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.

Represented many corporate and individual trustees of revocable and irrevocable trusts, relating to trust creation, funding, administration, interpretation and distributions.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

We defended a national financial services firm against allegations of breach of fiduciary duty relating to a large revocable trust that became irrevocable at the grantor’s death. Our client served as the corporate trustee for the trust. The co-defendant was an individual co-trustee who had power of attorney for the disabled grantor during her lifetime and was her nephew. The suit was brought by the deceased grantor’s daughter and granddaughter, alleging breach of fiduciary duty relating to the grantor’s disability and competency to make testamentary dispositions – which were in favor of the nephew and other members of his family. We have taken or attended more than 20 depositions, filed motions to disqualify the plaintiff’s experts, and worked with our experts on the grantor’s disability and the fiduciary duties of the corporate co-trustee.