Long Island Estate Planning Lawyers

Protecting Your Future

Over the course of your lifetime, there may be many threats to your hard-earned wealth and security. In moments of crisis, how you respond may affect the rest of your life. An experienced attorney can provide trustworthy legal advice and representation in these moments. The Christine Thea Rubinstein Law Firm offers representation in the areas of estate planning, litigation, foreclosure defense, bankruptcy, business law, and criminal defense. Our clients trust us to zealously protect their interests, and we often receive business through referrals. The legal system may seem intimidating, but with our help, you will feel empowered to make the right decisions for your needs. Based on Long Island, our estate planning attorneys serve clients in Nassau County, Suffolk County, Kings County and Queens County, among other areas.

Our radio show, Estate Law Exposé, is hosted by our principal, Christine Thea Rubinstein, and it airs each Saturday at 7:00 am and Sunday at 10:00 am and 10:30 am on WOR 710 AM radio.

Do you have a legal question that you need answered? During the show, we take questions to help you, your family, and your friends. Ask us questions on-air by calling 1-800-200-1529.

Wills and Trusts

We prepare estate documents such as a will, a living will, a durable power of attorney, a life estate, an LLC a health care proxy, or a revocable trust or irrevocable trust. These instruments express your intentions for your property after your death and may spare your family uncertainty and expenses. If you die without a will, for example, assets that do not pass automatically (such as through a beneficiary designation or to a joint owner) will be distributed according to New York intestacy laws.

Many people would prefer to have greater control over what happens to their property. Moreover, a will must pass through probate, which is expensive and time-consuming. In New York, it may be helpful to create a living trust to avoid probate. A living trust is an arrangement whereby a trustee holds legal title to property for a beneficiary's benefit. For people with greater wealth, there may be tax advantages to holding property in a living trust. Our Long Island estate planning attorneys can guide you through this process.

Litigation

Our firm handles all aspects of litigation. We pursue and represent matters involving estates and trusts, probate, business litigation, business contract litigation, foreclosure, Medicaid litigation and Medicaid fraud, bankruptcy litigation, and bankruptcy fraud. Bankruptcy claims are adversary proceedings that arise under the Bankruptcy Code. For example, they may include fraudulent transfer avoidance actions. Generally, creditors may prevent transactions between debtors and third parties if the transaction is adverse to the creditor in certain ways. Under § 544(b), a bankruptcy trustee is also empowered to avoid a transfer that is voidable by a creditor under New York law. The trustee must prove that there is an actual creditor by whom this transfer could have been avoided. However, under § 548(a)(1)(A), a trustee may also avoid a transfer that was made with the intent to defraud, hinder, or delay a creditor without reference to New York law.

Foreclosure Defense

Our firm handles foreclosure defense and may be able to stop your foreclosure sale date. In New York, foreclosures are judicial. This means that a lender needs to file a lawsuit in court in order to foreclose. We handle private lender foreclosure and litigation on foreclosure cases involving deed fraud. We fight mortgage banks under a New York governor Andrew M. Cuomo foreclosure bill that requires banks to produce the note at the beginning of the foreclosure process. Our attorneys can start a lawsuit against your lender to throw out your mortgage under the statute of limitations for delay in your foreclosure process. You should contact us right away once you have been served or know that a lawsuit to foreclose on your home has been filed. In addition to stopping foreclosure, we may be able to get you qualified for a mortgage loan modification.

Bankruptcy

We can help you file for Chapter 7, Chapter 11, Chapter 13 or Chapter 20 bankruptcy if you are deluged with harassing creditor phone calls and extremely burdensome debt. Each of these types of bankruptcy provides for a federal mechanism whereby your debts are discharged or reorganized. You will need to pass a means test to file for Chapter 7 bankruptcy. The means test determines whether or not you have the capacity to pay off your debts, using your disposable income. If you have the ability to pay your debts, you will need to file for Chapter 13 bankruptcy, which requires you to create a debt repayment plan and pay off most of your debts over the next three to five years. If you are a business owner and need debt relief for your business we may be able to modify all of your existing monthly payments and cram down the amount of outstanding balances on loans with your creditors to come up with a new lower monthly payment under Chapter 11 Bankruptcy to help your business survive. We may also be able to help you with debt negotiation if you chose not to do bankruptcy or if you do not qualify for bankruptcy. After bankruptcy and or debt negotiation we can help you with credit repair to get your credit score back on track.

Business Law

Our firm may be able to help you with your business law needs. We can help you from the initial start of your business with addressing partnership issues like a death on dissolution clause, buy sell agreements and address business succession planning issues through estate planning for a newly formed LLC to helping guide you through defending personal injury claims like slip and fall cases, respond appropriately to contract disputes, seek loan modifications, and deal with real estate concerns. Contract disputes are common in business. The New York Commercial Code may apply to breach of contract litigation in New York. While the terms of the contract are likely to prevail, certain terms may be unconscionable or unenforceable, and it is important to seek knowledgeable counsel.

Criminal Defense

It may be deeply disturbing to face criminal charges. We can get to work immediately after an arrest or even before formal charges have been filed against our clients. In New York, as in other states, the prosecution must prove all of the elements of a crime "beyond a reasonable doubt." This is a high standard for the prosecution to meet. Our firm will work hard to find holes in the prosecution's evidence, possibly including improper searches and seizures or other violations of appropriate procedures.

Consult an Experienced Estate Planning Attorney on Long Island

If you retain the Christine Thea Rubinstein Law Firm, you become part of our family and we prioritize your success and needs. Our Long Island estate planning lawyers are here to minimize the stress and uncertainty surrounding the legal process. We also represent people who need a foreclosure defense attorney or representation in matters related to litigation, bankruptcy, business law, and criminal defense. Call 1-800-200-1529 or contact us via our online form to set up a free in office ½ hour initial consultation. We represent clients in Nassau County, Suffolk County, Kings County, Queens County, and many other areas from our offices in Melville, Smithtown, and Riverhead.

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