Fratello Law

Estate Planning Attorney in Melville, NY

Protect Your Family's Future Today

Clear guidance through life’s biggest decisions without the overwhelm or endless delays that leave families stressed and unprepared.

Comprehensive Estate Planning Services Melville

Your Legacy Protected, Your Family Secure

When your estate plan is done right, your family gets certainty instead of chaos. No months-long probate delays that can cost thousands in court fees. No family arguments over who gets what or who’s in charge. No scrambling to figure out your wishes while they’re grieving.

You get peace of mind knowing your assets go exactly where you want them, when you want them there. Your loved ones get clear instructions, proper legal authority, and protection from unnecessary taxes and fees. Most importantly, they get to focus on healing instead of handling legal headaches.

The right estate plan means your family remembers you for your thoughtfulness, not the problems you left behind.

Melville Estate Planning Law Firm

Local Expertise, Personal Attention

We understand the unique needs of Long Island families. We’ve helped hundreds of Melville residents navigate the complexities of New York estate law, from protecting family homes worth $800,000+ to ensuring smooth wealth transfer across generations.

Our approach is different. We offer bilingual services in Spanish and Italian, and we’ll meet you at home, in the hospital, or at our office – wherever you’re most comfortable. We know that estate planning isn’t just about legal documents; it’s about preserving family relationships and honoring your values.

With deep roots in the Long Island community, we understand local considerations like high property values, multi-generational households, and the importance of Medicaid planning for long-term care.

Estate Planning Process Melville NY

Simple Process, Comprehensive Protection

We start with a thorough consultation to understand your family situation, assets, and goals. No cookie-cutter approaches – every family is different, and your plan should reflect that.

Next, we design a comprehensive strategy that addresses your specific needs. This might include wills, trusts, powers of attorney, healthcare directives, and asset protection strategies. We explain everything in plain language, so you understand exactly what each document does and why you need it.

Finally, we prepare all documents with careful attention to New York’s strict legal requirements, guide you through proper execution, and provide ongoing support as your life changes. We’re not just preparing papers – we’re building a relationship that protects your family for years to come.

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Estate Planning Attorney Services Melville

Complete Protection for Long Island Families

Our comprehensive estate planning services address the real challenges Melville families face. With local property values averaging $848,500 and New York’s complex probate system, you need more than basic documents.

We handle everything from simple wills to sophisticated trust structures, Medicaid planning for long-term care, and asset protection strategies. For Melville residents, this often means protecting the family home from nursing home costs, ensuring smooth business succession, and minimizing the tax burden on your heirs.

We also provide specialized services like guardianship planning for minor children, special needs trusts, and real estate planning. Our bilingual capabilities serve our diverse Long Island community, and our flexible scheduling includes evening and weekend appointments, plus home visits when needed.

How much does probate cost in New York and can I avoid it?

Probate in New York is expensive and time-consuming. Court filing fees alone range from $625 to $1,250 depending on your estate size, plus executor fees of 2-5% of the estate value, attorney fees typically around 3% of the estate, and various administrative costs. The process can take anywhere from one month to over a year just to get Letters Testamentary, then the estate must remain open for seven months for creditor claims. For a $500,000 estate, you’re looking at $15,000-$30,000 in fees and over a year of delays. The good news? Most of this can be avoided with proper estate planning. Trusts, joint ownership, and beneficiary designations can keep your assets out of probate entirely, saving your family thousands of dollars and months of stress.
A will is a document that tells the court how to distribute your assets after you die, but it must go through probate. In New York, this means court supervision, public records, and significant delays and costs. A trust is a legal entity that holds your assets during your lifetime and distributes them according to your instructions without court involvement. Your successor trustee can distribute assets immediately after your death, keeping everything private and avoiding probate entirely. For Melville families with substantial real estate holdings, trusts offer additional benefits like asset protection from creditors, long-term care costs, and more sophisticated tax planning. They’re particularly valuable when you own property in multiple states or have complex family situations.
Long-term care costs on Long Island can easily exceed $150,000 annually, potentially wiping out a lifetime of savings. Medicaid planning is crucial, but it requires advance planning due to New York’s five-year lookback period. The most effective strategy is transferring assets into an irrevocable trust at least five years before you might need care. This removes assets from your name for Medicaid purposes while allowing you to continue living in your home and receiving income from other assets. Other strategies include purchasing long-term care insurance, creating caregiver agreements with family members, and restructuring assets to maximize Medicaid eligibility. The key is starting early – once you need care, your options become much more limited and expensive.
Joint ownership solves some problems but creates others, especially for Long Island families with significant assets. While jointly-held assets avoid probate when the first spouse dies, they don’t address what happens when the surviving spouse dies, becomes incapacitated, or needs long-term care. Joint ownership also means both spouses are liable for each other’s debts and legal judgments. If one spouse faces a lawsuit or creditor claims, jointly-held assets are at risk. This is particularly important for business owners or professionals with liability exposure. A comprehensive estate plan provides backup protection through wills, trusts, and powers of attorney. It ensures your assets are protected if both spouses die simultaneously, provides for minor children, and includes incapacity planning that joint ownership simply cannot address.
New York estate laws change frequently, and your personal situation evolves over time. We recommend reviewing your estate plan every three to five years, or whenever you experience major life changes like marriage, divorce, births, deaths, significant asset changes, or moves to different states. Recent changes to New York estate tax laws, federal tax exemptions, and Medicaid rules can significantly impact your plan’s effectiveness. What worked five years ago might not provide the same protection today. We also recommend updates when you acquire new real estate, start or sell a business, or when your children reach adulthood. For Long Island families, changes in local property values can also affect your planning strategies, particularly for estate tax purposes and Medicaid planning.
Without an estate plan, New York’s intestacy laws determine who gets your assets, and it might not match your wishes. Your spouse gets the first $50,000 plus half the remainder, with your children splitting the rest. If you have no spouse or children, assets go to parents, siblings, or other relatives according to a strict legal formula. The process becomes more complicated and expensive. Instead of your chosen executor, the court appoints an administrator who must post a bond. All assets go through probate, creating delays, costs, and public records of your private affairs. Perhaps most importantly, you lose control over who cares for your minor children, how your assets are managed, and when beneficiaries receive their inheritance. For Melville families with significant assets, this can result in thousands of dollars in unnecessary taxes and fees, plus family conflicts that could have been easily avoided.