Trust Attorney in Smithtown, NY

Protect Your Legacy Without Court Delays

Your family deserves privacy and security when you’re gone. Our trust attorneys help Smithtown families avoid probate and protect assets from nursing home costs.

Living Trust Creation Smithtown

Keep Your Assets Private and Protected

When you establish a trust, your assets transfer directly to your beneficiaries without probate court involvement. No public records. No delays. No unnecessary legal fees eating into your family’s inheritance.

Your loved ones receive more of what you’ve worked for because trusts bypass the expensive probate process entirely. For Long Island families facing nursing home costs that average $390 per day, trusts provide essential asset protection that can preserve your legacy.

The peace of mind is immediate. You know your wishes will be followed exactly as you’ve specified, and your family won’t have to navigate complex court procedures during an already difficult time.

Smithtown Trust Lawyers

Local Expertise You Can Trust

We have been serving Smithtown families for years, and we understand the unique challenges Long Island residents face. From multi-generational homeownership to Medicaid planning, we know what matters most to our neighbors.

We’re not just your attorneys – we’re part of this community. We offer bilingual services in Spanish and Italian, and we’ll come to your home, hospital, or nursing home when you need us most.

Our approach is simple: we listen first, explain everything clearly, and create solutions that actually work for your family’s specific situation.

Trust Administration Process NY

Clear Steps, No Surprises

First, we sit down and discuss your goals, your family situation, and your concerns. We want to understand what you’re trying to accomplish and what keeps you up at night.

Next, we analyze your assets and recommend the right type of trust for your needs. Whether it’s a revocable living trust for probate avoidance or an irrevocable trust for Medicaid planning, we’ll explain exactly how it works and why it’s the right choice for your situation.

Then we draft the trust documents, help you transfer your assets, and guide you through the funding process. We make sure everything is properly titled and your trust is fully operational. Finally, we provide ongoing support for trust administration and any future changes you might need.

Ready to get started?

Explore More Services

About Fratello Law

Get a Free Consultation

Asset Protection Trusts Long Island

Comprehensive Trust Services for Every Need

Our trust services go beyond basic document preparation. We create revocable living trusts that help you maintain control while avoiding probate. We establish irrevocable trusts for Medicaid planning that can protect your home and savings from nursing home costs.

For families with special needs members, we draft special needs trusts that preserve government benefits while providing additional support. We also handle trust administration, helping trustees manage assets and distributions according to your wishes.

Long Island families face unique challenges, including some of the highest nursing home costs in the country. Our local expertise means we understand New York’s specific Medicaid rules and can structure trusts that provide maximum protection while keeping you in compliance with state requirements.

What's the difference between a revocable and irrevocable trust?

A revocable trust allows you to maintain control over your assets and make changes whenever you want. You can modify beneficiaries, add or remove assets, or even dissolve the trust entirely. The main benefit is probate avoidance – your assets transfer directly to your beneficiaries without court involvement. An irrevocable trust requires you to give up control of the assets you place in it. Once established, you generally cannot change the terms or reclaim the assets. However, this loss of control provides significant benefits: asset protection from creditors, potential tax advantages, and most importantly for Long Island families, protection from nursing home costs when applying for Medicaid. The choice depends on your priorities. If you want flexibility and probate avoidance, a revocable trust works well. If you’re concerned about nursing home costs or need asset protection, an irrevocable trust is usually the better option.

How does a trust help with Medicaid planning?

Medicaid has strict asset limits – you can only have about $2,000 in countable assets to qualify for nursing home coverage. Since nursing homes in Long Island cost around $390 per day, most families need Medicaid help to avoid financial devastation. An irrevocable trust can protect your assets from Medicaid’s spend-down requirements. When you transfer assets to an irrevocable trust, they’re no longer considered yours for Medicaid purposes. This means you can qualify for benefits while preserving your home and savings for your family. The key is timing. Medicaid has a five-year look-back period, so any transfers must be completed at least five years before applying for benefits. That’s why we always recommend starting your Medicaid planning as early as possible, ideally when you’re still healthy and don’t anticipate needing care soon.

Can I change my trust after it's created?

With a revocable living trust, you can make changes anytime you want. You can add or remove assets, change beneficiaries, modify distribution terms, or even dissolve the trust completely. This flexibility makes revocable trusts popular for basic estate planning and probate avoidance. Irrevocable trusts are much more restrictive. Once established, you generally cannot change the terms or reclaim the assets. However, there are some exceptions. In New York, it’s sometimes possible to modify an irrevocable trust if all beneficiaries agree and the court approves the changes. We always recommend reviewing your trust periodically, especially after major life events like marriage, divorce, birth of children, or significant changes in your financial situation. Even if you can’t modify an irrevocable trust, you might need to create additional trusts or adjust your overall estate plan.

How much does it cost to set up a trust?

Trust costs vary depending on the complexity of your situation and the type of trust you need. A basic revocable living trust is typically less expensive than a complex irrevocable trust designed for Medicaid planning or tax benefits. The key is to think about cost versus value. Yes, trusts require an upfront investment, but they can save your family thousands of dollars in probate costs, legal fees, and potentially hundreds of thousands in nursing home expenses. When you consider that probate in New York can cost 3-5% of your estate value, a trust often pays for itself. We provide transparent pricing upfront and explain exactly what’s included in our services. We also offer payment plans to make trust planning accessible for families at different income levels. The most expensive mistake is waiting too long to plan – emergency planning is always more costly and provides fewer options.

Do I need a trust if I already have a will?

A will and a trust serve different purposes, and many people benefit from having both. A will only takes effect after you die and must go through probate court. This means your family faces delays, legal fees, and public disclosure of your assets. A trust takes effect immediately and operates outside of probate. Your assets transfer directly to your beneficiaries without court involvement. This provides privacy, speed, and cost savings that a will alone cannot offer. Additionally, a trust can protect you during your lifetime if you become incapacitated. Your chosen trustee can manage your affairs without needing court-appointed guardianship. A will provides no protection during your lifetime – it only addresses what happens after you die. For most Long Island families, a comprehensive estate plan includes both a trust and a will working together.

What happens if I become incapacitated and have a trust?

This is one of the most important but overlooked benefits of having a trust. If you become incapacitated due to illness, injury, or cognitive decline, your chosen successor trustee can immediately step in to manage your affairs. They can pay your bills, manage your investments, and make financial decisions on your behalf. Without a trust, your family would need to go to court to have someone appointed as your guardian. This process is expensive, time-consuming, and public. The court might not choose the person you would have wanted, and they’ll have ongoing reporting requirements to the court. With a trust, the transition is seamless and private. Your successor trustee already knows your wishes and can act immediately. This is especially important for Long Island families where real estate values are high and financial decisions can’t wait for court proceedings. We always recommend naming both primary and backup successor trustees to ensure continuity of care.

Local Resources

Smithtown, NY is located in Suffolk County in New York State

Trust Attorney in Smithtown, NY

Protect Your Legacy Without Court Delays