Frequently Asked
Legal Questions

Ianniello Anderson, P.C. is a full-service law firm founded in 1971 with over 50 years of combined legal experience in Upstate New York. We handle real estate, estate planning, divorce and family law, criminal defense, DWI, business law, and civil litigation — all under one roof. You never need to be referred elsewhere for the most common legal needs individuals and businesses face.

What sets us apart is deep local knowledge across the Capital Region, personalized one-on-one attorney relationships, and responsive communication that larger firms simply cannot match.

We serve clients throughout Eastern Upstate New York from four conveniently located offices:

• Clifton Park (Main Office) — 805 NY-146, Clifton Park, NY 12065
• Albany — 8 Airline Drive, Suite 101, Albany, NY 12205
• Saratoga Springs — 6 Butler Place, Saratoga Springs, NY 12866
• Glens Falls — 333 Glen Street, Suite 200, Glens Falls, NY 12801

We also regularly serve clients in Schenectady, Troy, Halfmoon, Queensbury, Amsterdam, and surrounding communities throughout the Capital Region.

Getting started is straightforward:

• Call directly: 518-371-8888 — Monday through Friday, 9 AM to 5 PM
• Online intake form: ialawny.com/contact-us — a member of our team follows up within one business day

For urgent matters — a DWI arrest, an imminent closing, or a court deadline — please call us directly. Our team will match you with the right attorney based on your legal matter and any attorney preference you have.

Fees depend on the matter type. Real estate closings and estate planning documents typically involve flat fees quoted upfront. Family law, criminal defense, and litigation matters are generally handled on an hourly basis. We discuss all fees clearly before any work begins — no surprises. Our goal is large-firm quality at accessible, transparent pricing.

Yes — New York is an attorney-closing state. Unlike many other states where title companies manage closings, New York law and industry practice require an attorney to oversee the process. Having your own attorney — separate from the other party's counsel — is standard and strongly recommended.

A real estate agent can find you a home, but they cannot review contracts, explain legal obligations, negotiate legal terms, or protect you from liability. Given that a home purchase is likely the largest financial transaction of your life, professional legal guidance is essential.

Your real estate attorney handles the full legal side from contract to keys:

• Contract review and negotiation — all riders and amendments before you sign
• Title search coordination — ensuring the seller holds clear, marketable title
• Due diligence — survey, inspection reports, HOA documents, and flagging concerns
• Mortgage document review — explaining loan terms before you commit
• Closing attendance — representing you at the table, ensuring all documents are correct and funds properly transferred

A typical residential closing takes 60 to 90 days from contract signing. Cash transactions can close in 30 days or less. Complex commercial deals or those with title problems may take longer. If you have a tight deadline, call us at 518-371-8888 — we move when your deal demands it.

Title insurance protects against financial loss from defects in the title — unknown liens, unpaid taxes, fraud, errors in public records, or undisclosed heirs. There are two types: lender's title insurance (required by virtually all mortgage lenders) and owner's title insurance (a one-time premium strongly recommended for buyers that protects you for as long as you own the property). Ianniello Anderson is authorized to issue title insurance at your closing.

Absolutely — it becomes even more critical without an agent involved. There is no listing agent preparing contracts, no buyer's agent coordinating the process, and no professional catching errors. Legal documents, riders, and disclosures required in New York must still be completed correctly. Our residential real estate attorneys regularly handle FSBO deals and identify the unique legal factors that generic online forms cannot address. Contact us before you sign anything.

Yes on both. Our commercial real estate practice covers office and retail leases, commercial sales, development agreements, and institutional transactions. For mortgage refinancing, we review new loan documents, coordinate payoff of your existing mortgage, and oversee county recording — efficiently and directly with your lender.

A will directs how your assets are distributed after death but must go through probate — the court validation process — and becomes public record. A trust transfers assets to a trustee to manage for your beneficiaries, often allowing assets to pass without probate — privately, faster, and with potential tax advantages. Many comprehensive plans include both.

Our estate planning attorneys will assess your assets, family structure, and goals to design the right combination for you.

Dying without a will in New York (called dying "intestate") means state law — not your wishes — dictates how your assets are distributed. Unmarried partners receive nothing regardless of relationship length. Close friends, step-children, and charities you care about may also be entirely excluded. Minor children may inherit outright with no trust to manage the funds responsibly.

A properly drafted will ensures your wishes are honored and your loved ones are protected. Don't leave this to chance.

Probate is the court process of validating a will and overseeing estate distribution, handled through Surrogate's Court in the county where the deceased lived. A straightforward New York estate can take 9 months to 2 years; larger or disputed estates take considerably longer. Proper planning with trusts and beneficiary designations can help your family avoid probate entirely for many assets.

A Power of Attorney (POA) authorizes someone you trust to manage financial and legal decisions on your behalf if you become unable to do so. New York has specific statutory requirements — documents from other states may not be accepted here. Without a valid POA, your family may need a costly court guardianship proceeding just to act on your behalf. It is one of the most important documents in any estate plan, regardless of age or wealth.

Review your estate plan whenever a major life event occurs — marriage, divorce (see our family law services), birth of a child, death of a named beneficiary, purchase or sale of real property, or starting/selling a business (see business law). As a general rule, review every 3–5 years even without a triggering event. Call us at 518-371-8888 to schedule an estate plan review.

Beyond basic wills and trusts, our estate attorneys offer sophisticated tax-advantaged strategies:

• Family Limited Partnerships (FLPs) — transfer assets at reduced estate tax cost while retaining control and protecting against creditors
• Qualified Personal Residence Trusts (QPRTs) — transfer your home out of your taxable estate while continuing to live in it for a set term
• Irrevocable Life Insurance Trusts (ILITs) — remove life insurance proceeds from your taxable estate, preserving the full benefit for heirs
• Post-mortem tax planning in coordination with your CPA and financial advisors

Our estate team works closely with our real estate and business law departments for fully integrated planning across all aspects of your estate and business interests.

