- AdoptionWe assist clients with their domestic adoptions; stepparent adoptions; grandparent adoptions; foster-care adoptions and international re- adoptions. We understand that being your legal representative means providing not only our knowledge and experience in adoption proceedings, but also the guidance and support you deserve throughout the process. We find adoptions incredibly rewarding, and would happily help guide you through this important time in your life.
- GuardianshipWe represent clients in both Article 17-A and Article 81 guardianship proceedings. In New York State, Article 17-A guardianships are available to children with developmental disabilities or mental retardation who have reached majority (18 years). Article 17-A is a broad guardianship that encompasses most important decisions in the individual's life including health care, vocational and residential decisions. Article 81 guardianships may be appropriate when adults have lost or diminished capacity. Article 81 proceedings grant no more power to the guardian than is necessary.
- Business FormationAt Schlather & Birch we have served the Cooperstown, Oneonta and Norwich communities for more than forty-two years. As the strength of any law firm is dependent on the quality of its support staff, Schlather & Birch employs eleven (11) full time paralegal staff and tow (2) part time staff to assist our two attorneys and our in-house Certified Public Accountant. Our expertise in both legal and accounting matters gives us a unique depth of knowledge to guide our individual and institutional clients in the following core areas of practice: real estate, wills, trusts, estate administration, retirement planning, tax preparation, business formation, bankruptcy, foreclosure and elder law.
- Business DisputesRobert B. Schlather commenced practice in Cooperstown, New York, in 1977 with a focus on tax planning and return preparation, estate and trust planning and administration and real property transactions. In 1986, Robert W. Birch joined Bob Schlather, bringing with him his experience in real property, mortgage banking, zoning, bankruptcy, foreclosure and general business law. In 2013, the firm hired Patrick Kinley, a Certified Public Accountant, to assist in service to our small business, estate and tax clients. Over time, to serve the needs of the growing firm, the support staff has grown from one to fourteen full time and three part time paralegal and para-accountant individuals.
- Real Estate LitigationTraditionally, in this area of upstate New York, attorneys representing purchasers or lending institutions have relied upon a reading of this document to determine whether a seller (or borrower) has a good legal interest in the lands to be conveyed (or mortgaged) free from judgments, liens, or boundary disputes. In upstate New York (north of Greene County) it is the seller's obligation to deliver to the attorney for the buyer and bank a currently dated Abstract of Title to be reviewed to determine the property owner has clear title to convey or mortgage. The abstract then is delivered to the buyer sometime after closing. If the seller has taken back owner financing, often the abstract is held by the seller or the seller's attorney until the owner financing has been paid in full. If you cannot locate your Abstract of Title, check with the attorney who represented you at closing or the attorney for the bank, seller, or title company that insured your last transaction.
- Land Use and Zoning
- Estate PlanningRobert B. Schlather began his practice in Cooperstown near Oneonta and Norwich in 1977. As both an attorney and a Certified Public Accountant, Bob brings a wealth of knowledge and experience to the firm's Trusts & Estates and Taxation practice.
- WillsEveryone should have a Will, a Power of Attorney and a Health Care Proxy. Do you? Is yours up to date? Is your guardian still necessary, or appropriate? How about your executor? We know wills and estates and can talk to you about revocable living trusts and other estate planning matters. We can assist you in administration of estates for your parents and others even if we did not prepare their wills.
- Trusts
- Power of Attorney
- Bankruptcy
- Foreclosure
- Tax LawPatrick R. Kinley, CPA joined the firm's tax practice in 2013. He was previously a Tax Manager with Bank of America's International Tax Planning group where he specialized in foreign tax credit planning. Prior to that he spent four years at KPMG LLP in the federal tax practice.