Defense of Heirs against claims of Personal Representative
Apr 06, 2015
OUTCOME: Favorable
Represented daughters of a deceased father against their step-mother. She was acting as Personal Representative of their father's estate and claimed that many generous gifts he had given them were act...ually loans. Discovery exposed the weakness of the claims against the daughters and the lack of evidence to support the false allegation that the gifts were really loans. The step-mother discontinued the attempt to charge the gifts against their shares in the estate, and each received their full intestate share of the estate undiminished.
Probate
Trial of credit card claims on estate
Mar 17, 2015
OUTCOME: verdict in favor of estate
Bill collections company filed claim on estate for alleged credit card debt owed by deceased. Kalamaros defended the estate and filed objections concerning chain of title to the alleged debt and sched...uled trial of claim. Verdict for estate and against the bill collector, saving the estate considerable money.
Probate
Defense of Personal Representative against Objection by Claimant on Estate
Oct 09, 2014
OUTCOME: Favorable
Defended a Personal Representative (PR) of an Estate against the objection of a Claimant on the Estate. The claimant argued that the PR could not use Estate assets to defend an ancillary lawsuit prote...cting the property interests owned by the Estate. Court rejected the objection of Claimant and approved and ratified the use of estate assets by PR to defend estate property.
Probate
Removal of PR and appointment of independent fiduciary
Mar 03, 2014
OUTCOME: Favorable
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 ev...idence 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.
Probate
Removal of hostile creditor as Personal Representative and Appointment of Heir as P.R.
Apr 03, 2013
OUTCOME: favorable
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.
Probate
Removal of Personal Representative
Mar 28, 2013
OUTCOME: Successful hearing, petition granted, PR removed and replaced by court.
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 f...iduciary.
Litigation
Will contest, Action to impose trust due to Slayer's rule; Wrongful Death, and Interpleader of life insurance proceeds
Dec 13, 2012
OUTCOME: Extensive litigation followed by successful mediations and settlements.
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 f...or 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.
Litigation
Defense of Estate assets against excessive hospital claim
Dec 20, 2011
OUTCOME: successful litigation, and favorable settlement
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 c...laimed 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.
Probate
Probate and Defense of Will, Rendering of Accounting, and Defense of action to Transfer Non-Probate Assets into Estate
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.
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 su...ed 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.
Trusts
Action to Enforce Terms of Trust, Compel Trustee Accounting, and Protect Trust Property from Improper Withdrawal
Nov 29, 2008
OUTCOME: Trustee accounting provided, trust funds secured, parties mediated a settlement dissolving trust and went their separate ways.
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.