Divorce timelines in New York vary by complexity:

• Uncontested divorce — both parties agree on all terms: as little as 3 to 6 months
• Contested divorce — disputes over property, custody, or support: 1 to 3 years or more

Collaborative divorce can often resolve even complex matters more efficiently than court. Our attorneys are trained in collaborative divorce and can advise whether it fits your situation.

New York follows equitable distribution — assets are divided fairly, not necessarily 50/50. Courts consider the length of the marriage, each spouse's income and earning potential, contributions to the marriage, the value of separate property, and children's needs. Separate property — assets owned before marriage, inheritances, and gifts — is generally not divided, though co-mingling over time can complicate this, especially with real estate and inherited assets.

New York courts use the "best interests of the child" standard, weighing each parent's stability, the child's relationship with each parent, each parent's willingness to support the other's relationship with the child, the child's preference (based on age and maturity), and any history of domestic violence or substance abuse. Our family law attorneys advocate firmly for your parental rights in both Supreme Court and Family Court.

Yes — either party can seek modification when there is a substantial change in circumstances: a significant income change, relocation, change in the child's needs, or evidence of parental unfitness. We represent clients in modification and enforcement proceedings across Albany, Schenectady, Saratoga, Warren, and Washington counties. Contact us to explore your options — life changes, and your court order should reflect that.

A prenup is not required but is wise when partners have significant individual assets, children from a prior relationship, business ownership, anticipated inheritance, or major income differences. It must be drafted well before the wedding with both parties having independent counsel. We also draft postnuptial agreements. If you're purchasing property together, our real estate team can coordinate with your family law attorney to align both agreements.

New York separates impaired driving offenses into four categories based on blood-alcohol content (BAC), substance type, and aggravating factors:

• DWI — BAC of .08%+ or drug impairment. Misdemeanor for first offense; felony for repeat offenses.
• DWAI/Alcohol — BAC between .05%–.07% or impaired "to any extent." Traffic infraction for a first offense.
• DWAI/Drugs — Impaired by any drug, including prescription medications. Misdemeanor.
• Aggravated DWI — BAC of .18%+ or driving with a child passenger. More serious penalties.

An experienced DWI attorney may be able to negotiate a charge reduction from DWI to DWAI — meaning no criminal record, lower fines, and a shorter license suspension.

A first-time DWI conviction in New York carries serious consequences:

• Fines of $500–$1,000 plus surcharges (often totaling $2,000+)
• License revocation for a minimum of 6 months
• Mandatory ignition interlock device installation
• Up to 1 year in jail (rare for first offenses without aggravating factors)
• Probation up to 3 years and mandatory Victim Impact Panel attendance
• Significantly higher auto insurance premiums for years

A DWI conviction can also impact your employment and professional licensing. Contact our DWI defense attorneys immediately at 518-371-8888.

Yes — in many cases a DWI can be reduced to a DWAI (a traffic infraction, not a misdemeanor) or dismissed entirely based on procedural or evidentiary issues. Our DWI defense attorneys scrutinize the lawfulness of the traffic stop, breathalyzer accuracy and calibration, how field sobriety tests were administered, and whether your constitutional rights were protected throughout.

You should strongly consider contesting it. Paying a traffic ticket is an admission of guilt and adds points to your license. Accumulate 11 points within 18 months and your license is suspended. Common tickets like speeding, running a red light, or improper cell phone use carry 3–5 points each. Our traffic violation attorneys regularly appear in traffic courts across the Capital Region and can often get charges reduced or dismissed — frequently without you needing to appear yourself.

Exercise your right to remain silent and ask for an attorney immediately. Do not answer police questions beyond providing your name and ID — anything you say can be used against you in court. Call Ianniello Anderson at 518-371-8888 right away. Our criminal defense attorneys handle DWI, drug offenses, assault, theft, and felony matters throughout Upstate New York. The sooner we are involved, the more legal options we have to protect you.

Strongly advisable. Our business attorneys assist with entity selection (LLC, S-Corp, C-Corp, Partnership), filing with New York State, drafting operating and shareholder agreements, reviewing commercial leases, and protecting intellectual property. Starting with the right legal structure protects your personal assets and can save significant money in taxes and disputes down the road. Many business formation matters also require coordination with our commercial real estate team if you're leasing or purchasing a business location.

Most business disputes trace back to poorly understood agreements. Standard contracts often heavily favor the other party — one-sided indemnification clauses, auto-renewal terms, broad liability waivers, or venue clauses requiring you to litigate in another state. Our business attorneys review and negotiate vendor agreements, service contracts, partnership agreements, and non-competes. A review before you sign costs far less than litigation after a dispute arises. If a dispute has already occurred, our business litigation team is ready to help.

Business litigation covers disputes between companies, partners, clients, employees, or vendors — breach of contract, shareholder disputes, fraud, non-compete violations, collections, and commercial landlord-tenant disputes. If another party has made a legal demand or you are considering legal action, consult an attorney promptly. Early involvement typically leads to faster, less costly resolutions and protects your legal position if the matter escalates to court.

Yes. We handle civil litigation and personal injury matters including premises liability, motor vehicle accidents, and other negligence claims. We also handle general civil litigation — contract disputes, property disputes, and other civil court proceedings for individuals. If you believe you have a civil claim, contact us for a consultation. We will review the facts and advise you on all available options.