General Practice

Partner Allison Davis-Sica heads the Davis & Ferber General Practice Group. She has successfully represented thousands of clients in all practice areas for over 30 years.

Davis & Ferber is a full service law firm with attorneys practicing in numerous areas. Our general practice includes business formation, elder law, estate planning, estate & probate administration, and real estate transactions, etc. We handle all aspects of your case from filing necessary documentation, to appearing at all legal proceedings.

General Law

Business Formation

When you are considering setting up a new business enterprise, the paperwork can be overwhelming. You want an experienced attorney to help you evaluate your options and make the right choice based on your needs and goals.

At the law office of Davis & Ferber, we share a strong commitment to providing a high level of personal service and attention to our clients. We will carefully explain the different choices you have, including the liability and tax implications of each type of business entity.

When you hire us to help you set up a new business venture, we will start by learning as much as we can about the nature of your business, as well as your objectives. We will then carefully explain the different structures your business can take, including sole proprietorship, partnership, LLC, LLP, Subchapter S, or Subchapter C corporation.

Once you have determined which form will best meet your goals, our attorneys will prepare and file all documents necessary to set up your business in compliance with New York law, including articles of incorporation, articles of organization, bylaws, and operating agreements. We will draft partnership or shareholder agreements, and will also prepare any corporate resolutions so that you can set up banking arrangements or meet other critical needs.

General Practice

Elder Law

General Practice

The rules governing asset protection in assisted living or nursing home situations can be complex. You want an attorney who knows and understands the law, and who has successfully protected the interests of others in similar circumstances.

At Davis & Ferber, we have a strong commitment to open communication, keeping you involved and informed throughout the legal process. We will carefully explain the law and legal process so you can make educated decisions that protect your financial interests.

Our attorneys work closely with senior citizens and their families, carefully mapping out strategies to protect assets from being used to pay for long-term care. We will prepare and execute trusts or other documents to safeguard your property. When you hire us to assist you, we will go to work immediately, carefully reviewing what you own, how it is owned, and what you have done to protect your property. Based on our knowledge and experience, we will make specific recommendations to protect your future and your family. We will work with you throughout the legal process and will prepare and file all paperwork required by law, by the courts, or to put proper protections in place. We will be your representative in any interactions with nursing home or assisted living facilities so that you have the time to spend with your family.

Estate Planning

If you have decided to create and implement a plan for the orderly distribution of your property at death, you want an experienced attorney to guide you through the legal process. There are a number of strategies available to help you meet your goals.

You want a lawyer who has worked with others in similar situations and who will take the time to learn about your unique issues as well as your goals. When you hire us to assist you with your estate planning, we will work closely with you throughout the process, so you feel completely comfortable.

Our attorneys take a comprehensive approach to estate planning, starting the process by learning as much as we can about your current financial situation, as well as your goals. We will then carefully explain the different tools you can use to transfer your estate, looking at the ease of transfer, as well as the tax consequences, of the different strategies. We will help you understand the difference between setting up a trust and executing a will, and will explain the advantages of re-titling assets to avoid the probate process. We will also discuss the benefits of making lifetime gifts.

Once you have determined how you want to proceed, we will prepare, review and execute all the documents necessary to put your estate plan in place, including simple wills, trusts, powers of attorney, and advanced directives.

General Practice

Estate Probate Administration

If you have been named executor, administrator, or personal representative of the estate of a loved one, you want an experienced lawyer to help you navigate the probate process. If you are unfamiliar with probate, you may have no idea what your responsibilities or your rights are.

You want an attorney who knows and understands how to settle an estate, and can help you avoid any potential problems.

At Davis & Ferber, we have built our practice on the basis of commitment to personal service and attention. We will take the time to carefully explain the law and probate process, as well as your options, so that you know where you stand and can make informed decisions about how to proceed.

Our attorneys handle all matters related to the administration of an estate. We will prepare and file the documents necessary to have you officially designated to represent the estate in the probate courts. We will also assist you with the preparation and filing an accounting, valuation of property, notification of all creditors and heirs, final debt payments, tax returns, and orderly distribution of assets in accordance with the will.

