Serving the Roanoke Valley and Southwest Virginia

Michael S. Whitlow

Michael S. Whitlow

Phone: 540-904-7835
Fax: 866-684-7835
mwhitlow@whitlowyouell.com

Education:

  • J.D., cum laude, University of Richmond, T.C. Williams School of Law, 1995
  • B.A., Virginia Tech, 1990
  • Member, McNeill Law Society

Recognitions:

  • Named “Legal Elite” by Virginia Business Magazine in Civil Litigation and Environmental Law
  • Second Place in “Valley Top Lawyers” by Roanoker Magazine in Land Use/Environmental Category

Community/Volunteer Activities:

  • Board Member, Roanoke Bar Association
  • Developed "You and the Law" Project, Roanoke Bar Association
  • Past President and Past Board Member, Saint Francis Service Dogs
  • Member, Second Presbyterian Church

Will, Trust and Estate Litigation    Read more about this area of Practice >>

  • Obtained a judgment imposing a constructive trust on assets that should have gone to clients upon their father's death based on an agreement made by their father.
  • Successfully proved an oral contract to make a will at trial.
  • Obtained judgment against administrators of estate for improper distributions and breach of fiduciary duty.
  • Successfully mediated estate dispute involving a will with multiple nonprobate assets.
  • 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 make distributions.

Real Estate Litigation  Read more about this area of Practice >>

  • Represented defendant in multiple breach of contract case that was successfully mediated.
  • Defended a prescriptive easement sui.t that was settled with client’s attorneys fees paid as part of the settlement.
  • Represented multiple clients in partition suits involving co-owners of real estate.
  • Regularly represent 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.

Environmental Law and Litigation  Read more about this area of Practice >>

  • Assisted multiple clients in obtaining liability comfort letters from Virginia Department of Environmental Quality.
  • 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.

Commercial Litigation  Read more about this area of Practice >>

  • Obtained arbitration award for homeowners in suit against construction contractor.
  • Represented large banking institution in collection suits against defaulting borrowers.
  • Represented national hotel chain in dispute with licensee over termination of license agreement and fees due and owing.

Commercial Real Estate  Read more about this area of Practice >>

  • 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.