Michael S. Whitlow
Will, Trust, Estate and Fiduciary Litigation Read more about this area of Practice >>
- Obtained judgment in two day trial for father defending an alleged oral contract to make
a will claim.
- Mediated a settlement for client who claimed undue influence relating to re-titling of
brokerage accounts by decedent father shortly before his death.
- Obtained judgment against defendant Executor who could not properly account for the
disposition of substantial Estate assets.
- Represented multiple clients in suits for aid and guidance relating to ambiguous or
problematic provisions in last wills and testaments, including handwritten additions to
- Represented children born out of wedlock in enforcing their inheritance rights relating to
biological parents' estates.
- Represented clients in multiple cases relating to documents sought to be established as a
last will and testament despite not complying with the statutory requirements for a last
will and testament under Virginia law.
- Represented both executors and beneficiaries under wills and trusts relating to objections
to accountings filed with the Commissioner of Accounts.
- 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 non-probate 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 many clients in partition suits involving co-owners of real estate, primarily when property has been inherited.
- Represented defendant in multiple breach of contract case that was successfully mediated.
- Defended a prescriptive easement suit that was settled with clientâ€™s attorneys fees paid as part of the settlement.
- 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 drain field 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.