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Thomas Martin Kernan

Thomas Martin Kernan

also known as Thomas M. Kernan, Tom Kernan

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About Me

Thomas M. Kernan, a Partner in the Clifton Park, New York law firm of Berger & Kernan, P.C., practices in the areas of estate and trust planning, probate and estate administration, matrimonial and family law, litigation and dispute resolution and business law.


Mr. Kernan received his Juris Doctorate from Albany Law School of Union University, from which he graduated summa cum laude and where he was Salutatorian of his graduating class.  Before entering private practice, Mr. Kernan completed a two-year judicial clerkship at the New York Court of Appeals, the State’s highest appellate court, where researched and drafted reports for the Judges of the Court analyzing both substantive and jurisdictional issues raised in motions for leave to appeal, appeals as of right and certified questions.


Mr. Kernan represents corporate and individual clients in litigated matters on a wide range of issues that run the gamut from family and matrimonial matters to Surrogate’s Court litigation to complex commercial and employment litigation in both state and federal court. 


Mr. Kernan has significant experience in the field of Trusts and Estates. Mr. Kernan prepares Wills, living wills, health care proxies, powers of attorney, standby guardianship designations, Revocable Trust Agreements, Irrevocable Life Insurance Trusts, Supplemental Needs Trusts, and Medicaid Asset Protection Trusts. Mr. Kernan also regularly represents clients in New York State Surrogate’s Court in contested and uncontested probate proceedings, contested and uncontested accounting proceedings, proceedings for judicial settlement of account, compulsory accounting proceedings, and miscellaneous proceedings.


Mr. Kernan also regularly advises clients on a wide range of business and general corporate matters, including the formation of business entities, the drafting of limited liability company operating agreements and corporate shareholder agreements, the negotiation of commercial leases, the purchase and sale of existing businesses and professional practices, the purchase and sale of commercial real estate, and the review and preparation of various agreements, including licensing agreements, non-compete agreements, asset purchase agreements and stock sale agreements. Mr. Kernan also possesses significant expertise in the formation of harness racing corporations and the licensing of such entities and their principals by the New York State Racing and Wagering Board. 


Mr. Kernan is admitted to practice before allNew YorkStatecourts, as well as the Supreme Court of theUnited States, the Second Circuit Court of Appeals, and the United States District Courts for the Southern, Northern, and Western Districts ofNew York. He is a Member of the New York State Bar Association as well as the Saratoga County Bar Association. 




Practice Areas


  1. Business: 30%
    10 years
  2. Employment & Labor: 25%
    5 years
  3. Health Care: 25%
    4 years
  4. Estate Planning: 15%
    12 years, 125 cases
  5. Lawsuits & Disputes: 5%
    12 years



Free Consultation (45 minutes)

Payment Types:

Cash, Check, Credit Card

Attorney Endorsements

2 total 

  • Joseph C Berger

    Tom is extremely knowledgeable in the areas of trust, estates, and wills. He has been appointed as a guardian ad litem by several surrogates courts in upstate New York. He is highly respected by both clients, advisory attorneys, and judges in upstate New York. I highly recommend his services to all those seeking advice/counsel in these areas.


    Joseph Berger Divorce & Separation Attorney
    Relationship: Co-worker

  • John Thomas McManus

    Tom and I have worked together on a number of complex matters. As a former clerk at the NYS Court of Appeals, it is no surprise that Tom is a very intelligent and ethical attorney. I have enjoyed working with Tom in the past and hope to work with him again in the future.


    John McManus Energy & Utilities Attorney
    Relationship: Worked together on matter

Contact Info

Berger & Kernan, P.C.

10 Maxwell Drive
Suite 101
Clifton Park, NY, 12065


NYCurrently registered 200403/13/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Award NameGrantorDate Granted
AV Preeminent Rated 4.7 out of 5Martindale-Hubbell2015
Client Distinction AwardMartindale-Hubbell2014
Highest achievement in ProcedureAlbany Law School2003
Highest achievement in Family LawAlbany Law School2003
Highest achievement in Trusts and EstatesAlbany Law School2003
National Order of the BarristersAlbany Law School2003
Finalist, Morse Negotiations CompetitionAlbany Law School2003
Salutatorian, Class of 2003Albany Law School2003
Justinian SocietyAlbany Law School2003
Member, Constitutional Law Appellate Advocacy TeamAlbany Law School2002
Executive DirectorAlbany Law School Moot Court Board2002
Work Experience
TitleCompany NameDuration
AttorneyBerger & Kernan, P.C.2012 - Present
AttorneyThe Murray Law Firm, PLLC2011 - 2012
AttorneyCrane, Parente & Cherubin2005 - 2011
Senior Court AttorneyNew York State Court of Appeals2003 - 2005
Legal Intern in Grand Jury Unit and Major Offense UnitAlbany County District Attorney's Office2001 - 2001
Association NamePosition NameDuration
New York State Bar Association, Family Law SectionMember2012 - Present
Saratoga County Bar AssociationMember2011 - Present
New York State Office of Court AdministrationCertified Guardian Ad Litem2010 - Present
Avendale Homeowners Association, Inc.Director and Corporate Secretary2010 - 2014
New York State Bar Association, Trusts and Estates Law SectionMember2008 - Present
New York State Bar Association, Elder Law SectIonMember2008 - 2011
Albany County Bar AssociationMember2006 - 2011
New York State Bar AssociationMember2004 - Present
Legal Cases
Case NameOutcome
Estate of Elijah TilleryAdministered and judically settled estate
Estate of Edward SorensonSuccessfully probated will and administered estate
Buffalo S. R.R. v. Vill. of Croton-On-Hudson, 434 F. Supp. 2d 241 (SDNY 2006)Successfully obtained preliminary injunction
See all Legal Cases 
Publication NameTitleDate
Contributing Author to The Judges of the New York Court of Appeals: A Biographical History (Fordham University Press, October 2007)Biographies of Judges George Comstock and Frederick Collin2007
School NameMajorDegreeGraduated
Albany Law School of Union UniversityLawJ.D., summa cum laude2003
Bard CollegeN/AB.A.2000
Speaking Engagements
Conference NameTitleDate
Second SaturdayNo-Fault Divorce in New York2015
Second Saturday Divorce WorkshopModification and Enforcement of Maintenance and Child Support Obligations2014
Second Saturday Divorce WorkshopNo-Fault Divorce, Temporary Maintenance and Attorney's Fees2014
Second Saturday - A Seminar on Separation and DivorceDivorce and Estate Planning2013
Second Saturday - A Seminar on Divorce and Separation - October 12, 2013No-Fault Divorce, Temporary Maintenance and Pendente Lite Attorneys Fees2013
Revocable and Irrevocable Trusts, Wills and Advance DirectivesTrusts and Estates Law Seminar2013
The Importance of Having a Will, Health Care Proxy and Power of AttorneyWills; Trusts; Health Care Proxies; Powers of Attorney2009
The Importance of Having a Will, Health Care Proxy and Power of AttorneyWills; Trusts; Health Care Proxies; Powers of Attorney2009
The Importance of Having a Will, Health Care Proxy and Power of AttorneyWills; Trusts; Health Care Proxies; Powers of Attorney2008