Welcome to our firm's website.

The Law Office of Stephen C. Silverberg, PLLC is located at the RexCorp Plaza in Uniondale, Nassau County, New York.  We provide a broad range of legal services to our individual and business clients in the areas of wills, trusts, estates planning, estate administration, asset protection planning, tax law, real estate, bankruptcy law, and corporate law.

About our legal services...

Our firm provides a broad range of services, as listed below.  If you decide to retain our firm to represent you on any matter, Stephen C. Silverberg, JD, LLM will be responsible for handling it in its entirety.  Your case will benefit from the more than 30 years of experience and the advanced training of Stephen C. Silverberg, Esq.   Your initial consultation will be free.  

What your case will cost...

In most cases, by the end of the free consultation you will have a good idea how your case would proceed and how its cost will be determined.  Our normal billing is based an estimated flat fee or range of fee for the work to be performed.  However, there is at times no better alternative (such as in the case of litigation) than to charge on the basis of a fixed hourly charge .  A written retainer agreement is used in almost all cases to confirm the terms of our engagement. Our retainer agreement spells out the services to be covered and explains anticipated costs and disbursements associated with the case.  

If you would like to read more about your type of problem, or to learn more about our areas of legal practice, please choose from the following list and we will point you to more information.  Or, you may click on the appropriate button on the right and go directly to a more detailed discussion of your problem.

If you would like to speak with us further about any of the services discussed in this site, please call our office for an appointment.

626 Reckson Plaza
Uniondale, NY  11556

Telephone
(516) 522-2575

Wills, Trusts, Estate Planning, Probate and Administration

Wills, Trusts, Estates and Estate Planning

In most situations, a Last Will and Testament is the most essential of estate planning documents.  It is the only way you can name a guardian for your minor children and an executor to be responsible for the administration of your estate.  Within the structure of a will, you can provide for the distribution of specific property, cash gifts, real estate, stocks and bonds and most other assets you may own at your death.  
Within the will, you can also put property in trust for its long-term administration.

Without a will, property you own at your death will be distributed according to rules provided by the state.  For example, if you die leaving a surviving spouse and two children, your spouse does not, by law, get the whole of your estate.  In New York, your surviving spouse gets only $50,000 and one-half of your net estate and your issue (your children and their descendants) share the rest of the estate.  That's not usually what is intended as a division of a parent's and spouse's estate, yet that is the law.  

What's more, the parts of the estate distributable to minor children must be administered by a court appointed guardian of the minor's property.  While a surviving parent with custody over the child is given preference, being a parent is not automatically sufficient to give a parent legal authority over the child's property.  For a host of reasons, the guardianship of a minor child's property could be denied to a parent.  And, whoever serves as the guardian, once under a court's administration, the use of the money during the minority of the child is severely  restricted.  What happens if you are the surviving parent?  Further, aside from the question of guardianship of the property, who will take care the person of the minor (raise him and make personal decisions for him) if both parents are gone? The solution is a will.  See our Article "Why Do I Need a Will?" for a more detailed discussion.

Along with a will, of course, there are many other techniques available to achieve a comprehensive estate plan.  We provide this comprehensive Estate Planning for our clients, including estate and gift tax planning, revocable and irrevocable trusts and the full range of other estate planning techniques.  For example, are you thinking about transferring a cooperative apartment to a trust?  If so, what kind of trust should you use?  

Planning for the Single-Parent and Other Non-Traditional Family

The Non-Traditional Family includes households which may be made up of a single-parent and children, siblings living together, a citizen and a non-citizen spouse and same-gender partners.  These Non-Traditional Families now make up almost half of all households in this country.  Yet, when it comes to estate planning, these families do not have the tax-planning benefits afforded to traditional husband-wife households, such as the unlimited marital deduction.  Fortunately, with the right professional advisor, members of Non-Traditional Families can approach or even equal the tax savings available to traditional families.

Estate Administration, Litigation and Out-of-Town Beneficiary Representation

We provide representation of executors in probate proceedings and in the administration of estates. Periodically, fiduciaries are required to render accounts of their management of the estate and trust(s) and we provide legal representation at these times.

Unfortunately, there are times when the beneficiaries of an estate need to contest either the probate of a will or the actions of the fiduciary of an estate or trust.  We can represent the beneficiary first in negotiations, if possible, to resolve outstanding disagreements and then, ultimately, in litigation in the Surrogate's Court or Supreme Court.

