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Tish McDonald focuses on complex commercial litigation, with an emphasis in fiduciary litigation, trust and estate litigation, litigation involving non-profits, real estate litigation, and litigation involving governmental entities. A partner in our Trial and Global Practice Group, Tish represents trustees, executors, beneficiaries, developers, financial institutions, foundations and other non-profit entities and others in a variety of proceedings. Tish has litigated a wide range of fiduciary disputes, including breach of fiduciary duty actions brought by beneficiaries against executors and trustees (on both sides), including financial institutions; will/trust interpretation cases; trustee removal cases; trust modification matters; contested conservatorships; trust issues in divorce cases; matters involving the appropriate measure of fiduciary compensation; cases involving the alleged failure to notify or communicate with beneficiaries; cases involving statutes of limitation with respect to actions of fiduciaries; and matters involving the alleged malfeasance of an agent under a financial power of attorney. She has also handled cases involving the Attorney General of Georgia and the oversight of charitable trusts.

Tish has handled appeals before the Georgia appellate courts, including oral arguments. She assisted the District Attorney of Fulton County, Georgia in a high-profile murder case against an Atlanta lawyer on probate issues. Tish represents clients in commercial and fiduciary litigation, as well as litigation involving real estate transactions and governmental matters. She also represents colleges, universities and other nonprofit organizations, as well as educational accrediting agencies.

Past Publications

  • Co-author, "Emerging Issues in Fiduciary Litigation," Estate Planning Institute (2012)
  • Co-author, "It's Not About the Teacups: Proper Estate Planning May Prevent Family Blowups," Atlanta Woman Magazine (2008)
  • Co-author, "The Modern Estate Planning Lawyer: Avoiding the Maelstrom of Malpractice Claims," Probate and Property, American Bar Association (2008)

Past Speaking Engagements

  • "Can you Trust Trusts? Implications of Using Trusts in Divorce Cases," Atlanta Bar Association, February 2016
  • "That was Then, This is Now - Examining the Consequences of Estate Planning in a Subsequent Divorce Action When the Objectives of Fiduciary and Family Law Compete”, Fiduciary Law Institute, July 2015
  • "Special Considerations in Trust and Family Business Entities", presented to Judges on the Metro-Atlanta Business Court Division for the Fulton County Superior Court in Atlanta, Georgia, February 2012
  • "Avoiding the Pitfalls of a Malpractice Claim in the Modern Estate Planning World”, Fiduciary Law Institute, July 2009
Full Bio

Credentials

J.D., Vanderbilt University

B.A., Vanderbilt University, magna cum laude

Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Tax Court

Fellow, Litigation Counsel of America, 2007

Former Member, Board of Directors, Atlanta Bar Foundation

Graduate, Leadership Atlanta, Class of 2015

Lawyers Club of Atlanta, Past President

Master, Joseph Henry Lumpkin Inn of Court, 2009 - Present

Member, Atlanta Bar Association (Estate Planning & Probate, Family Law, and Litigation Sections)

Member, Board of Governors, State Bar of Georgia

Member, State Bar of Georgia, (Fiduciary, Non Profit, Family, Real Property, General Practice & Trial, School & College, and Local Government Sections), 1989 - Present

Insights

Article · Source: Willamette Management Associates Insights

October 1, 2019
The State of Domestic Self-Settled Asset Protection Trusts

Article · Source: Probate and Property, American Bar Association

November 1, 2016
Financial Powers of Attorney: Increased Oversight by States and Banks to Prevent Abuse

View all

Credentials

J.D., Vanderbilt University

B.A., Vanderbilt University, magna cum laude

Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Tax Court

Fellow, Litigation Counsel of America, 2007

Former Member, Board of Directors, Atlanta Bar Foundation

Graduate, Leadership Atlanta, Class of 2015

Lawyers Club of Atlanta, Past President

Master, Joseph Henry Lumpkin Inn of Court, 2009 - Present

Member, Atlanta Bar Association (Estate Planning & Probate, Family Law, and Litigation Sections)

Member, Board of Governors, State Bar of Georgia

Member, State Bar of Georgia, (Fiduciary, Non Profit, Family, Real Property, General Practice & Trial, School & College, and Local Government Sections), 1989 - Present