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Thomas Martin Kernan

Business Attorney at Clifton Park, NY

5.0   4 reviews

also known as Thomas M. Kernan, Tom Kernan

This attorney is currently not accepting new clients.
Reason: In-House Counsel
This attorney is currently not accepting new clients.
Reason: In-House Counsel
  • Licensed for 20 years
    State NY
    Acquired 2004
    Currently Registered No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Thomas

Learn Thomas’s areas of practice.

Practice areas
  1. Business
    Formation of corporations, limited liability companies, professional corporations, professional limimited liability companies and partnerships; representation of clients in connection with the purchase and sale of businesses; representation of clients in the negotiation and drafting of a wide array of contracts

    19 years

  2. Employment and labor

    14 years

  3. Health care

    13 years

  4. Estate planning
    Significant experience in the areas of estate planning, estate administration and elder law. Practice includes includes preparation of wills, revocable trusts, Medicaid trusts, health care proxies, living wills, powers of attorney, and special needs trusts, Representation of clients in probate, administration and accounting proceedings.

    21 years, 125 cases

  5. Lawsuits and disputes
    Significant practice in litigation in both state and federal court including drafting of pleadings, conducting discovery, preparation of dispositive motions and applications for provisional remedies, and appellate practice. Admitted in New York State, the Supreme Court of the United States and in the United States District Courts for the Northern, Southern and Western Districts of New York. Significant experience in challenging and defending governmental action Article 78 proceedings.

    21 years

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. 




Berger & Kernan, P.C.
10 Maxwell Drive
Suite 101
Clifton Park, NY, 12065


5.0 / 5.0
  4 customer reviews
5 Star
4 Star
3 Star
2 Star
1 Star
Posted by Jennifer | January 19, 2011
Estate Planning
My husband and I were referred to Tom Kernan by our financial planner, and found him knowledgeable, patient and responsive to our questions, and easy to talk to regarding sensitive topics. Mr. Kernan took the time to listen to our needs and unique situations and create just the necessary documents. We truly appreciated that. No questions were considered minor, and he explained things in lay language so it was clear.
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Posted by Peter and Lisa DiLillo | October 12, 2009
Thomas Kernan Esq for Mr and Mrs Peter DiLillo Jr.
Thomas Kernan is an outstanding lawyer. He is very thorough and knowledgeable. He researches all case law and was always up to speed on our case. His prepared written documents were impeccable. He provided well guided information thoughout our case. Day or night, Tom was always there for us.
Posted by Michele and James | October 12, 2009
Mr. Kernan was approachable, able to understand and willing to listen to questions.
Posted by LIsa | October 9, 2009
Thomas M. Kernan
I have had the pleasure of knowing Thomas Kernan for many years. He has always been a very trustworty and knowledgeable friend/attorney. He never made me feel rushed or like I was wasting his time. He did a through job with my legal matters and continues to help me with my questions, always in a professional manner. I would highly recommend Thomas M. Kernan for any and all legal matters.
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  • Free Consultation 45 minutes
Payment methods
Cash, Check, Credit Card


AVVO RATING 7.8 (Very Good)

Work Experience

  • Vice President and General Counsel
  • Stat Staff Professionals, Inc.
  • 2015 - Present
  • Attorney
  • Berger & Kernan, P.C.
  • 2012 - 2015
  • Attorney
  • The Murray Law Firm, PLLC
  • 2011 - 2012
  • Attorney
  • Crane, Parente & Cherubin
  • 2005 - 2011
  • Senior Court Attorney
  • New York State Court of Appeals
  • 2003 - 2005
  • Legal Intern in Grand Jury Unit and Major Offense Unit
  • Albany County District Attorney's Office
  • 2001 - 2001
View all work experience


  • Albany Law School of Union University
  • J.D., summa cum laude
  • 2003
  • Bard College
  • B.A.
  • 2000

Sample of Legal Cases

  • Sysco Metro New York, LLC v Nutrition Management Services Co.
  • Settled case on favorable terms for client
  • Matter of Emma Regina
  • Successfully obtained court order
  • Estate of Elijah Tillery
  • Administered and judically settled estate
View all legal cases


  • New York State Bar Association, Family Law Section
  • Member
  • 2012 - Present
  • Saratoga County Bar Association
  • Member
  • 2011 - Present
  • New York State Office of Court Administration
  • Certified Guardian Ad Litem
  • 2010 - Present
  • New York State Bar Association, Trusts and Estates Law Section
  • Member
  • 2008 - Present
  • New York State Bar Association
  • Member
  • 2004 - Present
  • Avendale Homeowners Association, Inc.
  • Director and Corporate Secretary
  • 2010 - 2014
  • New York State Bar Association, Elder Law SectIon
  • Member
  • 2008 - 2011
  • Albany County Bar Association
  • Member
  • 2006 - 2011
View all associations

Languages Spoken

  • English

Honors and Awards

  • AV Preeminent Rated 4.7 out of 5
  • Martindale-Hubbell
  • 2015
  • Client Distinction Award
  • Martindale-Hubbell
  • 2014
  • National Order of the Barristers
  • Albany Law School
  • 2003
  • Justinian Society
  • Albany Law School
  • 2003
  • Salutatorian, Class of 2003
  • Albany Law School
  • 2003
  • Finalist, Morse Negotiations Competition
  • Albany Law School
  • 2003
  • Highest achievement in Trusts and Estates
  • Albany Law School
  • 2003
  • Highest achievement in Family Law
  • Albany Law School
  • 2003
  • Highest achievement in Procedure
  • Albany Law School
  • 2003
  • Member, Constitutional Law Appellate Advocacy Team
  • Albany Law School
  • 2002
  • Executive Director
  • Albany Law School Moot Court Board
  • 2002
View all awards


  • 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 Collin
  • 2007

Speaking Engagements

  • Second Saturday
  • No-Fault Divorce in New York
  • 2015
  • Second Saturday Divorce Workshop
  • Modification and Enforcement of Maintenance and Child Support Obligations
  • 2014
  • Second Saturday Divorce Workshop
  • No-Fault Divorce, Temporary Maintenance and Attorney's Fees
  • 2014
  • Second Saturday - A Seminar on Separation and Divorce
  • Divorce and Estate Planning
  • 2013
  • Second Saturday - A Seminar on Divorce and Separation - October 12, 2013
  • No-Fault Divorce, Temporary Maintenance and Pendente Lite Attorneys Fees
  • 2013
  • Revocable and Irrevocable Trusts, Wills and Advance Directives
  • Trusts and Estates Law Seminar
  • 2013
  • The Importance of Having a Will, Health Care Proxy and Power of Attorney
  • Wills; Trusts; Health Care Proxies; Powers of Attorney
  • 2009
  • The Importance of Having a Will, Health Care Proxy and Power of Attorney
  • Wills; Trusts; Health Care Proxies; Powers of Attorney
  • 2009
  • The Importance of Having a Will, Health Care Proxy and Power of Attorney
  • Wills; Trusts; Health Care Proxies; Powers of Attorney
  • 2008
View all speaking engagements

Attorney endorsements

Received (2)
Given (2)
Endorse Thomas
Estate planning Attorney | Aug 14
Relationship: Co-worker
"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."
Lawsuits and disputes Attorney | Dec 28
Relationship: Worked together on matter
"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."
Divorce and separation
Lawsuits and disputes