Will, Trust and Estate Litigation

Mr. Whitlow has unique and specialized experience in the area of Virginia will, trust, and estate litigation.  His strength in this area lies not only in his extensive experience, but in his recognition of the complex emotional and familial issues that often drive these disputes.  Mr. Whitlow works to achieve positive results for his clients that also take into account the legal and interpersonal issues that exist in this area of Virginia law.  Mr. Whitlow’s particular areas of practice in this area include:

• Will contests (both challenging and defending wills);
• Suits related to non-probate assets, such as bank accounts, investment accounts, and insurance policies;
• 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; and
• Guardianship proceedings.

Real Estate Litigation

Real estate disputes are all too common are often costly and time consuming, resulting in lost time, resources, and full use of the property.  Mr. Whitlow and Mr. Ellerman understand that swift resolution of real estate disputes is essential and have considerable experience in litigating, and perhaps more importantly, resolving disputes in all types of Virginia real estate cases, including:

• Breach of real estate contract;
• Breach of warranties of title, including suits for damages, rescission, 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;
• Zoning and land use litigation; and
• Partition suits among co-owners of real estate

Environmental Law and Litigation

State and federal environmental laws and regulations are extremely complicated and have the potential to affect businesses and individuals both operationally and economically.  The risks of environmental liability may create serious obstacles to real estate transactions for owners, purchasers, sellers, landlords, and tenants.  We are able to assist businesses and individuals facing potential environmental liability to find to cost-effective and creative solutions for their needs.  Mr. Whitlow has experience in the litigation of claims for damages for clients who have suffered or have been accused of environmental contamination.  Our environmental law practice includes:

• Brownfields redevelopment, including representing clients in the Virginia Voluntary Remediation Program;
• Analysis of potential environmental liability in real estate transactions, both for buyers and sellers;
• Assisting clients with issues and potential liability related to petroleum and underground storage tanks, specifically with regard to the Virginia Petroleum Underground Storage Tank Program; and
• Environmental compliance relating to hazardous waste and Clean Water Act permits.
• Litigation related to environmental contamination, including suits for damages based on trespass and/or nuisance claims.

Commercial Real Estate

Our commercial real estate practice is broad and varied.  Our services range from complex transactions involving the acquisition and sale of real estate, real estate development and finance, and condominiums, to the representation of landlords and tenants in leasing transactions.  Examples of our practice and experience include:

• Drafting and contract negotiation for buyers and sellers of commercial real estate;
• Negotiation and drafting of leases for landlords and tenants;
• Representation of borrowers and lenders in complex real estate-based loan transactions;
• Representation of developers in the financing, acquisition, and development of real estate;
• Advising buyers and sellers of all aspects of 1031 like-kind exchange transactions;
• Preparing deeds, easements and other documents necessary to accomplish to accomplish the goals of our clients; and
• Creation and permitting of numerous commercial and planned residential developments.

Commercial Litigation

Mr. Whitlow has represented numerous individuals and businesses in a variety of Virginia commercial disputes. While commercial disputes are often well suited for mediation or negotiations outside the courtroom, we believe in taking a proactive approach to litigation, always seeking the swiftest, most effective resolution for our clients.  Areas of expertise include:

• Breach of contract disputes;
• Creditor’s rights, including identification of assets through debtor’s interrogatories and other means, as well as collection efforts

Banking

We have extensive experience advising and representing banks in a variety of areas, including the following:

• Structuring lending transactions from term sheet though consummation of loan;
• Drafting and negotiating loan documents in connection with all types of financing transactions, including secured and unsecured loans, construction and permanent financing for real estate projects and asset based lending;
• Working with lenders to successfully resolve loan restructuring and work-outs; and
• Handling collection efforts and foreclosures.

Business Law

Whitlow & Youell provides a broad array of services for businesses, from start-ups to established corporations.  Our business law practice focuses primarily on small- to medium-sized businesses in Southwest Virginia and we pride ourselves on developing close relationships with its business clients to most fully understand their needs.  Our business law practice includes:

• Entity selection and formation of Virginia corporations, limited liability companies, and partnerships;
• Preparation of organizational documents for business owners that account for the interests of the business and the owners and anticipate their respective needs going forward;
• Representation of small businesses in negotiating and obtaining financing for their business objectives;
• Drafting of all types of agreements that are needed in connection with the on-going operation of a business; and

Condominiums, Conversions, and Historical Redevelopment

Mr. Youell is recognized for his expertise in the areas of Virginia condominium development and conversions.  The Virginia Condominium Act and associate regulations are extremely complicated and require not only experience with their intricacies, but also a great attention to detail.  We work closely with property owners, architects, builders, local governments, accountants and other interested parties to achieve the clients’ development objectives.

Mr. Youell also has extensive related experience with the redevelopment of historic properties, both as residential and mixed use developments.  Mr. Youell works with developers to determine the best means of re-developing historic sites to bring them to their highest and best use.

Zoning and Land Use

We represent businesses and individuals in connection with zoning and land use issues, including rezoning, special use permitting, variances, and obtaining necessary permitting or approval for real estate development.  Our positive working relationships with local governments allow us to closely work with the authorities to satisfy and accomplish the goals of our clients in a myriad of zoning and land use issues.