Fratello Law

Trust Attorney in Locust Valley, NY

Protect Your Family's Future with Smart Trust Planning

Skip probate, preserve privacy, and secure your legacy with professionally crafted trust attorney services tailored for Locust Valley families.

Living Trust Services Locust Valley

What Life Looks Like After Proper Trust Planning

You wake up knowing your assets are protected from nursing home costs that can reach $600,000 on Long Island. Your family won’t wait months or years for probate to settle your estate.

Your financial affairs remain completely private—no public records, no court involvement, no family disputes aired in legal proceedings. Your children and grandchildren receive their inheritance exactly as you intended, when you intended.

If you become incapacitated, your trusted successor takes over seamlessly. No expensive guardianship proceedings, no court-appointed strangers making decisions about your care or finances.

Locust Valley Trust Lawyer Experience

Local Expertise That Understands Your Community

We’ve served Long Island families for years, understanding the unique needs of Locust Valley’s affluent community. We know the local landscape—from the Gold Coast legacy to today’s multi-generational families preserving substantial wealth.

Our firm provides bilingual services in Spanish and Italian, reflecting the diverse heritage of our community. We make house calls to your home, hospital, or nursing facility because we understand that legal planning often happens during challenging times.

We focus exclusively on elder law, estate planning, and Medicaid planning. This isn’t a side practice—it’s what we do every day for families facing aging, illness, disability, or the loss of a loved one.

Trust Creation Process Locust Valley

Clear Steps to Secure Your Legacy

First, we meet wherever you’re comfortable—your home, our office, or even the hospital. We discuss your assets, family situation, and goals. No legal jargon, just honest conversation about what matters to you.

Next, we design your trust structure. Revocable for flexibility, irrevocable for asset protection, or specialized trusts for unique situations. We explain every decision and why it serves your specific needs.

Then we draft your documents with precision. Every trust is customized—no cookie-cutter approaches. We handle the legal complexities while keeping you informed throughout the process.

Finally, we help you fund your trust properly. This crucial step ensures your assets actually transfer into the trust. We guide you through retitling accounts, deeds, and other assets to complete your protection.

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Asset Protection Trusts Long Island

Complete Trust Solutions for Locust Valley Families

Our trust services include revocable living trusts that avoid probate while maintaining your control during your lifetime. Irrevocable trusts protect assets from nursing home costs and reduce estate taxes for substantial estates.

We create special needs trusts for disabled family members, ensuring they receive care without losing government benefits. Asset protection trusts shield wealth from creditors and potential lawsuits.

For Locust Valley’s affluent families, we understand the complexity of managing multiple properties, investment accounts, and business interests. Our trusts accommodate second homes, art collections, and other valuable assets common in your community.

We also handle trust administration after you’re gone, ensuring your successor trustee understands their duties and your beneficiaries receive proper care. This ongoing support gives families peace of mind during difficult transitions.

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

A revocable trust gives you complete control during your lifetime—you can change beneficiaries, add or remove assets, or dissolve the trust entirely. It avoids probate and provides privacy, but doesn’t protect assets from nursing home costs or reduce estate taxes. An irrevocable trust requires you to give up control, but provides powerful asset protection. Assets in an irrevocable trust are generally protected from nursing home costs after the five-year lookback period. For Locust Valley families with substantial wealth, irrevocable trusts can also reduce estate taxes. The choice depends on your priorities. If flexibility matters most, start with a revocable trust. If asset protection from long-term care costs is your primary concern, an irrevocable trust makes more sense. Many families use both types for different purposes.
When you transfer assets into a properly structured irrevocable trust, those assets are no longer considered “available” for Medicaid eligibility purposes. This means they can’t be counted when determining if you qualify for Medicaid coverage of nursing home costs. However, there’s a five-year lookback period. If you transfer assets and need nursing home care within five years, Medicaid will impose a penalty period where you’re ineligible for benefits. That’s why planning ahead is crucial—especially given that nursing home costs on Long Island can reach $600,000 for a typical three-year stay. The trust must be properly drafted and funded to work effectively. You’ll need to give up direct control over the assets, though you can often retain income from the trust and have some input on distributions to beneficiaries.
Yes, a properly funded trust completely avoids probate for the assets it holds. This means your family won’t wait months or years for court proceedings to settle your estate. They also won’t face the public exposure that comes with probate—your financial affairs remain completely private. The key is proper funding. Simply creating a trust isn’t enough—you must actually transfer ownership of your assets into the trust. This includes retitling bank accounts, investment accounts, and real estate. Many people create trusts but forget this crucial step, which defeats the purpose. For Locust Valley families with multiple properties and complex assets, avoiding probate is especially valuable. Your successor trustee can distribute assets immediately according to your instructions, without court involvement or public scrutiny.
Your successor trustee steps in seamlessly to manage the trust according to your written instructions. There’s no need for expensive guardianship proceedings or court-appointed strangers making decisions about your care and finances. You choose your successor trustee—often a trusted family member or professional fiduciary. They’re bound by law to follow your specific instructions about how assets should be used for your care and support. This gives you control over your future care while ensuring someone you trust handles your affairs. This is especially important for Locust Valley families who value privacy and family control. Instead of public guardianship proceedings, your incapacity is handled privately within your family according to your predetermined wishes.
Trust costs vary based on complexity, but the investment is typically far less than the problems trusts solve. A basic revocable trust might cost a few thousand dollars, while complex irrevocable trusts for asset protection require more investment. Consider the alternatives: probate costs typically run 3-5% of your estate value, plus months or years of delays. Nursing home costs can consume $600,000 over three years. Estate taxes can claim up to 40% of substantial estates. A well-designed trust often pays for itself many times over. We provide transparent pricing upfront, so you know exactly what to expect. Many families find that proper trust planning is one of the most valuable investments they make for their family’s future security and peace of mind.
Joint ownership helps when the first spouse dies, but it creates problems when the surviving spouse needs care or becomes incapacitated. All jointly-owned assets become fully available for nursing home costs, with no protection. A trust protects both spouses. When properly structured, it can provide income to both spouses during their lifetimes while protecting assets from nursing home costs. It also ensures smooth management if either spouse becomes incapacitated. For Locust Valley couples with substantial assets, trusts also provide estate tax benefits that joint ownership can’t match. The trust can be designed to use both spouses’ estate tax exemptions, potentially saving hundreds of thousands in taxes for your children and grandchildren. 1.