We will also handle any litigation, including contested wills, which may arise during the probate process, whether based on allegations of breach of fiduciary duty or lack of capacity by the person executing the will.

General Practice

Probate Litigation

General Practice

Allegations of lack of capacity or breach of fiduciary duty can be complex and difficult to prove. You want an attorney who has handled these types of cases, who knows the laws and who has successfully protected the rights of heirs, executors, administrators and personal representatives.

At Davis & Ferber, we understand the stress of an unresolved legal issue. We take the time to listen carefully so that we can identify all legal issues, as well as your personal concerns, and can devise a strategy to meet your goals.

We provide comprehensive counsel to individuals involved as plaintiffs or defendants in disputes regarding estate matters, including disputes over mental capacity of the person executing the will, allegations of breach of fiduciary duty or self-dealing, and challenges to the valuation of property in an estate.

When you hire Davis & Ferber to represent you in probate litigation, our attorneys will carefully investigate the facts and circumstances of your case, working with private investigators or experts, if necessary, to prepare and present the most compelling arguments to support your claims. We prepare all necessary documents throughout the legal process. We will also be your advocate in all hearings or proceedings, including depositions of witnesses, settlement discussions and trial.

Real Estate Law

More than most legal issues, real estate transactions involve many complex documents. Any type of mistake can cost you both time and money. You want an attorney who routinely handles real estate matters and who has successfully protected the rights of others in these complicated issues.

We work with buyers and sellers of residential or commercial real estate, from the negotiation of terms of a transaction to the closing. We will conduct all due diligence during negotiations, investigating title or compliance issues, and helping you work toward the best deal you can obtain. Once you have come to agreement, we will prepare all documents necessary to complete the transaction, including buy-sell agreements, deeds, notes, mortgages, easements, and restrictive covenants. We will also attend the closing on your behalf so that we can address any contingencies that arise and can verify that all paperwork is in order.

If you are struggling to make your mortgage payments or are at risk of foreclosure, we can help you take the steps to determine whether you qualify for the short sale of your property. We will work directly with your lender to establish eligibility, and will prepare all documents so that once your property is sold, you no longer have any financial obligation to your lender.

General Practice

Wills & Trusts

General Practice

If you need to take steps to ensure the orderly distribution of your property in the event of death, a will or trust can facilitate the transfer of property so that your objectives are met. These documents function differently, however, so you want to work with an experienced attorney who will take the time to learn the details of your situation and will carefully explain the advantages and disadvantages of each. The attorneys at Davis & Ferber can help.

We have a comprehensive understanding of the ways you can use wills or trusts to accomplish your estate planning objectives. A simple will is a document that names an executor to administer your estate and sets forth how you want your property to be distributed. A will typically gives your executor the authority to pay all final debts, and may also establish a guardian for your minor children if necessary. All property that passes through a will is subject to the probate process, which can be time-consuming and expensive.

A trust, on the other hand, creates a new legal entity separate from you. Once the trust is in place, you can transfer ownership of property to the trust. Because you no longer own the property (the trust does), it does not pass through your estate at your death and is not subject to probate. In addition, under the terms of most trusts, property remains in the trust at your death. The only thing that changes is the beneficiary of the trust’s assets. Typically, a trust is more expensive to create, but results in little or no expense at your death. Conversely, a will is relatively inexpensive to create, but may result in greater expense as you take property through the probate process.

Health Care Proxy and Power of Attorney are often prepared and executed at the time a will is prepared. Health Care Proxy allows someone to make decisions concerning medical treatment for a patient who is unable to make decisions themselves. Power of Attorney allows for a third party to act on one’s behalf for certain decisions. If you are having difficulty understanding the difference between the legal aspects of Health Care Proxy and Power of Attorney, our expert lawyers can assist you.

We will carefully evaluate your circumstances and make a recommendation of the strategy that provides the most benefit to you and your loved ones in the future.

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