Thomas Martin Kernan

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.