John N. Hutson, Jr.

With over forty years of experience in litigation, John’s primary focus is on helping individuals and families who need his experience to navigate estate, trust or guardianship issues. He also works with businesses in evaluating contracts and handling commercial disputes. John’s experience representing individuals and families includes helping them navigate the difficult issues relating to the death of a family member, disputes arising out of an estate plan or will contest, and issues relating to the guardianship or care of a parent or child. He has successfully assisted the children of elderly parents who are dealing with the effects of dementia or Alzheimer’s disease. He has also helped families deal with the damaging impact that the breach of a fiduciary duty can cause. John’s quiet demeanor and respect for all makes him perfectly suited for this type of work.

John’s clients benefit from his innate ability to resolve difficult contract disputes in an efficient, effective manner. Whether it is a breach of contract problem or a dispute between business partners, he has the ability to negotiate wisely, keeping the client’s best interest in mind. In cases where negotiation fails or becomes impossible, John is an aggressive litigator who represents his clients with zeal. His courtroom presence and knowledge of procedure provide him with the skills necessary to defend his clients thoroughly.

John is co-author of North Carolina Contract Law released in 2001 and North Carolina Contract Law, Second Edition, released in 2021. Published by LexisNexis and annually updated by its authors, this authoritative treatise analyzes more than two centuries of contract law and serves as an indispensable guide and resource for lawyers, judges, and law students.

John is an elected Fellow of the American College of Trust and Estate Counsel (ACTEC) and is recognized in North Carolina Super Lawyers® and Business North Carolina’s Legal Elite.

Representative Matters

Estate and Fiduciary Litigation

• Represented parties in will contests.
• Represented parties in lawsuits concerning the validity of trusts.
• Represented parties in actions seeking to remove trustees, executors, or guardians.
• Has recovered millions of dollars in real and personal property which was wrongfully taken from decedent’s while they were alive.
• Represented parties in challenges to the validity of joint accounts with rights of survivorship and pay on death accounts.
• Represented parties in disputes over misuse or alleged misuse over a power of attorney.
• Represented parties in actions to compel trustees, executors, or guardians to provide a proper accounting.

Business Litigation

• Represented parties in disputes involving numerous types of contracts including real estate contracts, leases, contracts for the sale of goods, and covenants not to compete.
• Represented parties in disputes arising out of closely held corporations, limited liability companies and partnerships.
• Represented the landowner, the commercial tenant, and the municipality in condemnation cases.
• Represented the creditor in numerous Chapter 11 proceedings in which the creditor was owed more than $3,000,000, including one case in which the creditor was owed over $30,000,000.
• Obtained a $24,184,059 judgment for a real estate developer against a mortgage loan broker.

Mr. Hutson is a frequent speaker at continuing legal education programs. Please click on “Publications & Presentations” link above to see a list of some of his presentations.