Trusted Queens Probate, Wills & Estate Lawyer Since 1985
Protecting What Matters Most: You, Your Family, Your Future.
Probate disputes, confusing court filings, and estate planning mistakes can cost your family time, money, and peace of mind.
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Family Disputes
Will contests, guardianship conflicts, and estate fights can fracture families. I mediate where possible and litigate when necessary.
Uncertainty About the Future
Without a will, trust, or proxy, the courts—not you—decide what happens to your assets and healthcare.
Overwhelming Paperwork
From probate petitions to Medicare and Medicaid applications, the legal system is full of forms and deadlines that can feel impossible to manage.
Risk of Asset Loss
Nursing home costs. Medicare and Medicaid rules can wipe out savings. I create strategies to protect what you’ve worked hard for.
Criminal Charges
One mistake or inaccurate info can change everything. With former ADA experience, I defend your rights and fight for your future.
Probate Stress
Probate in New York Surrogate’s Court can drag on for months. I streamline the process and protect your loved one’s wishes.
Why Clients Choose Richard
For more than three decades, Richard Cary Spivack has been helping families in Queens, Brooklyn, Nassau, and across New York City.
- 45+ Years of Experience in probate, estates, guardianship, elder law, and criminal defense
- Former Queens ADA Advantage – strategic insight from both sides of the courtroom
- A+ BBB Accreditation & Martindale-Hubbell Distinguished Rating
- Hundreds of legal cases like yours
- Compassion + Clarity: I make complex legal processes manageable
Practice Areas
Criminal Cases
Facing criminal charges in New York can change everything: your family, your job, your finances, and your future.
Elder Law
I provide Medicaid planning, long-term care strategies, and asset protection guidance to preserve dignity and financial stability.
Wills & Trusts
Protect your legacy with customized wills and trusts that minimize taxes, avoid probate, and ensure your wishes are honored.
Estate Administration
I guide families through NY Surrogate’s Court, handling filings, creditor claims, and disputes so estates are settled with dignity and efficiency.
Guardianship
When a loved one can no longer care for themselves, I help secure guardianship to protect their well-being and assets.
Power of Attorney and Healthcare Proxy
Plan for the unexpected. Ensure someone you trust can make financial and medical decisions on your behalf.
The Process Is Simple
Get Legal Help
Call or contact Richard online to schedule your free consultation.
Get a Clear Plan
Receive practical, results-driven solutions tailored to your case.
Move Forward with Confidence
I handle filings, disputes, and court appearances so you can focus on family.
You ask, I answer
Frequently Asked Questions
How long does probate take in Queens, NY?
The probate process in Queens usually takes 7–9 months on average, but the timeline can vary depending on the size of the estate, whether the will is contested, and how quickly documents are filed. Simple cases may be resolved in just a few months, while more complex estates with disputes can take a year or longer. Working with an experienced Queens probate lawyer can help avoid delays and keep the process moving smoothly.
What happens if someone dies without a will in New York?
If a person dies without a will (intestate), New York’s intestacy laws decide who inherits their assets. Generally, property is distributed to the closest relatives—starting with a spouse and children, then parents, siblings, and more distant relatives. This can create complications or disputes, especially in blended families. Having a valid will ensures that your wishes—not state law—determine how your estate is handled.
Do I need both a will and a trust?
It depends on your goals.
A will directs how your property is distributed and names guardians for minor children, but it still goes through probate.
A trust can help avoid probate, provide privacy, and offer more control over when and how beneficiaries receive assets.
Many families in Queens use both a will and a trust to cover all bases—protecting children, minimizing court involvement, and reducing potential disputes. An estate planning attorney can help determine the right combination for your situation.
What is the difference between a power of attorney and guardianship?
A power of attorney (POA) is a document you create in advance, authorizing someone you trust to handle financial or legal matters if you become unable to do so.
A guardianship is a court process used when someone has lost capacity and never set up a POA. The court appoints a guardian to manage that person’s affairs.
In short: a POA is proactive and avoids court; guardianship is reactive and requires legal proceedings. Preparing a POA now can save time, money, and stress later.
How do I choose the right executor for my estate?
Your executor should be someone you trust to carry out your wishes, stay organized, and handle financial matters responsibly. Many clients choose a spouse, adult child, or close friend, but you can also appoint a professional (such as an attorney or accountant) if you prefer neutrality. In New York, your executor must be a U.S. citizen or legal resident over the age of 18. Choosing the right executor is an important step in ensuring your estate is managed properly and without conflict.
118-21 Queens Boulevard, Suite 504
Forest Hills, NY 11375
Call Richard: +1 718-544-1000
Have questions? Need immediate guidance?
Call or complete the form below and a member of my team will respond promptly.
Call or complete the form below and a member of my team will respond promptly.