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Timothy Edward Kalamaros

Timothy Kalamaros’s Legal Cases

13 total


  • Action for Fraud, Breach of Fiduciary Duty, Breach of Confidential Relationship, Imposition of Constructive Trust, & Accounting

    Practice Area:
    Trusts
    Date:
    Dec 30, 2005
    Outcome:
    TRO granted, followed by successful mediation.
    Description:
    Elderly Plaintiff alleged that his son, a recently disbarred attorney, had fraudulently obtained his signature on an irrevocable trust instrument, and a deed conveying an interest in his Brooklyn home into the purported trust. His petition for a temporary restraining order was granted preventing a pending sale of the real estate. The plaintiff died, and his Estate entered into a successful mediation with the defendants resulting in a confidential settlement.
  • Action to Enforce Terms of Trust, Compel Trustee Accounting, and Protect Trust Property from Improper Withdrawal

    Practice Area:
    Trusts
    Date:
    Nov 29, 2008
    Outcome:
    Trustee accounting provided, trust funds secured, parties mediated a settlement dissolving trust and went their separate ways.
    Description:
    Tim Kalamaros represented brothers whose father had recently died. The father had a second wife who had her own children from previous marriage. The husband and wife had made (with another lawyer) a "joint trust" which provided that the survivor could not take a certain share away from the children of the first-to-die spouse. However, the surviving wife presumed to "nullify" the trust and attempted to withdraw signficant amounts of money and certificates of deposit out of the name of trust and take it for herself, with the collusion of her own children. Attorney Kalamaros docketed trust in the local probate court, demanded a trustee accounting, petitioned for instructions to prevent the malfeasance; and based on this action was able to get most trust assets frozen at banks prior to the defendant misappropriating them.
  • Probate and Defense of Will, Rendering of Accounting, and Defense of action to Transfer Non-Probate Assets into Estate

    Practice Area:
    Probate
    Date:
    Aug 27, 2009
    Outcome:
    Accounting rendered successfully. Petition to recover assets not granted. After these outcomes, plaintiff agreed to a settlement dismissing her case and allowing the probate of the will and continuing of the estate adminstration without her.
    Description:
    Attorney Kalamaros represented a daughter-in-law and other heirs of a deceased lady who had named the client her Personal Representative in her will and also disinherited her daughter. The daughter sued to contest the will, remove the client as P.R., demanded an accounting, and petitioned the court to order the client to transfer into the estate, her joint bank account and insurance monies received as a consequence of the decedent's death. That petition was denied, nor did the accounting reveal any problems. Discovery was taken concerning the will contest and after motion practice defendant took a settlement dismissing her contest.
  • Action by Dr. v Salesman: Breach of Contract, Fraud/ Defense of Breach of Contract and Counterclaim v Financing Co.

    Practice Area:
    Contracts & Agreements
    Date:
    Jul 23, 2007
    Outcome:
    Judgment successfully obtained against salesman; then, favorable mediated settlement of action by financing company.
    Description:
    Client was a Doctor who leased an expensive medical apparatus. The salesman of the apparatus had drafted leases for the finance company and made false representations to Doctor about the cost, revenues, and details and effects of various legal arrangements, which were improperly prepared by the salesman engaged in unauthorized practice of law. Judgment against salesman obtained. Doctor was also defended in related action by financing company for breach of lease of the medical appparatus and counterclaim was made against financing company for its collusion the salesman in the matters alleged in the other suit. A favorable outcome was obtained in the defense based on a mediated settlement between parties.
  • Will contest, Action to impose trust due to Slayer's rule; Wrongful Death, and Interpleader of life insurance proceeds

    Practice Area:
    Litigation
    Date:
    Dec 13, 2012
    Outcome:
    Extensive litigation followed by successful mediations and settlements.
    Description:
    In summer of 2009 a local eye doctor charged with criminal fraud, killed his wife, and then himself. We represented the natural heir of the victim-wife and her estate, and sued the husband's estate for wrongful death, to contest a bogus will, and remove an improper executor; and also to impose a constructive trust over the estate and life insurance proceeds under the "Slayer's Rule" that prohibits a murderer from profiting from a homicide. The PR was immediately replaced with an agreed "Special Representative" and in an exceptional ruling by he judge, a "Special Master" was appointed to assist the court in the complex legal and factual issues raised by the circumstances. Extensive litigation, discovery, and motion practice occurred, including settlement by the husband's estate of a federal criminal asset forfeiture action on terms agreed by all parties; assets were liquidated and a successful mediation was had among the heirs vindicating the position of the wife's estate. In the winding up phase of the husband's estate, wife's estate lawyers lodged objections against "big law" firm for an excessive legal fee claim, which was resolved by another successful mediation and favorable terms. Wife's estate received all expected funds and assets under settlement agreements and was finally closed December 2012.
  • Removal of Personal Representative

    Practice Area:
    Probate
    Date:
    Mar 28, 2013
    Outcome:
    Successful hearing, petition granted, PR removed and replaced by court.
    Description:
    Petitioned court to Remove P. R. who was treating his sister (client) unfairly, and because he was a convicted felon, improperly appointed in the first place. Also sought appointment of independent fiduciary.
  • Defense of Estate assets against excessive hospital claim

    Practice Area:
    Litigation
    Date:
    Dec 20, 2011
    Outcome:
    successful litigation, and favorable settlement
    Description:
    Uninsured decedent incurred a large hospital bill for stay which ended in his death. Hospital filed a claim against his estate assets for bill of $225,392. Tim Kalamaros represented P.R. who denied claimed services as inappropriately billed for various reasons. Subpoenaed all medical and billing records and hospital balked at providing them; motion practice ensued with orders entered against hospital in favor of estate. Hospital settled claim for 12 and half cents on the dollar.
  • Removal of hostile creditor as Personal Representative and Appointment of Heir as P.R.

    Practice Area:
    Probate
    Date:
    Apr 03, 2013
    Outcome:
    favorable
    Description:
    An estate was opened by a hostile creditor and a law firm appointed counsel as P.R. to collect and liquidate the client's mother's estate. We appeared and obtained removal of P.R. and substitution and appointment of the sole heir as P.R. The heir went on to adminster her mother's estate with our advice and handle the creditor according to law, but from a position of authority.
  • Removal of PR and appointment of independent fiduciary

    Practice Area:
    Probate
    Date:
    Mar 03, 2014
    Outcome:
    Favorable
    Description:
    Clients' deceased mother had a second marriage to a convicted felon who attempted to open her estate as the Personal Rep. I appeared on behalf of the children to have him removed. Hearing had with evidence presented on the record and witness examined and cross examined. Court removed him and ordered appointment of a neutral third party as the estate administrator.
  • Removal of Personal Representative and successful Probate of Will

    Practice Area:
    Probate
    Date:
    May 18, 2015
    Outcome:
    Favorable
    Description:
    After the death of a grandparent, one family member raced to the courthouse and opened an intestate estate and was appointed Personal Rep (PR). My client was the named executor and sole beneficiary under a will prepared by the deceased herself, who was not a lawyer. We located witnesses, obtained affidavits to support the will, and submitted it for probate. The judge approved and probated the will and removed the initial petitioner as PR in favor of my client.