Trust Attorney in Franklin Square, NY

Protect Your Assets Without Probate Delays

Your family deserves certainty, not court battles over your estate when you’re gone.

Living Trust Lawyer Franklin Square

Skip Probate, Keep Control, Protect Privacy

When you set up a living trust, your family gets immediate access to what you’ve built for them. No waiting months for Nassau County Surrogate’s Court approval. No public records showing what you owned or who gets what.

Your assets transfer directly to the people you choose, exactly when and how you want. If you become unable to manage your affairs, the person you’ve selected steps in immediately—no court-appointed stranger making decisions about your life.

This isn’t just about avoiding paperwork. It’s about giving your family the freedom to grieve without fighting through legal hurdles when they need support most.

Franklin Square Trust Creation Attorney

Local Expertise, Bilingual Service, Personal Care

We understand what Long Island families face. High Nassau County property values, complex New York estate laws, and the reality that many of us will need long-term care at some point.

We’ve spent years helping Franklin Square residents protect what they’ve worked for. Whether you’re planning for aging parents, managing a family business, or ensuring your children are provided for, we know the local challenges and solutions that work in our community.

We offer services in Spanish and Italian, and we’ll come to your home, hospital, or nursing facility when travel is difficult. Because good planning shouldn’t wait for convenient timing.

Trust Administration Process Franklin Square

Straightforward Planning, Clear Next Steps

First, you’ll discuss your situation and goals during a consultation. What assets do you want to protect? Who should receive them? What happens if you become incapacitated? These conversations happen at your pace, in your preferred language, whether at our office or your location.

Next, the appropriate trust documents are prepared based on your specific needs. This might be a revocable living trust for flexibility, an irrevocable trust for asset protection, or a special needs trust for a family member with disabilities. Each document is tailored to New York law and your family’s circumstances.

Finally, your assets are properly transferred into the trust and you receive ongoing guidance on management. You maintain control during your lifetime while ensuring smooth transitions when needed. We provide continuing support as your life changes.

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Asset Protection Trusts Franklin Square

Complete Trust Services for Nassau County

We handle all types of trust planning for Franklin Square families. Revocable living trusts that avoid probate while keeping you in control. Irrevocable trusts that protect assets from creditors and help qualify for Medicaid. Special needs trusts that preserve government benefits while providing for disabled family members.

Long Island’s high property values make asset protection particularly important here. A properly structured trust can shield your home and investments from potential lawsuits while ensuring your family’s financial security. With median home values in Franklin Square exceeding $500,000, proper estate planning becomes essential.

We also manage ongoing trust administration, helping trustees understand their responsibilities and ensuring compliance with New York law. This includes everything from tax filings to beneficiary distributions, plus coordination with local banks and financial institutions familiar with Nassau County requirements.

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

A revocable trust lets you maintain complete control during your lifetime. You can change beneficiaries, add or remove assets, or dissolve the trust entirely. When you die, assets transfer to your beneficiaries without probate, but the trust assets are still considered part of your estate for tax purposes. An irrevocable trust removes assets from your ownership permanently. Once established, you generally cannot change the terms or reclaim the assets. However, this provides stronger asset protection and can help you qualify for Medicaid by reducing your countable assets. The choice depends on your priorities. If flexibility is most important, a revocable trust works well. If asset protection or Medicaid planning is the goal, an irrevocable trust is usually necessary.

How does a trust help me avoid probate in New York?

When you die owning assets in your name alone, those assets must go through probate court before your heirs can access them. In Nassau County, this process typically takes 8-18 months and costs thousands in legal fees and court costs. Assets held in a trust bypass probate entirely because they’re not owned by you personally—they’re owned by the trust. Your successor trustee can immediately distribute assets to beneficiaries according to your instructions, without court involvement. This means your family gets faster access to inheritance, lower costs, and complete privacy. Probate records are public in Nassau County Surrogate’s Court, but trust distributions remain confidential between you and your beneficiaries.

Can I still qualify for Medicaid if I have a trust?

It depends on the type of trust and how long it’s been in place. Assets in a revocable trust are still considered yours for Medicaid purposes, so they count toward the asset limit for qualification. However, assets properly placed in an irrevocable trust may not count toward Medicaid eligibility, provided the trust is established at least five years before applying for benefits. This is called the “look-back period” under New York Medicaid rules. The trust must be carefully structured to comply with Medicaid requirements. For example, you typically cannot retain the right to receive principal from the trust, though you might be able to receive income. Working with an experienced elder law attorney is essential to ensure the trust achieves your Medicaid planning goals.

What happens to my trust if I become incapacitated?

This is one of the major advantages of having a trust. When you establish the trust, you name a successor trustee who takes over management if you become unable to handle your affairs. This transition happens immediately without court involvement. Your successor trustee follows the instructions you’ve provided in the trust document. They can pay your bills, manage investments, and make distributions for your care and support. This avoids the need for a costly and time-consuming guardianship proceeding in Nassau County. Without a trust, your family would need to petition the court to appoint a guardian to manage your affairs. This process can take months and costs thousands in legal fees, all while your assets remain frozen and your family cannot access funds needed for your care.

How much does it cost to set up a trust in Franklin Square?

Trust costs vary based on complexity, but the investment typically pays for itself by avoiding probate expenses. A simple revocable trust might cost a few thousand dollars, while complex irrevocable trusts with tax planning features cost more. Consider that probate in Nassau County often costs 3-7% of the estate value in legal fees, court costs, and executor commissions. For a typical Franklin Square estate worth $500,000, probate could cost $15,000-$35,000. The trust that prevents this expense usually costs far less. More importantly, the peace of mind and protection a trust provides is invaluable. You’re not just avoiding costs—you’re ensuring your family has immediate access to resources when they need them most, without the stress of court proceedings during an already difficult time.

Do I need a trust if I'm not wealthy?

Trusts aren’t just for the wealthy—they’re for anyone who wants to protect what they’ve worked for and make things easier for their family. If you own a home in Franklin Square or have retirement accounts, life insurance, or other assets, a trust can provide significant benefits. Even modest estates face probate costs and delays. A trust ensures your family gets immediate access to funds for funeral expenses, mortgage payments, and daily living costs. It also protects your privacy and gives you control over how and when your assets are distributed. Special circumstances often make trusts essential regardless of wealth. If you have minor children, a disabled family member, or concerns about a beneficiary’s ability to manage money, a trust provides structure and protection that a simple will cannot match.

Local Resources

Franklin Square, NY is located in Nassau County in New York State

Trust Attorney in Franklin Square, NY

Protect Your Assets Without Probate Delays