Practices Areas:
- Will, Trust & Estate Litigation
- Real Estate Litigation
- Environmental
- Commercial Real Estate
- Commercial Litigation
Direct Phone: (540) 904-7835
Direct Facsimile: (866) 684-7835
Email: mwhitlow@whitlowyouell.com
Education and Honors:
- J.D., cum laude University of Richmond, T.C. Williams School of Law, 1995
- B.A., Virginia Tech, 1990
- Member, McNeill Law Society
Affiliations and 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
- Member, Section Council, Virginia Bar Association, Environmental and Natural Resources Section
Community/Volunteer Activities:
- Board Member and Past President, Saint Francis Service Dogs
- Volunteer, Roanoke City Youth Court
- Member, Second Presbyterian Church
Will, Trust and Estate Litigation
Mr. Whitlow has experience in many aspects of estate litigation. These disputes are often between family members, and Mr. Whitlow understands that there are complex emotional and familial issues at work, and works to achieve results that take into account the legal and personal issues that exist in this complicated area of law.
- Will Contests (both challenging and defending wills)
- Suits relating to non-probate assets, such as bank accounts and investment accounts
- Fiduciary Litigation, including removal and defense of executors, administrators and trustees
- Suits for Aid and Guidance to interpret or construe wills and trusts
- Termination or modification of trusts
- Guardianship proceedings
Relevant Experience:
- Represented beneficiaries of trust and wills in suits against fiduciaries to remove them for breach of fiduciaries, 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
Real Estate Litigation
Real estate disputes are all too common, and Mr. Whitlow has considerable experience in litigating, and perhaps more importantly, resolving disputes in all types of real estate cases.
- Breach of contract, including suits for damages and specific performance
- Landlord/tenant disputes, including suits for unpaid rent and possession, as well as suits to determine the parties’ rights under ambiguous or confusing lease provisions
- Easement disputes, including suits to establish, terminate or relocate easements
- Adverse possession and prescriptive easement claims
- Boundary line disputes
Relevant Experience:
- 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
- Represent title insurance company in claims litigation
Environmental Law
Environmental laws and regulations are extremely complicated and cumbersome, and affect many businesses both operationally and economically. Environmental liability can also pose a serious risk for owners, purchasers, seller, landlords and tenants in real estate transactions. Mr. Whitlow assists businesses, individuals and real estate owners in this complex area of law.
- Brownfields redevelopment, including representing clients in the Virginia Voluntary Remediation Program
- Analysis of potential environmental liability in real estate transactions for both sellers and buyers
- Issues and liability related to petroleum and underground storage tanks, including the Virginia Petroleum Underground Storage Tank Program
- Environmental compliance relating to hazardous waste, and Clean Water Act permits
Relevant Experience:
- 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
Commercial Real Estate
Mr. Whitlow represents individuals and businesses in a variety of commercial disputes. Often, commercial disputes are well suited for mediation or negotiations outside the courtroom, and he has handled many negotiations and mediations for commercial clients.
- Breach of contract disputes
- Creditor’s rights, including identification of assets through debtor’s interrogatories and other means, as well as collection efforts
Relevant Experience:
- 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
Commercial Litigation
Mr. Whitlow has represented both buyers and sellers in the purchase and sale of commercial real estate, and landlord and tenants in lease transactions, including negotiation of leases and modification thereto, as well as negotiation of disputes prior to or in lieu of litigation.
- Contract negotiation and drafting for buyers and sellers of commercial real estate
- Negotiation of commercial leases for both landlord and tenants
- Representation of lenders in real estate based loan transactions
Relevant Experience:
- 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