Direct Phone: (540) 904-7835
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| Direct Fax: (866) 684-7835 |
| mwhitlow@whitlowyouell.com |
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| Education: |
J.D., cum laude University of Richmond, T.C. Williams School of Law, 1995
B.A., Virginia Tech, 1990
Member, McNeill Law Society |
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| Recognitions: |
Named “Legal Elite” by Virginia Business Magazine in Environmental Law
Second Place in “Valley Top Lawyers” by Roanoker Magazine in Land Use/Environmental Category |
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| Community/Volunteer Activities: |
Past President and Past Board Member, Saint Francis Service Dogs
Volunteer, Roanoke City Youth Court
Member, Second Presbyterian Church |
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| Relevant Experience — Will, Trust and Estate Litigation |
- Represented beneficiaries of trust and wills in suits against fiduciaries to remove them for beach of fiduciary duties, and to force compliance with fiduciary duties
- Successfully defended beneficiary of multi-million dollar estate against claims of undue influence.
- Obtained significant settlements for plaintiffs challenging wills on the bases of incompetency and undue influence
- Terminated irrevocable trusts that had become subject to administrative fees that were excessive and unnecessary
- Challenged a will on the basis of mental incompetency and undue influence; defendant ultimately agreed that will was invalid without going to trial
- Helped beneficiaries obtain distributions from estate when personal representative refused to
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| Relevant Experience —Real Estate Litigation |
- Represented defendant in multiple breach of contract case that was successfully mediated
- Defended a prescriptive easement suit that was settled with client’s attorneys fees paid as part of the settlement
- Regularly represents landlords in unlawful detainer actions to recover possession and obtain judgment for unpaid rent and costs
- Defended homeowner in suit by developer to enforce restrictive covenants of subdivision
- Successfully settled a boundary line dispute where part of settlement was client obtaining drainfield easement on disputed property
- Represents title insurance company in claims litigation
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| Relevant Experience — Environmental Law and Litigation |
- Successfully defended owner of gasoline/convenience store relating to water well contamination
- Represented purchaser of abandoned industrial site as Brownfield site, including successful completion of Virginia Voluntary Remediation Program
- Represented owner of industrial site in analyzing liability related to environmental condition of property and potential sale
- Reorganized corporate structure of client to maximize benefits under Virginia Petroleum Underground Storage Tank Fund
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| Relevant Experience — Commercial Real Estate |
- Represented seller of multiple convenience store locations, including advising and negotiating related to environmental issues
- Represented national company in the sale of its Salem, Virginia facility
- Represented seller in multi-party transaction for construction of a retail facility for large retailer
- Negotiated multiple leases for franchise company in shopping malls and related facilities
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| Relevant Experience — Commercial Litigation |
- Represented national hotel chain in dispute with licensee over termination of license agreement and fees due and owing
- Represented large banking institution in collection suits against defaulting borrowers
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