McCarthy Fingar LLP

McCarthy Fingar LLP has been serving families and businesses in the New York Metropolitan area and Westchester County for over 70 years. The firm offers a wide array of legal services across practice areas including Estate & Trust Litigation, Trusts & Estates, Charitable Gift Planning, Guardianship, Appellate Practice, Commercial Litigation, Collaborative Law, Corporate & Commercial, Matrimonial & Family Law, Mediation and Arbitration, Municipal Law and Land Use, Real Estate, Taxation and Tax Certiorari & Condemnation.

McCarthy Fingar is one of the leading trusts and estates litigation firms in the New York Metropolitan area and Westchester County. Our attorneys represent clients in litigation matters in the New York Surrogate's Courts and Supreme Courts. We represent fiduciaries (executors, trustee and guardians) and actual or prospective beneficiaries of estates and trusts in a variety of contested proceedings, including Will & Trust Contests; Property Turnover Proceedings; Fiduciary Removal Proceedings, Contested Accountings, Spousal Rights Proceedings; Kinship Proceedings; and Will or Trust Construction Proceedings.

The co-chairs of the Estate & Trust Litigation Group, Irma K. Nimetz ([email protected]) and Frank W. Streng ([email protected]) recently won an important case in the New York State Court of Appeals, New York's highest court, in a case captioned Carlson v. Colangelo, 44 N.Y.3d 116 (2025). The case involved an “in terrorem” clause, also known as a no-contest clause, which is a provision in a will or trust that disinherits a beneficiary if they challenge the document’s validity or its provisions. In Carlson v. Colangelo, the lower court and appellate court determined that our client violated an in terrorem clause, and, thus, forfeited her legacies under the decedent’s trust agreement. However, on appeal, the Court of Appeals, in a 4 to 3 opinion, disagreed with the lower courts and agreed with our client. Irma Nimetz, who argued the appeal, convinced the Court of Appeals that our client did not violate the in terrorem clause and thus did not forfeit her legacies.

McCarthy Fingar is a preeminent trusts and estates firm. We represent individuals, families and corporate fiduciaries in tax and financial planning, estate and trust administration and estate and trust litigation. In estate planning, our lawyers make and implement recommendations to our clients to ensure the orderly transfer of a client's assets to succeeding generations with the least overall tax impact. In estate and trust administration, we perform tax and non tax legal services that permits an executor or trustee to make distributions from an estate or trust at the earliest and best time. The co-chairs of our Trust & Estates Group are Michael S. Kutzin ([email protected]) and Gail M. Boggio ([email protected]).

McCarthy Fingar's Municipal Law and Land Use attorneys represent towns, villages and special districts throughout Westchester County and the Hudson Valley. Our attorneys represent clients in the areas of planning, zoning and environmental law and in rem tax foreclosure and tax certiorari proceedings. We also engage in administrative and litigated proceedings both before and on behalf of governmental units. Please contact Joshua Subin ([email protected]) for assistance.

McCarthy Fingar maintains a strong reputation in Matrimonial Law and Family Law, as well as Collaborative Law. Our attorneys represent clients in connection with prenuptial and postnuptial agreements, separation agreements, stipulations of settlement and uncontested divorces and litigation. Please contact Kristen Pennessi ([email protected]) for assistance.