Attorney Timothy Edward Kalamaros's Legal Cases

Trusts

Successful challenge of adverse trustee action in foreign state

Oct 15, 2024

OUTCOME: favorable

Represented an religious organization that was owed a gift from a decedent's trust in a foreign state. The acting trustee, based on its own beliefs rather than those of the deceased settlor of the tru ... st, unfairly criticized the organization's purposes, and went to court to try and get court approval to deviate from the explicit terms of the gift as stated in the trust, purportedly under cy pres doctrine. Kalamaros worked with a team of lawyers including one licensed in the jurisdiction where the action was filed, and a successful outcome was obtained with the organization receiving its due.

Trusts

Defense of Executor against Bank Trustee

Dec 30, 2021

OUTCOME: favorable order on final accounting

Daughter was Executor and court appointed P.R. of her Mom's estate, under a pour-over will giving the residue to Mom's trust,. Kalamaros represented the Daughter - Executor. A bank was in the positio ... n of legal beneficiary of the estate, due to being the acting trustee. The actual beneficiaries of the legatee trust, were the client and her sister. The estate administration involved complicated insurance assets and resolution of issues about real estate that were time consuming, complicated, and expensive to the Executor to resolve, through no fault of her own. Bank-trustee went along with it all for a couple years of sorting things out, then near the end, objected and balked and refused to repay Daughter's proper expenses and legal and administrative fees as Executor from the trust. Under threat of final accounting hearing adverse to bank-trustee, and a corresponding action for breach of trust, it acquiesced and paid.

Probate

Resolving Family Fight among Heirs of Interconnected Estate & Guardianship

Jun 03, 2021

OUTCOME: favorable judgment

A father's estate had heirs and co-executors arguing over the value and division of estate assets. There were also adverse legal claims on the estate, and also between heirs. Moreover, one heir was und ... er a guardianship, further complicating the prospect of settlement. The co-executors did not see eye to eye, either. Tim Kalamaros helped guide the family to a settlement and using the help of other lawyers to represent the various parties in conflict, shepherded a settlement through two different court venue and judge approvals, and performance of the settlement agreement, to bring the difficult family situation to a peaceful ending.

Probate

Successful Defense of Estate in a will contest

Nov 06, 2020

OUTCOME: favorable mediation

Kalamaros represented an estate. Will contest filed by a disinherited relative. Discovery was taken revealing weakness of contestant's case. Successful mediation was held resulting in dismissal of th ... e will contest, and the probate of the original will was upheld.

Probate

Award of estate vehicle to repay Personal Rep expenses

Oct 21, 2020

OUTCOME: favorable judgment

Firm represented a court appointed Personal Representative in administering estate of a deceased son. PR gathered assets and paid bills for estate out of his own money, and found that the estate was i ... nsolvent. PR filed petition to close estate and have the car of his son to be awarded to him as partial repayment. The wife, who had left the deceased son and filed for divorce, filed objections and claimed that title to the car was hers. A hearing was had on it with live testimony, dueling evidence, and legal argument. The outcome was good in favor of the client Personal Representative, who was awarded the vehicle and other remaining estate assets to repay him for the funeral and other estate expenses which he had paid.

Securities and investment fraud

$1.3 Million Judgment for Fraud against lawyer who exploited elderly clients

Aug 29, 2019

OUTCOME: favorable judgment

Tim Kalamaros and co-counsel David Wemhoff represented several elderly plaintiffs who were victims of an unethical estate planning lawyer who tricked them into a ponzi scheme. Suit was filed against t ... he bad lawyer, who absconded. Default obtained against the fraudster, who was eventually arrested, charged, and plead guilty to criminal fraud. However, during his incarceration, he challenged the default judgment. Litigation ensued and eventually the fraudulent lawyer stipulated to a $1.3 million dollar judgment against himself for fraud, in favor of Kalamaros' clients.

Probate

defense of widow against attempt to replevin goods by step-daughter

Aug 29, 2019

OUTCOME: favorable

Step-daughter of a widow sued her for return of goods allegedly owed to her which were given to the widow by the plaintiff's deceased father. Kalamaros represented the widow. Plaintiff tried to get a ... preliminary injunction for return of the goods. The court denied the request for an injunction in favor of Kalamaros' client. Remainder of the suit over back rent settled on favorable terms for the widow.

Probate

Defense of Estate Personal Representative against claimant

Nov 29, 2018

OUTCOME: favorable

Son and PR of estate represented by Tim Kalamaros. Second wife of deceased filed claim on estate for spousal allowance. Estate and wife argued over tangible personal property, discovery of the papers ... of the deceased withheld from estate by her, as well as how and when to satisfy the spousal allowance. Wife became impatient and filed motion to compel certain actions by PR. After hearing, wife's petition to compel various actions was essentially denied, and she was ordered to delivery papers to the PR.

Mediation

Mediation of complex Estate litigation

Nov 25, 2018

OUTCOME: favorable

Complex estate litigation involved two estates, three fiduciaries, and beneficiaries. Many different claims of errors, omissions, intentional torts, property disputes, among the parties at all three l ... ayers. At mediation, Kalamaros represented and negotiated clients' interests favorable ending in an agreed mediation resolving all legal issues and establishing a pathway to completion of all estate business and final distribution to heirs.

Probate

Defense of Estate against Co-Fiduciary claims

Aug 06, 2018

OUTCOME: favorable

Co-Fiduciary charged other fiduciary represented by Kalamaros with various errors, omissions, and intentionally wrong acts, and also made claims on estate for fees. Kalamaros defended the Estate, noth ... ing adverse was ordered against his client, except for all parties to mediate.

Timothy Edward Kalamaros's Legal Cases (42)

Successful challenge of adverse trustee action in foreign state

Defense of Executor against Bank Trustee

Resolving Family Fight among Heirs of Interconnected Estate & Guardianship

Successful Defense of Estate in a will contest

Award of estate vehicle to repay Personal Rep expenses

$1.3 Million Judgment for Fraud against lawyer who exploited elderly clients

defense of widow against attempt to replevin goods by step-daughter

Defense of Estate Personal Representative against claimant

Mediation of complex Estate litigation

Defense of Estate against Co-Fiduciary claims