Fratello Law

Trust Attorney in Mill Neck, NY

Your Family's Wealth Deserves Better Than Probate

When you’ve built substantial assets in one of Long Island’s most exclusive communities, leaving your family’s future to chance isn’t an option.

Living Trust Creation Mill Neck

Skip Probate, Protect Privacy, Save Thousands

Your family won’t spend 12-18 months in probate court watching legal fees consume your estate. They won’t deal with public records exposing your private financial affairs to neighbors and strangers.

With proper trust planning, your assets transfer immediately to your loved ones. No court delays. No public scrutiny. No unnecessary costs eating into the wealth you’ve spent decades building.

The difference between families who plan ahead and those who don’t is measured in tens of thousands of dollars and months of unnecessary stress. Your trust becomes the clear roadmap that guides your family through life’s most difficult transitions with confidence and dignity.

Mill Neck Trust Lawyers

Long Island Knowledge That Actually Matters

We understand the unique challenges facing Mill Neck families—from protecting multi-million dollar real estate holdings to navigating complex family dynamics across generations.

We provide bilingual services in Spanish and Italian, reflecting the diverse community we serve. When major life transitions happen, we come to you—whether that’s your home, hospital, or care facility.

This isn’t about pushing expensive solutions. It’s about creating plans that actually work for your family’s specific situation, protecting what matters most while maintaining the flexibility you need.

Trust Administration Process Mill Neck

Exactly How We Protect Your Assets

We start by understanding your complete financial picture—your assets, family structure, and concerns about the future. No legal jargon, just clear questions about what matters most to you.

Next, we design your trust structure. Whether you need a revocable living trust for probate avoidance or an irrevocable trust for asset protection and Medicaid planning, we explain exactly how each option works and what it means for your family.

Then we handle the documentation and funding process. Your assets get properly transferred into the trust, and we ensure everything is set up correctly from day one. Finally, we provide ongoing trust administration support, ensuring your plan continues working as your life changes.

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Asset Protection Trusts Mill Neck

Complete Trust Services for High-Net-Worth Families

Our comprehensive trust services include revocable living trusts, irrevocable trusts, asset protection trusts, trusts designed for individuals with unique care needs, and ongoing trust administration. We handle everything from initial planning through long-term wealth management.

For Mill Neck families with median home values exceeding $2 million, proper trust planning isn’t optional—it’s essential for preserving generational wealth. We help protect high-value real estate from probate while ensuring Medicaid eligibility for potential long-term care needs.

We also provide incapacity planning, creating structures that allow trusted family members to manage affairs without court intervention. This is particularly important for our aging population who want to maintain dignity and control while ensuring their needs are met during life’s transitions.

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

A revocable trust lets you maintain complete control over your assets while you’re alive. You can change beneficiaries, add or remove assets, or cancel the trust entirely. This flexibility makes it practical for avoiding probate and managing incapacity, but it won’t protect your assets from creditors or lawsuits. An irrevocable trust requires you to give up control of the assets you place in it. Once established, you generally can’t change the terms or reclaim the assets. However, this loss of control is exactly what provides protection from creditors, lawsuits, and can help with Medicaid planning for long-term care. The choice depends on your priorities. If you want flexibility and probate avoidance, a revocable trust works well. If you need asset protection or Medicaid planning, an irrevocable trust is usually necessary.
When you die with only a will, your assets must go through Nassau County probate court before they can be distributed to your heirs. This process typically takes 6-18 months and costs thousands of dollars in legal fees and court costs. A properly funded living trust bypasses probate entirely because the trust—not you—owns the assets. When you die, your successor trustee can immediately distribute assets according to your instructions without any court involvement. The key is proper funding. Simply creating a trust document isn’t enough—you must actually transfer your assets into the trust’s name. This includes real estate deeds, bank accounts, investment accounts, and other valuable property. We handle this entire funding process to ensure your trust actually works when your family needs it most.
An irrevocable asset protection trust can help protect your home and other assets from nursing home costs, but timing is crucial. Medicaid has a five-year “look-back” period, meaning any assets you transfer to an irrevocable trust must be transferred at least five years before you apply for Medicaid benefits. If you transfer assets within this five-year window, Medicaid may impose a penalty period during which you’re ineligible for benefits. However, if you plan ahead and transfer assets more than five years before needing care, those assets are generally protected from Medicaid recovery. This strategy isn’t right for everyone because you lose direct control over the assets once they’re in an irrevocable trust. We help Mill Neck families weigh the benefits of asset protection against the loss of control to determine if this planning makes sense for their specific situation.
If you become incapacitated and have a revocable living trust, your successor trustee can immediately step in to manage your affairs without any court involvement. This person can pay your bills, manage your investments, and handle your financial responsibilities according to the detailed instructions you’ve provided in the trust. Without a trust, your family would need to petition Nassau County court for guardianship, which is expensive, time-consuming, and public. The court process can take months while your bills go unpaid and your affairs remain in limbo. Your trust should include comprehensive instructions about how you want your affairs managed during incapacity, including provisions for your care, living arrangements, and financial management. We work with families to create detailed incapacity planning that protects both the person and their assets.
Trust costs vary depending on the complexity of your situation, but many Mill Neck families find the investment pays for itself in probate savings and peace of mind. A basic revocable living trust typically costs less than what your family would spend on probate proceedings for a substantial estate. More complex trusts, such as irrevocable trusts for asset protection or tax planning, require additional legal work and ongoing administration costs. However, these trusts can save families tens of thousands of dollars in taxes and long-term care costs. We provide transparent pricing upfront so you know exactly what to expect. More importantly, we help you understand the long-term financial impact of different planning strategies so you can make informed decisions about protecting your family’s future wealth.
Yes, you still need a will even with a living trust. This is called a “pour-over will” and it serves as a safety net for any assets you might have forgotten to transfer into your trust before your death. The pour-over will also allows you to name guardians for minor children, which a trust cannot do. Additionally, it provides instructions for your final arrangements and can address personal property that might not be appropriate for trust ownership. While the goal is to have all major assets in your trust to avoid probate, the pour-over will ensures that any overlooked assets still end up where you want them to go. It’s a simple but important backup plan that works together with your trust to provide complete estate planning protection.