Experience
Probate, Estate, and Trust Administration
Represented many executors, administrators and other personal representatives in probate courts and estates in Lexington and central Kentucky, and as far east as Boyd County (Ashland), and as far west as Christian County (Hopkinsville); as far north as Boone County, and as far south as Harlan County (Harlan), Kentucky.
Probate, Estate, and Trust Administration
Represented many heirs in probate courts, estates and trusts in many matters, who were not the executor or administrator for the estate or the trustee for the trust.
Probate, Estate, and Trust Administration
Represented many corporate and individual trustees of revocable and irrevocable trusts, relating to trust creation, funding, administration, interpretation and distributions.
Litigation – For the Defense
Fiduciary Litigation
Defended corporate and individual executors, administrators and trustees against claims of misfeasance, malfeasance, breach of fiduciary duty and surcharge by beneficiaries.
Defended corporate and individual executors, administrators and trustees against claims of misfeasance, malfeasance, breach of fiduciary duty and surcharge by beneficiaries.
Litigation – For the Defense
Fiduciary Litigation - Statute of Limitations for Claims
Successfully imposed Kentucky's six month claims statute of limitations as a defense to claim by co-owners of real estate investment with deceased, for contribution to mortgage, where claim was not filed during six month claims period.
Successfully imposed Kentucky's six month claims statute of limitations as a defense to claim by co-owners of real estate investment with deceased, for contribution to mortgage, where claim was not filed during six month claims period.
Litigation – For the Defense
Fiduciary Litigation - Renunciation of Will
Successful defense of attempt by widow to only partially renounce the Will of her husband.
Successful defense of attempt by widow to only partially renounce the Will of her husband.
Litigation – For the Defense
Fiduciary Litigation - Attempt to Partition of Horse Farm
Successfully defended two of five children of deceased, against attempt by other two children to force the sale of a horse farm as a whole, rather than partitioning it among the children.
Successfully defended two of five children of deceased, against attempt by other two children to force the sale of a horse farm as a whole, rather than partitioning it among the children.
Litigation – For the Defense
Fiduciary Litigation - Easement Across Shopping Center
Successfully defended trust which owned shopping center against claim by an adjacent gas station owner of a right to an easement or other license to use shopping center roads for ingress and egress.
Successfully defended trust which owned shopping center against claim by an adjacent gas station owner of a right to an easement or other license to use shopping center roads for ingress and egress.
Litigation – For the Defense
Prenuptial Agreement Litigation - Increase in Husband's Net Worth
Successfully defended attempt by wife to set aside prenuptial agreement, where husband's net worth quadrupled during marriage.
Successfully defended attempt by wife to set aside prenuptial agreement, where husband's net worth quadrupled during marriage.
Litigation – For the Defense
Commercial Litigation - Guaranty to Small Business Administration
Successfully defended guarantor of SBA loan, where SBA had extended the loan, after the execution of the Guaranty, to a subsequent buyer of the business.
Successfully defended guarantor of SBA loan, where SBA had extended the loan, after the execution of the Guaranty, to a subsequent buyer of the business.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Guardianship Funds Recovery
Successfully represented ward against uncle who was appointed as her Guardian years earlier upon death of both parents. Secured judgment and collected against Guardian, individually.
Successfully represented ward against uncle who was appointed as her Guardian years earlier upon death of both parents. Secured judgment and collected against Guardian, individually.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Non-Qualified Deferred Compensation Plan Recovery
Represented ten former employees of company for recovery of full benefits under non-qualified deferred compensation plan. Case settled, shortly before scheduled deposition of principal of company.
Represented ten former employees of company for recovery of full benefits under non-qualified deferred compensation plan. Case settled, shortly before scheduled deposition of principal of company.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Owner of Half of Closely Held Corporation
Represented owner of one-half of outstanding shares of closely held corporation, to pursue and enforce her stockholder's rights in ongoing business operation. Case settled, whereby client sold her one-half interest for value.
Represented owner of one-half of outstanding shares of closely held corporation, to pursue and enforce her stockholder's rights in ongoing business operation. Case settled, whereby client sold her one-half interest for value.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Life Insurance Agent Without Agent of Record Letter
Represented insurance agent who obtained the multiple requirements of insurance company to issue a large rated life policy. Company issued the policy but awarded a different agent the commissions, due to an Agent of Record letter. Prevailed in trial court. Then successfully obtained dismissal of the appeal by the insurance company and collected judgment in full.
Represented insurance agent who obtained the multiple requirements of insurance company to issue a large rated life policy. Company issued the policy but awarded a different agent the commissions, due to an Agent of Record letter. Prevailed in trial court. Then successfully obtained dismissal of the appeal by the insurance company and collected judgment in full.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Cy Pres Litigation
Successfully represented village located in Greece, which was the beneficiary of a testamentary trust in Kentucky, established for the express purpose of building and equipping a hospital in village once the value of the accumulating trust assets could pay such cost in full. Final judgment allowed the trust assets to be fully used to build smaller medical facility in village.
Successfully represented village located in Greece, which was the beneficiary of a testamentary trust in Kentucky, established for the express purpose of building and equipping a hospital in village once the value of the accumulating trust assets could pay such cost in full. Final judgment allowed the trust assets to be fully used to build smaller medical facility in village.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Abuse of Power of Attorney Instrument
Successfully represented widow, where deceased husband's bank account had been re-titled, purportedly pursuant to a power of attorney, by child of prior marriage, who was attorney-in-fact, into a new joint account with another child of the prior marriage.
