. v. Scott, 348 Ga. App. 91, 821 S.E.2d 561 (2018)

Scott v. Regal Nissan

Hauck v. Hauck

In re: Estate of Edison Milbourne

Estate of Edison Milbourne

Advanced Computing Technology v. Delphi Communications, Inc., Brent Seyler et al

Banner v. Vandeford