Stephen Bilkis

Stephen Bilkis graduated from Touro Law School in 1997. Soon after he passed the bar exam of New York and established the Law Offices of Stephen Bilkis & Associates. In over 20 years of practice, Mr. Bilkis has successfully represented scores of clients throughout Nassau County, Suffolk County, Westchester County, Queens, Brooklyn, Bronx, Manhattan, Long Island, and Staten Island in matters related to personal injury, probate law, criminal law, and family law.

Mr. Bilkis strongly believes that each client is unique and each case is different. His solutions are never “one size fits all.” He prides himself on listening to his clients, reviewing all facets of each case, and using his deep knowledge of New York law to come up with individualized solutions for each client.

Stephen Bilkis has been a member of various national and local bar organizations and associations including the New York State Bar Association, American Prepaid Legal Institute, the American Association for Justice, AARP Legal Services Network, and the New York State Trial Lawyers Association.

Stephen Bilkis and the staff at the Law Offices of Stephen Bilkis & Associates have well-earned reputations as knowledgeable and effective attorneys who fight for their clients’ legal rights. Because of this, the firm, its attorneys, and some of their notable cases or clients, in whole or in part, have been mentioned on several media outlets including CNN, CBS, CNBC, and ABC New York, as well as in the New York Times, New York Post and Newsday.

• Car Accidents

• Free Consultation

New York

Since 1997

Head of Law Office

Stephen Bilkis & Associates

Current

Touro College Jacob D. Fuchsberg Law Center

J.D.

10.0 Rating

Justia

AFL-CIO Union Privilege Legal Plan

Plan Administrator

Current

American Prepaid Legal Institute

Member

Current

New York State Trial Lawyers

Member

Current

New York State Bar  # 2842938

Member

1997 - Current

Union Plus Benefits for AFL-CIO Union Members Newsletter

Union Plus

Union Plus, AFL-CIO Legal Benefits Conference, Washington, DC

AFL-CIO

Gave yearly talks about employment benefit packages to the AFL-CIO Union leaders and members

Accepted Member

Writers Guild of America East

Q. Will a Puerto Rico will be valid in New York if the deceased was domiciled there?

July 25, 2025

A: I’m sorry for your loss, and I understand how difficult it must be to navigate these legal questions while managing family dynamics and grief.

Under New York law, a will executed in another jurisdiction, including Puerto Rico, can be admitted to probate in New York if it meets certain conditions. The key issue is whether the will was executed in a manner that complies with New York’s standards or those of the place where it was made. According to EPTL § 3-5.1(c), a will that is valid under the laws of the jurisdiction where it was executed may be treated as valid in New York, even if it does not meet all formalities required under New York law.

Since your mother was domiciled in New York, New York has primary jurisdiction over her estate. The fact that the will was executed in Puerto Rico while she was on vacation does not automatically disqualify it. However, if the will does not mention any assets located in New York and there are heirs who intend to challenge it, there may be litigation over its validity or over whether a different will (or intestacy) should apply.

The Surrogate's Court in the New York county where your mother was domiciled at the time of her death would generally have authority to handle the probate of her estate. The court may require a translated and certified copy of the Puerto Rico will along with proof that it was validly executed under Puerto Rican law. You will also need to submit an application for probate, provide notice to heirs, and comply with the Surrogate’s Court Procedure Act (SCPA).

If a challenge is raised, the court will examine several issues, including whether the will represents your mother’s true intentions, whether it was properly executed, and whether there are any claims of undue influence or lack of capacity. If the court accepts the Puerto Rico will for probate, it will govern the distribution of her estate in New York, regardless of where the will was signed.

This response is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. For help with your specific case, consult with a New York probate attorney who can review the full details and represent your interests in Surrogate’s Court. ... Read More

Q. Can New York jurisdiction be challenged and motion to suppress filed due to unlawful search?

July 24, 2025

A: It’s understandable to feel alarmed and confused after learning about what happened to your friend. Encounters with law enforcement, especially those involving potential violations of rights, can be overwhelming and raise serious legal concerns.

In New York, jurisdiction cannot typically be challenged simply because there may have been an unlawful search. A criminal court has jurisdiction over a person charged with a crime committed within its geographic area, as long as proper arrest and arraignment procedures were followed. Therefore, unless there is a separate jurisdictional defect, such as a misfiled complaint in the wrong court or an error in identifying the location of the offense, the court’s jurisdiction is not likely to be set aside based on the legality of the search.

However, your friend may still have a basis to file a motion to suppress evidence under CPL § 710.20, which allows for suppression of evidence obtained through unconstitutional means, including an unlawful search or seizure. If the officers opened the car door without a warrant, probable cause, or consent, and there were no exigent circumstances justifying their entry, your friend may have a viable Fourth Amendment claim. The presence of drugs in his backpack does not automatically legalize the search if the initial entry and search were unlawful.

The absence of Miranda warnings may not invalidate the search itself, but it could affect the admissibility of any statements made by your friend while in custody. If he made incriminating statements without being advised of his rights, those statements could be challenged through a motion to suppress under CPL § 710.30.

The concern that police may misrepresent the facts is a common one, but it should not automatically prevent a defense attorney from filing suppression motions. Courts consider all evidence, including third-party witness accounts, officer testimony, and any body camera footage. A motion to suppress preserves your friend’s constitutional rights and may result in key evidence being excluded if the court finds the search was unlawful.

This response is intended for general informational purposes and does not create an attorney-client relationship. Your friend should consult with a criminal defense attorney in New York who can evaluate the case details and determine the best legal strategy. ... Read More

Q. Are we heirs to landlocked property owned solely by deceased uncle in New York?

July 24, 2025

A: I'm sorry you're dealing with uncertainty during what is likely a difficult time for your family. Inheritance questions involving intestate estates and shared property can be complicated, particularly when multiple family members and co-ownership structures are involved.

In New York, when someone dies without a will (intestate), their estate is distributed according to the rules set out in EPTL § 4-1.1. If your uncle died without a spouse, children, or parents, and he had living siblings, then those siblings would inherit equal shares of his estate. If a sibling predeceased him but had children, those children (i.e., nieces and nephews) would inherit their parent’s share by representation. This means that if your father was your uncle’s brother and your father passed away before your uncle, you and your sister may be entitled to your father's portion of the estate.

However, to determine whether you are entitled to a share of the landlocked property, you must confirm:

That your father predeceased your uncle, and

That your uncle had no surviving spouse, children, or parents at the time of his death.

The fact that your uncle owned the landlocked property individually does not change the intestate distribution rules. Ownership by him alone means that the property becomes part of his probate estate and is distributed according to state intestacy law, not based on any co-ownership you or your family may have with regard to the adjacent property.

If you and your sister are indeed the children of a predeceased sibling of your uncle, and there are only two surviving siblings, the estate (including the landlocked property) would typically be divided into three equal shares. Your father's share would pass to you and your sister in equal parts.

To clarify your rights and ensure the property is properly handled, a petition for administration should be filed in Surrogate’s Court in the county where your uncle lived. You may want to consider consulting with a probate attorney to help with this process and confirm your legal status as distributees.

This response is for general informational purposes only and does not create an attorney-client relationship. You should consult with a New York attorney experienced in estate law to review your specific situation and advise you accordingly. ... Read More

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