trust & estates
Whether you need to prepare your Last Will and Testament, have questions about estate planning, or have lost a loved one and are looking to be appointed as an executor or administrator of the estate, Mr. Nogee can provide quality, affordable legal services for you and your family. Services include legal advice and representation in the areas of:
- Various types of living trusts (i.e., effective before death)
- Drafting and preparation of Wills
- Advice and representation in Surrogate’s Court to be appointed as an executor or administrator of the estate (i.e., Probate for Wills and Administration if there is no Will)
- Preparation of a New York Statutory Short Form Durable Power of Attorney and advice on how to use a power of attorney
- Preparation of a New York Healthcare Proxy
- Representation in Guardianship proceedings
- Representation involving estate litigation, including Will Contests, trust and estate accountings, and other contested estate proceedings in Surrogate’s Court
- Representation and enforcement of creditor’s rights against the estate of someone who has died
Litigation is as varied as the types of issues involved. Mr. Nogee represents clients and tries cases in New York State Supreme Court, Surrogate’s Court, Civil Court and District Court, as well as in the Federal District Courts for the Southern and Eastern Districts of New York and the Second Circuit Court of Appeals.
Mr. Nogee represents individuals as well as corporations and other entities, developing and litigating creative legal theories to solve new or unique problems.
The following are examples of the following types of matters in which representation can be provided:
- A contest involving a Will, Estate or Accounting (Estate litigation)
- A contract dispute
- A real estate matter, including disputes over ownership, boundaries, or an action where co-owners don’t agree on the management or sale of property (e.g. partition action)
- A lease – either as landlord or tenant, including both residential and commercial matters
- Mechanic’s liens
- Construction contract disputes, whether involving AIA forms or one-off, custom agreements
- Intellectual Property disputes such as infringement claims
- Alternative dispute resolution forums (ADR), including mediation and arbitration.
From conference room to court room, the focus is on achieving the client’s goal through effective negotiation and innovative advocacy.
It is important to have the advice and counsel of an experienced attorney to help with the often complex legal issues that affect a business throughout its lifecycle. Services include:
- Advising start-up businesses including creating, registering and organizing corporations, LLCs and other entity forms
- Advising E-commerce and Internet businesses including drafting and preparation of Terms of Service and Privacy Policies
- Advising and guiding businesses in their internal organization and agreements such as buy-sell agreements, corporate minutes and resolutions
- Negotiating financing and lending agreements
All legal aspects of residential and commercial real estate can be handled, including:
- Buying or selling buildings and property
- Drafting and negotiating contracts of sale
- Condominium and coop transactions
- Drafting and negotiating leases, extensions, renewals and terminations
- Mortgage refinancing
- Representing clients in foreclosure cases
- Resolving property disputes
- Representing Coop and Condo Boards
- Mr. Nogee also has developed a protocol for owners and landlords to address the complex issues of what happens when a tenant or owner dies.
Having worked in-house for and represented parties involved in construction projects from nuclear power plants to shopping centers to private homes, Mr. Nogee has the experience to address the many issues that may arise in construction matters.
Sample areas include:
- Preparing Requests for Proposals (“RFP”) and Bids and Responses to RFPs
- Drafting and negotiating Owner-General Contractor agreements
- Drafting and negotiating Construction Management agreement
- Drafting and negotiating Subcontract agreements
- Litigating disputes, including breach of contract, warranty claims and the like in court, in arbitration and by mediation
- Filing and defending against mechanic’s lien
If you are interested in creating and protecting your intellectual property rights, the firm can assist with the process. Services include:
- Researching and registering trademarks
- Registering a copyright
- Legal representation in matters involving infringement, both where the client is seeking to prevent someone from infringing on the client’s intellectual property rights as well as defending against allegations of infringement.