Litigation Attorneys – Serving Many Communities Including Albany and New York City

The Litigation Department represents our client’s interests in our core practice areas before the Courts of the State of New York. We have an experienced team who practice in probate, trust, and fiduciary litigation; guardianship litigation; Medicaid litigation; and tax litigation. By focusing our litigation practice to our core practice areas, we are able to effectively advocate our client’s interest before the Court. Our attorneys have successfully represented clients before the New York State Appellate Division and the high court of New York, the New York State Court of Appeals.

Types of Services/Core Competencies

  • Estate and Trust Litigation

  • Guardianship Litigation

  • Medicaid Advocacy and Litigation

  • Tax Advocacy and Litigation

  • Preparation and filing of Petition for Probate and appointment of Executor;

  • Preparation and filing of Petition for Letters of Administration and appointment of Administrator;

  • Petition by an Executor to settle personal injury and/or wrongful death actions on behalf of an estate;

  • Prosecute and defend complaints against fiduciaries for self dealing, breach of fiduciary duty, conflicts of interest, and removal of fiduciary;

  • Prosecute and defend estate and trust contests;

  • Bring or defend an action in court for the appointment of a Guardian over a minor child or an adult with serious disability or incapacity;

  • Represent clients in matters regarding Medicaid eligibility, including Fair Hearings, Article 78 Proceedings and Appeals;

  • Represent clients in tax audits, appeals, and in litigation before the United States Tax Court.

FAQs

  • What is Guardianship litigation?
    • The need for a Guardian can arise when there are minor children or incapacitated adults who are unable to care for themselves. Our Guardianship litigation team has experience with filing guardianship petitions and related matters. Not only do we have the experience to effectively represent you in guardianship matters, but we also respect and take into consideration the unique circumstances of the individual with special needs and their caregivers in coming to a just outcome in the litigation.

  • What is Medicaid litigation?
    • The Medicaid program is established through complex federal and state laws. Unless the Medicaid applicant has appropriate representation, their entitlement to Medicaid benefits and/or assets may be denied. Through our extensive knowledge of the Medicaid laws, we are able to help our clients preserve assets while securing and maximizing government benefits. In order to protect our client’s entitlement to government benefits, it may be necessary to advocate our client’s interest in front of an Administrative Law Judge or a court of the State of New York. We have effectively and successfully represented clients in Medicaid litigation before all courts of New York, including the State’s high court, the New York State Court of Appeals.

  • What is Probate, Trust and Fiduciary litigation?
    • Our Probate, Trust, and Fiduciary litigation team represents corporate and individual, trustees, executors, administrators, guardians and beneficiaries in a wide range of trust and estate disputes. We have been involved in will and trust contests, contested accountings, complaints of self dealing, breach of fiduciary duty, conflicts of interest, construction proceedings, will and trust reformations, and removal of fiduciaries. We advise our clients of the estate and trust law, negotiate settlements on their behalf, and when necessary, litigate their interests before the court.

  • What services are provided by the Tax and Business litigation department?
    • Our Tax litigation group represents clients with estate and gift tax disputes with the IRS in tax audits, IRS agency appeals, and litigation before the United States Tax court. Our experienced team will work to negotiate and reach solutions in a cost effective manner, whether through settlement or litigation.

  • Why is it important to have experienced litigation counsel?
    • Having the proper litigation team will provide you with an opportunity to receive the settlement or verdict you deserve in your case. While results cannot be guaranteed, having experienced litigation counsel will aid you in determining whether a settlement is reasonable, or if a better result is likely to be obtained through trial. We have a team of attorneys that can properly analyze a case, negotiate, and effectively advocate your position.