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

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New York

Since 1997

Head of Law Office

Stephen Bilkis & Associates

Current

Touro Law School

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. Steps to claim retirement benefits from QDRO after ex-husband's retirement

July 12, 2025

A: I'm sorry you are dealing with this uncertainty, especially when retirement benefits can make a meaningful difference after a long-awaited divorce resolution. If a Qualified Domestic Relations Order (QDRO) was submitted to the retirement plan administrator following your divorce in 2000, and your ex-husband has now retired, you may be entitled to receive payments. However, if you have not received any documentation or payments, you may need to take several steps to secure your share.

First, contact the plan administrator directly. You are entitled to a copy of the plan’s procedures for processing QDROs and may request information regarding the status of your specific QDRO. Even if your ex-husband confirmed it was submitted, the administrator should be able to verify whether it was received, approved, and implemented. Provide identifying information such as your name, your ex-husband’s name, the date of the divorce, and any plan ID numbers if available. You may also need to provide a copy of the court-approved QDRO if the plan administrator does not have it on file.

Second, confirm that the QDRO was properly entered and approved by both the court and the plan administrator. In New York, a QDRO is only effective once it has been signed by the judge and approved by the retirement plan. If the QDRO was never fully accepted by the plan, the administrator may not have been authorized to distribute benefits to you.

If the plan administrator does have the QDRO but has not made payments, request a clear explanation for the delay. You may also want to inquire whether your benefits have been held in a separate account or if any action is needed to trigger payment. Some plans require additional steps or forms to initiate distribution, especially if benefits are being paid as a separate interest or shared payment.

If you encounter resistance or cannot obtain clear answers from the plan administrator, you may need to consult with a New York attorney experienced in QDRO enforcement. You may also consider filing a motion in the original divorce court to compel compliance or enforcement of the QDRO if your ex-husband has interfered with its administration.

This response is for general informational purposes only and does not constitute legal advice. For assistance with your specific case, contact a New York family law attorney experienced in QDRO matters. ... Read More

Q. What happens to money owed to my deceased mother from a friend's probate?

July 12, 2025

A: I'm sorry for the loss of your mother and for the added difficulty of dealing with legal and financial matters during this time. Based on what you’ve shared, the $45,000 your mother was set to receive from her friend’s estate will now become part of your mother’s estate, assuming it is distributed through the friend’s probate proceeding as outlined in their will.

In New York, when someone who is named as a beneficiary in a will dies before the asset is distributed, that bequest typically becomes part of the deceased beneficiary’s estate, unless the original will provides for an alternate beneficiary. Since your mother was alive at the time of the friend’s death, and her friend’s estate plan directed the money to her, that bequest remains valid and enforceable. It does not disappear because she passed away before receiving it.

Once the probate court overseeing the friend’s estate distributes the money, it will be paid to your mother’s estate. At that point, the executor of your mother’s estate will be responsible for collecting the funds and including them in the total value of her estate. If your mother had a will, and it specifies that her grandson is the beneficiary of her assets, then this $45,000 will be distributed to him in accordance with her wishes, assuming there are no outstanding debts or expenses that must be paid first.

You will need to open probate for your mother’s estate to receive the funds. This involves submitting her will to the Surrogate’s Court in the county where she lived at the time of her death and petitioning to be appointed as executor, if no one has done so already. Once the court issues letters testamentary, the executor can notify the friend’s estate administrator or attorney that your mother’s estate is entitled to receive the $45,000. Proof of the letters testamentary will likely be required.

This response is intended for informational purposes only and does not constitute legal advice. For specific guidance on probate or estate matters, you should consult a qualified New York estate attorney. ... Read More

Q. Seeking advice on fighting constitutional rights violations in my boyfriend's incarceration and bail denial.

July 12, 2025

A: I'm sorry you're dealing with such a difficult and frustrating situation. When someone is held in custody for an extended period without bail or timely court proceedings, it raises serious questions about due process and the right to a fair and speedy trial.

In New York, individuals accused of crimes have constitutional and statutory rights to a speedy trial under both the U.S. Constitution and the New York Criminal Procedure Law (CPL § 30.30). CPL § 30.30 sets specific time limits for the prosecution to be ready for trial, depending on the severity of the charges. For felonies, the People generally have six months to be ready for trial, excluding certain delays that may be attributable to the defense or the court.

Being held without bail for 13 months without a preliminary hearing or trial readiness raises concerns that may warrant legal review. If the prosecution has not declared its readiness for trial within the statutory period and if no valid exclusions apply, the defense may file a motion to dismiss under CPL § 30.30. Additionally, constitutional speedy trial protections under the Sixth Amendment may apply if the delay is deemed unreasonable, prejudicial, and not justified by valid reasons.

If continuances have been granted without the required motions or court findings, this could be challenged. The court is expected to make a record of the reasons for any delay, especially when the defendant remains in custody. The absence of a bail review or formal motion by the prosecution to hold without bail may also be significant. Under New York law, bail decisions must be made promptly and based on statutory criteria, and the defense may request a bail hearing or re-application.

If the current defense attorney refuses to raise these issues or seems to disregard potential violations, your boyfriend has the right to request a different attorney or to file a grievance if the representation falls below acceptable standards. Filing a habeas corpus petition in Supreme Court may also be an option if unlawful detention is suspected.

This answer is for informational purposes only and does not constitute legal advice. For assistance with this matter, a qualified criminal defense attorney should be consulted. ... Read More

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