Attorneys / A. Kirk Susong
Kirk Susong joined Caldwell & Watson in 2010 after leaving another fiduciary practice in Atlanta. He continues to concentrate his practice on the resolution of trust and estate disputes. He has represented executors, trustees and beneficiaries in numerous conflicts over the transfer of family property. He has published articles on these topics and taught CLE’s regarding the perils of trust and estate litigation. Representative cases include:
- When a major national bank acting as trustee of a $10,000,000 trust refused to increase its distributions to the beneficiaries, Mr. Susong successfully sued the bank and terminated the trust, distributing the entire trust immediately to the beneficiaries.
- When a major national bank acting as trustee of a $500,000 trust was sued by a disgruntled beneficiary who wanted increased distributions, Mr. Susong successfully defended the bank. The lawsuit was dismissed and the bank continued to operate the trust in the interests of all beneficiaries.
- When one beneficiary of a $10,000,000 estate sued the executors for breach of fiduciary duty arising out of the distribution of personal property, Mr. Susong successfully defended the executors, had the lawsuit dismissed and resolved the family’s dispute.
- When two beneficiaries of a $500,000 family trust were stonewalled by a major national bank acting as trustee, they retained Mr. Susong to obtain relief. Mr. Susong was able to obtain a six-figure recovery for the beneficiaries – without having to file a lawsuit.
- When a trustee of a $50,000,000 trust complained that his co-trustees were disregarding the trust agreement and mismanaging the trust assets, his co-trustees removed him from office. Mr. Susong successfully sued the trustees to force them to follow the terms of the trust agreement.
- When the executor of a $3,000,000 estate sought to probate a will which split the estate between herself and her brother, she discovered that he was offering a later will which disinherited her. Mr. Susong successfully probated the true will, and furthermore had the brother fully disinherited.
Mr. Susong was raised on a farm in Rockdale County, and received his bachelor’s degree from Washington & Lee University in philosophy. He received his law degree from the University of Virginia, where he was active on the Virginia Tax Review. He initially practiced as a general commercial litigator in North Carolina before moving for several years to New York City, where he practiced primarily in the area of civil and criminal tax litigation. He remains a member of the New York and North Carolina bars (though he is inactive in North Carolina). He returned to Atlanta in 2004.
Mr. Susong is married to the former Kate MacKenzie, and they have two children, Jack and India. He is active in North Avenue Presbyterian Church, and his hobbies include skiing, travel and college football. He recently attended the University of Chicago to obtain a master’s degree in philosophy and theology. His master’s thesis applied the philosophy of Ludwig Wittgenstein to the question of justification in John Calvin’s theology.