
Fabrice K. Michel is the founder of Michel Law, where he represents clients in matrimonial, estate planning and administration, and litigation matters. The practice is litigation-first: contested divorce, deed fraud and quiet title actions under RPAPL Article 15, fraudulent conveyances, and contested probate and accounting proceedings before the New York Surrogate’s Courts.
Attorney Michel built the firm after serving in AM Law 200 firms, where he developed the discipline and judgment that define the firm’s approach to every matter. The firm handles the matters where the facts are complicated, the opposing counsel is capable, and the stakes are measured in business interests, inherited assets, or a family home. Every engagement receives his direct, first-chair attention — from initial consultation through final resolution.
Attorney Michel is admitted in New York State and before the United States District Courts for the Eastern and Southern Districts of New York. He holds Part 36 appointments as Court Evaluator under Mental Hygiene Law § 81.09, and practices across Nassau, Suffolk, Queens, Kings, Bronx, and Westchester counties. He writes regularly on the litigation and planning issues that affect affluent New York families.
SCPA § 1404 lets an interested party examine the attesting witnesses, drafting attorney, and executor under oath before deciding whether to object. The three-two rule, the strategic use, and the privilege exception.
An Article 81 petition is not a done deal. The opposition framework for an AIP or family objector: functional incapacity, less restrictive alternatives, the evaluator's report, and the proposed-guardian challenge.
EPTL § 5-1.1-A gives a NY surviving spouse the greater of $50K or one-third of the net estate, sweeping in testamentary substitutes. The six-month deadline, the mechanics, and the election decision.
RPAPL Article 9 gives any tenant in common or joint tenant the right to force partition of jointly held NY real property. Standing, in-kind vs sale, equitable adjustments, and pleading posture.
SCPA § 719 lets the Surrogate's Court revoke a fiduciary's letters summarily on specified grounds. The enumerated grounds, the pleading posture, and the compulsory-accounting record that drives the removal petition.
DRL § 237 creates a rebuttable presumption that the less-moneyed spouse recovers counsel fees from the moneyed spouse. The pleading posture, interim and final awards, and the dilatory-conduct record that drives award amounts up.
A New York prenup is only as useful as the clauses that survive challenge. The DRL § 236(B)(3) framework, the clauses that hold up, the clauses that fail, and the signing-day posture that decides which category each falls into.
RCL § 12 requires Attorney General or court approval before a NY religious corporation can mortgage, sell, or lease real property for over five years. The application, the review standard, and the timeline.
MHL § 81.02 sets a high bar for Article 81 guardianship in New York. The functional-limitations standard, the clear-and-convincing burden, and what separates a granted petition from a dismissed one.
SCPA § 2205 is how a New York beneficiary forces an executor or administrator to account. Standing, pleading, and judicial-accounting mechanics, with objection practice under SCPA § 2211.
SCPA § 2103 is the Surrogate's Court mechanism to compel disclosure and recovery of estate assets held by third parties. A New York estate practitioner's guide to the proceeding.
DeJesus v. DeJesus governs how unvested RSUs, stock options, and deferred equity are divided in a New York divorce. The time-rule framework and what it means for executive and tech-finance spouses.
A New York co-op is personal property, not real estate, and divides differently in divorce. Proprietary lease, board approval, valuation discounts, and buyout mechanics for HNW matrimonial practice.
The single most consequential procedural step in a contested probate matter occurs before a formal objection is filed. Done well, it determines whether a will contest proceeds, settles, or ends.
When a durable POA is sufficient, when it is not, and the four scenarios where Article 81 of the Mental Hygiene Law becomes the only answer.
When an owner or heir discovers a wrongful deed, the window to recover the property is measured in days, not weeks. What happens in the first filings determines whether recovery is possible.
Transfers made in the months before filing a Summons with Notice become evidence at trial under DRL § 236(B). Nassau judges enforce it.
The federal annual gift exclusion, the New York estate tax cliff, and charitable deadlines all turn on December 31. A New York estate planner's year-end checklist.
Discovering a forged deed on ACRIS triggers a 72-hour window where preservation steps decide whether the property can be protected while the merits are litigated. A deed-fraud litigator's playbook.
The DRL § 236(B)(6) income cap on New York spousal maintenance limits the guideline formula; it does not limit the court's authority to order more. A litigator's breakdown.
Forged deeds are void ab initio in NY. Quiet title under RPAPL Article 15, with same-day lis pendens, is how the record is cleared.
How to avoid probate in New York — and when you actually want to. A New York attorney explains the tools that bypass Surrogate's Court and the planning that ties them together.
How forensic accounting uncovers hidden assets in New York high-net-worth divorce. Common concealment patterns, investigative techniques, and legal remedies.
Equitable distribution in a New York divorce does not mean a 50/50 split. A guide to how marital property is actually divided and what factors drive the outcome.
Are trusts protected in a New York divorce? It depends on who created the trust, when, and how it was funded. A guide for high-net-worth spouses.
How is a business valued in a New York divorce? An overview of valuation methods, the active/passive distinction, and what business owners need to know.
How spousal maintenance is calculated in high-income New York divorces, how the income cap works, and what factors drive deviations from the statutory formula.
The most common — and most expensive — estate planning mistakes high-net-worth New Yorkers make, and how to avoid them. A practical guide from a Long Island attorney.
Revocable or irrevocable trust? The choice affects your taxes, your creditors, and your control. A New York attorney explains when each one actually makes sense.
New York's estate tax cliff can cost a family millions for being slightly over the exemption. A New York attorney explains the rule and the strategies that avoid it.
Choosing a trustee is harder than choosing a beneficiary. A New York attorney explains the tradeoffs between family, professional, and corporate trustees — and how to avoid costly mistakes.
Dynasty trusts can protect family wealth across generations from estate tax, creditors, and divorce. A New York attorney explains how they work and when they make sense.
What happens when someone dies in New York? A New York attorney explains the probate process step by step — timelines, costs, and the issues that complicate high-net-worth estates.
How long does probate take in New York? An attorney walks through realistic timelines for simple, complex, and contested estates — and what causes the delays.
Generational wealth requires more than trusts and estate planning. A New York attorney explains how prenuptial agreements protect family wealth across marriages and generations.
Are prenuptial agreements enforceable in New York? A New York attorney explains what courts require, the most common challenges, and how to draft a prenup that actually holds up.
Postnuptial agreements in New York let married couples define property rights mid-marriage. A New York attorney explains when they make sense and what courts require for enforceability.
Contesting a Will in New York is harder than most people think. A New York attorney explains the recognized grounds, the procedural realities, and when a contest actually makes sense.