Family Law

• Adoption
  We have attorneys who have experience in finance, insurance, international adoption, television production, consumer science, and housing and urban development. Each of our diverse professional backgrounds contributes to a larger cache of useful knowledge.
• Premarital Agreement
  The statute of limitations for filing a spousal right of election is six months after an executor or administrator of an estate has been appointed. Even cases that have a prenuptial agreement should be evaluated as early as possible, as the agreement could be overturned by the court if it is deemed to have been unfair.
• Guardianship
  In New York State, the court has the ability to appoint guardians to care for or otherwise oversee those who do not have the mental capacity to take care of themselves. This is done primarily through the use of guardianship law Article 81. If a court has appointed you as a guardian in such a situation, or if you need a court to appoint a guardian over a loved one, you should not enter the situation without first understanding it. Call us today at (631) 547-0300 !
• Annulment
  The girlfriend argued that the right of election of a surviving spouse becomes fixed and unalterable upon the decedent's death and cannot be affected by the posthumous annulment. Founding Partner Donald Novick and associate attorney Albert V. Messina Jr. argued that the marriage was void ab initio and that the girlfriend was prevented from stating that she was the spouse when she misrepresented her marital status to the Court. The Court agreed and rejected the girlfriend's argument and held that a marriage revoked pursuant to Mental Hygiene Law §81.29(d) is void from inception. The Court also held that the girlfriend was equitably estopped from claiming that she was the surviving spouse based upon her fraudulent misrepresentation to the Article 81 court that she was merely a "girlfriend" and not the spouse after the secret marriage ceremony took place and that she had a duty to disclose the marriage to the court. Her failure to do was "misleading and deceptive." Matter of Kaminester, 26 Misc.3d 227 (Sur. Ct. N.Y. County 2009).

Criminal Law

• Wrongful Death
  The legal team at Novick & Associates, P.C. has successfully litigated disputes involving the distribution of wrongful death recoveries in courts throughout the entire New York metropolitan area. These issues can be extremely sensitive as they involve family members that are at odds about how the compensation should be distributed or may feel that they have more right to claim a larger amount of the settlement.
• Embezzlement
  A power of attorney is a document that grants legal authority to another party (agent). By executing a power of attorney, an individual can give the agent the authority to make legal decisions on his/her behalf. These decisions can involve financial, health and property matters. The execution of a power of attorney, while often essential and useful, can carry risks. A power of attorney in the wrong hands can be abused through self-dealing, embezzlement and other mishandling of funds.
• Forgery
  The Court rejected the objectant’s submission of an opinion letter from an alleged handwriting ‘expert witness’ who “merely concludes” that the initials on the Will were forged, but did “not conclude that decedent’s signature at the end of the will is a forgery, or even that it might be.” The Court noted that all that is required is that the signature at the end of the Will be genuine, “a fact that objectant does not contest with competent evidence.” The Court found all of the objectant’s arguments to be either speculative or without merit, it granted petitioner’s motion dismissing the objections and it admitted the October 6, 2014 Will to probate.

Business and Corporate Law

• Intellectual Property

Employment Law

• Employment Discrimination
  During her time at Touro Law Center, Alice was the President of the Asian/Pacific American Law Students Association. She was a Research Assistant for Professor Douglas Scherer in the field of Employment Discrimination. Alice was appointed as Teaching Assistant for First-Year Legal Education Access Program (LEAP) Students.

Property Law

• Real Estate Litigation
  When commercial properties are sold or purchased, the process can become more complicated. For example, there may be leases to review and/or terms of the sale may come into question. Real estate problems, such as partition actions, are often related to a failure to have the proper legal documentation or in the drafting of sale, lease or other documents that are not clearly written or have other problems. At our firm, we have over 30 years of experience in real estate law and have assisted countless clients in a wide range of issues that are of great concern.
• Real Estate Transactions
  Donald practices in the areas of Trust and Estate Litigation, Probate and Real Estate. He also frequently serves as trial counsel in a broad range of litigated matters in all of the Supreme Courts in the New York Metropolitan area. In addition, Donald has extensive experience in Real Estate Law. He has handled both residential and commercial real estate transactions and represented mortgage companies and banks.

Health Law

• Medicaid Planning
  One of the greatest fears that older Americans face is the thought of ending up in a nursing home. Along with the cost of losing one's independence, round-the-clock care in a nursing home can carry a heavy financial price of up to $180,000 per year. Many people pay for this cost out of their savings until they run out of funds and qualify for Medicaid to cover the costs of their care. However, with careful planning, a person can protect their estate for their children by creating a plan that ensures they qualify for Medicaid coverage when they need it. At Novick & Associates, P.C., our knowledgeable New York Medicaid planning lawyers can help you implement a roadmap that ensures your long-term care and shields your assets. From wills to trusts, we make sure that you have complete protection.

Trusts and Estates

• Estate Planning
  At Novick & Associates P.C., we represent the interests of our clients while preserving the sanctity of family. We take all necessary steps to protect and defend the rights of those we represent. Our New York estate litigation firm has a proven track record of trying cases to a successful conclusion. However, we realize that a courtroom is not always a necessary forum.
• Wills
  As you develop an estate plan to prepare for the future, making a will should be your first priority. Drafting an effective last will and testament is the first step to ensuring that your assets are handled according to your wishes after you are gone.
• Trusts
  With 30 years legal experience, Mr. Novick has established himself as a noted authority in the area of Trusts and Estates. A fierce and effective litigator, he has devoted much of his practice to protecting the inheritance rights of his clients. Donald has obtained the highest rating from Martindale-Hubbell (AV), in recognition of his expertise and reputation among the members of the bar and the judiciary. He has handled both jury and non-jury trials, contested probate and administration, accounting and discovery proceedings in all of the Surrogates Courts in the State of New York.
• Power of Attorney
  In many instances, an incapacitated person may be the victim of a fraudulent transfer, abuse of a power of attorney or other actions resulting in a significant depletion of his/her assets. The only remedy in these situations may be the appointment of a guardian pursuant to Article 81 the New York Mental Hygiene Law.
• Probate
  Have you lost a loved one and are facing the difficult task of handling his or her estate? At Novick & Associates, P.C., we are available to help you fulfill your duties as the estate administrator. We can guide you through the legal procedures involved in the decedent's estate, including the administration of assets.

Finance Law

• Tax Law
  Ideally, a will and/or trust is written in clear, unambiguous language. However, there are cases in which these issues are open to interpretation, and there are ambiguities with regard to the division and distribution of assets, the identity of the beneficiaries and tax issues related to the estate. Novick & Associates P.C. has represented interested parties in asking the court for its interpretation of any and all ambiguous language. Every will and trust is written with specific language, some of which can be less than clear with regard to the actual inheritance due to one or more parties, how assets should be divided or other crucial issues.