In many estates, beneficiaries reside at a distance from the immediate area of the Surrogate's Court that has jurisdiction of the estate.  In those cases, the beneficiary needs competent counsel in the local jurisdiction to protect his or her rights in the proceeding.  We represent out-of-town beneficiaries and vigorously protect their interests in these cases.  

Legal Issues for a Mobile Society- Help If You Are Moving to New York

Every year, thousands of people move to the New York Metro Area and thousands move from the area to other states and cities.  If you are moving to New York, the actual move and the legal “housekeeping” that follows can be daunting tasks.  For example, where will you live?  You may need to buy a new home in New York and sell your current residence.  How will the laws of the New York affect your previously executed will and trusts and the other strategic vehicles in your estate plan? Many issues need to be addressed, and the best time to start is before you move.

Business Planning

Business formations and choice of entity between corporation, partnership and limited liability company, including tax and business considerations

The decision on the entity form in which a business will operate will have long-term consequences for it and its owners.  We assist our clients in deciding whether to operate as a corporation,  partnership or limited liability company.  Then we prepare the organizational documents and have them filed.

Business Succession Planning

A critical part of the initial organization of a business entity is to arrive at a workable and fair succession plan so that the life of the business is not jeopardized by the death, retirement, divorce or disability of its owners.


Asset Protection Planning

Asset Protection Planning

After a years of work, you have finally accumulated assets enough for your financial security and retirement.  In the blink of an eye, an accident can threaten to take everything from you and your family.  We work with our clients to design a rational asset protection plan, which may include the incorporation of small businesses, Asset Protection Trusts and Family Limited Partnerships.

Income Tax Planning, Practice and Collection

Income Tax Planning

Income taxes play a large part in all of our lives.  Proper planning of purchases and sales of property, such as by taking advantage of tax-free exchanges, can potentially produce very substantial tax savings.  How gifts are made and expenses paid can have significant tax consequences.  The right strategy in handling your retirement plan can save you thousands of dollars in taxes.  

Tax Collections and Appeals, Tax Refunds, Tax Liens, Post-Audit Review, Bankruptcy Discharge

If you are ever selected for an audit, you need to  have experienced counsel to represent you in any appeal of any proposed deficiency.  If you have outstanding assessments and collection action is involved,  you will need representation to protect your interests in the process and quickly to resolve the issues.

Real Estate Practice

Residential Real Estate Sales and Financing

In this active real estate market, offers may be easy to make and quick to receive, but protecting your rights as either a buyer or seller still needs the assistance of an experienced attorney.  We represent both purchasers and sellers of residential real estate in the sale transaction.  We also represent the owner of real estate in the finance of the property.  Beyond the traditional role of the attorney, we assist our clients in pre-contract  negotiation of the terms of purchase and can assist in locating target properties.

Residential Real Estate - Buyer's Perspective

The buyer of a home in this market has a difficult situation.  While the housing inventory has grown, the risk of falling prices in certain markets requires great care in choosing the right property for his or her needs and must also be in a position to act quickly when the right property is located.  A buyer can also count on the unexpected, and so must also retain an experienced attorney who can give the buyer his unconditional loyalty.  

Commercial Real Estate Leasing, Purchases and Sales

In the New York metro area, commercial real estate is hard to find and harder to afford.  But, when terms are agreed upon, both the buyer and the seller need to move quickly to conclude a contract and then close title.  We represent both purchasers and sellers of commercial property, as well as the finance and leasing of commercial property.  We also represent clients in pre-contract negotiations of the terms of purchase.


Bankruptcy

Consumer Bankruptcy, Debt Discharge and Wage Earner Plans

Accumulating debt, creditor collection harassment, and threats of foreclosure can threaten a marriage and ruin your health.  Sometimes the only (or, at least best) alternative is to consider filing for bankruptcy.  In most cases, the choices an individual has are either Chapter 7 Bankruptcy or Chapter 13 Bankruptcy.  In a Chapter 7 Bankruptcy, most debts can be discharged.  In a Chapter 13 Wage Earner Bankruptcy, you might keep most of your assets and you pay off a portion of your debts over time. Each case is different and requires detailed analysis to make the right choice.  

Corporate Bankruptcy, Liquidation and Reorganization

A corporation can run into financial difficulties, either due to a downturn in the economy, or as a result of management difficulties, even in a strong economy.  A corporation has the choice of a Chapter 7 Liquidation or a Chapter 11 Reorganization. Filing under either chapter gives the business an opportunity to suspend a pending foreclosure and the collection activity by creditors.  
 

Copyright © 2007 STEPHEN C. SILVERBERG, PLLC  All rights reserved.
Last modified: December 27, 2007

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