Spilman Thomas & Battle, PLLC

Spilman Battle and Thomas were the opposing counsel in a Breach of Trust and Power of Attorney case brought before the state of Virginia regarding our father's estate.Nick Ammar,Jr, Carter Brothers and Doug Stark were the defense counsel team for Spilman Battle and Thomas. Doug Stark, a former Commonwealth Attorney in Harrisonburg, Va was hired to lead the case. Nick Ammar Jr, formerly of Terry, Day and Ammar prepared our father's vital documents in 1998. Our father, at the time was two years in to a terminal illness diagnosis that was never going to improve. Nick Ammar Jr prepared the Irrevocable Trust, Last Will and Testament, Health Care Protocol, Living Will and Power of Attorney documents for both our father and his second wife. All documents for both parties mirrored each other. The language in our father's Power of Attorney was so broad it gave the successor trustee unlimited authority over the trust and estate. This resulted in changing beneficiaries, transferring bank and investment accounts, moving money out of bank accounts with little or no ability to track and the ability to make critical financial decisions without oversight or communication to future beneficiaries. All deemed OK in the eyes of the court based on the Power of Attorney language prepared by Nick Ammar Jr. We had our father's Power of Attorney document reviewed by an attorney/former judge in Richmond , Va whose expertise is Estates, Wills and Trust and were told in 25 years of practicing law he had never seen a Power of Attorney document written so broadly. Power of Attorney is arguably the most important of estate documents. It can be the difference in an estate managed as intended by the original trustee or a dangerous tool for deceptive practices. For a person of ill will or devious intentions it can be a gold mine for abuse. Estate Litigation is a multi- billion dollar industry in the US and growing. Having legal counsel that not only understands the desire and intent of the client but forthrightly represents the client's intention incorporating the necessary protections to ensure the original intent is not only protected when the client/trustee has mental clarity but most importantly when he becomes incapacitated or deceased . It must also insure the protection of future beneficiaries. This was a hard lesson for our family but one in which we may help others to be mindful of the importance of such language. Understanding the damage that can ensue when the language not only does not reflect the intention of the original trustee but can be used as a weapon for broad abuse. Vague and broad language in a Power of Attorney document is a slippery slope for unlimited abuse with little or no recourse in the courts. Given our experience it would be wise to proceed with caution in selecting an Attorney. Selecting an Attorney whose counsel and documents provide a clear path to protect the intent and interests of the original client/ trustee and future beneficiaries. These documents are key to proper estate management The protective language may not prevent a breach or calculated abuse but may provide recourse for those disenfranchised as a result of such abuse. Protecting the client trustee interests and future beneficiaries should be absolute in the language of these vital instruments. The ability to prosecute abuse is vital.. Clear and concise language protecting Original Trustee intent, not language prepared as a conduit for gaining successor trustee future business. Having an attorney who follows the rule of law and is dedicated to protecting the client trustee not only when he is lucid with full mental capacity but most importantly when he is not, is absolutely paramount. Otherwise, future beneficiaries are left with a slippery slope of language that allows anything as game. Based on the the legal work Nick Ammar, Jr prepared for my father I could not recommend him or Spilman Battle and Thomas for any trust and/or estate legal expertise.