Successfully represented widow, where deceased husband's bank account had been re-titled, purportedly pursuant to a power of attorney, by child of prior marriage, who was attorney-in-fact, into a new joint account with another child of the prior marriage.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Unreleased Prior Mortgage at Refinancing
Successfully represented husband and wife who refinanced home, where the loan company failed to pay off the old mortgage loan with the proceeds of the new mortgage loan. Obtained summary judgment that loan company was the agent of old mortgage holder, for purpose of receiving the first mortgage pay off. Therefore, collection of the loan proceeds at closing by the closing agent was held to be payment to the holder of the old mortgage. Old mortgage holder ordered to release old mortgage lien and to pay attorney fees for failure to timely release old mortgage lien.
Successfully represented husband and wife who refinanced home, where the loan company failed to pay off the old mortgage loan with the proceeds of the new mortgage loan. Obtained summary judgment that loan company was the agent of old mortgage holder, for purpose of receiving the first mortgage pay off. Therefore, collection of the loan proceeds at closing by the closing agent was held to be payment to the holder of the old mortgage. Old mortgage holder ordered to release old mortgage lien and to pay attorney fees for failure to timely release old mortgage lien.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Will Contest
Brought Will Contest for child, challenging Will of deceased parent. Case settled shortly before trial.
Brought Will Contest for child, challenging Will of deceased parent. Case settled shortly before trial.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Misrepresentation by Partner In Charge
Represented one of three partners against the third partner who handled the books for a partnership which was in the construction business. Successfully secured judgment at trial for additional undisclosed profits. Also successfully secured a ten percent penalty for second appeal, where the third partner, after judgment was entered against him, filed a supersedeas bond, when Supreme Court of Kentucky denied discretionary review.
Represented one of three partners against the third partner who handled the books for a partnership which was in the construction business. Successfully secured judgment at trial for additional undisclosed profits. Also successfully secured a ten percent penalty for second appeal, where the third partner, after judgment was entered against him, filed a supersedeas bond, when Supreme Court of Kentucky denied discretionary review.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Misrepresentation by Partner In Charge
Represented the second partner, in the above partnership, who brought claims against the partner in charge after the success of the first partner. Overcame formal Release, signed by client years earlier upon a purported full distribution of profits, before counsel was retained.
Represented the second partner, in the above partnership, who brought claims against the partner in charge after the success of the first partner. Overcame formal Release, signed by client years earlier upon a purported full distribution of profits, before counsel was retained.
Litigation - for Heirs and for Claimants
Fiduciary Litigation - Joinder of Surviving Spouse
Represented widow of decedent who was refused admission as a party by the trial court to litigation regarding a deferred compensation benefit with the employer of the decedent. Obtained appellate reversal, directing widow be added as a party to the litigation.
Represented widow of decedent who was refused admission as a party by the trial court to litigation regarding a deferred compensation benefit with the employer of the decedent. Obtained appellate reversal, directing widow be added as a party to the litigation.
Declaratory Judgment Proceedings; Actions for Instructions from Court or to Settle Estate; and Related Other Proceedings
Fiduciary Litigation
Represented many executors, administrators, trusts and heirs in such proceedings in the courts of Kentucky.
Represented many executors, administrators, trusts and heirs in such proceedings in the courts of Kentucky.
Declaratory Judgment Proceedings; Actions for Instructions from Court or to Settle Estate; and Related Other Proceedings
Fiduciary Litigation - Noncompete Clause Challenge
Represented physicians employed by medical group, to set aside written noncompete provisions in employment agreements. Settled shortly before hearing set upon motion for summary judgment filed by physicians.
Represented physicians employed by medical group, to set aside written noncompete provisions in employment agreements. Settled shortly before hearing set upon motion for summary judgment filed by physicians.
Declaratory Judgment Proceedings; Actions for Instructions from Court or to Settle Estate; and Related Other Proceedings
Fiduciary Litigation - Enforcement of Trust Clause
Successfully represented religious denomination in lawsuit filed by eight remaining members of local church who sought to control over half a million dollars of church assets. Successful recovery of summary judgment and full collection of assets to religious denomination.
Successfully represented religious denomination in lawsuit filed by eight remaining members of local church who sought to control over half a million dollars of church assets. Successful recovery of summary judgment and full collection of assets to religious denomination.
Declaratory Judgment Proceedings; Actions for Instructions from Court or to Settle Estate; and Related Other Proceedings
Commercial Litigation - Installment Loan
Successfully recovered balance of installment loan, with interest and most attorney fees, where food service vendor with exclusive contract sold the contract which had been pledged to secure the installment loan, to third party, thus triggering acceleration clause in installment loan note.
Successfully recovered balance of installment loan, with interest and most attorney fees, where food service vendor with exclusive contract sold the contract which had been pledged to secure the installment loan, to third party, thus triggering acceleration clause in installment loan note.
Declaratory Judgment Proceedings; Actions for Instructions from Court or to Settle Estate; and Related Other Proceedings
Consumer Fraud - Invention Marketing Company
Represented customer of invention marketing company in consumer fraud claim against company principals. Case settled for multiple of amount paid to company by client, shortly before final pretrial conference.
Represented customer of invention marketing company in consumer fraud claim against company principals. Case settled for multiple of amount paid to company by client, shortly before final pretrial conference.