Fratello Law

Trust Attorney in Upper Brookville, NY

Protect Your Family's Future with Confidence

Get the peace of mind you deserve with a trust attorney who understands Upper Brookville families and their unique estate planning needs.

Living Trust Services Upper Brookville

Your Assets Protected, Your Family Secure

When you work with us, your family gets immediate access to their inheritance without the delays, costs, and public exposure of probate court. Your assets stay private, your wishes are honored exactly as you intended, and your loved ones are spared the stress of navigating complex legal procedures during an already difficult time.

You maintain complete control over when and how your assets are distributed. Want your grandchildren to receive their inheritance when they graduate college? Done. Need to protect a family member with special needs while preserving their government benefits? We handle that too.

Most importantly, if you become incapacitated, your chosen trustee steps in immediately to manage your affairs according to your instructions. No court-appointed guardians, no family disputes, no public proceedings.

Upper Brookville Trust Lawyers

Local Expertise You Can Trust

We have been serving Upper Brookville families for years, understanding the unique challenges that come with significant assets and multi-generational planning in one of Long Island’s most affluent communities.

We know that when your median home value exceeds $1.5 million and your community consistently ranks among America’s wealthiest, generic estate planning doesn’t cut it. You need attorneys who understand the local landscape, from Nassau County’s specific probate procedures to the intricacies of New York estate law.

Our bilingual team provides services in Spanish and Italian, and we’ll meet you wherever it’s convenient—your home, office, or even the hospital. Because when you’re planning for your family’s future, accessibility and personal attention matter.

Trust Creation Process Upper Brookville

Simple Steps to Complete Protection

First, we sit down together to understand your family situation, your assets, and your goals. Every family is different, and cookie-cutter solutions don’t work when you’re dealing with significant wealth and complex family dynamics.

Next, we design your trust structure. This might be a revocable living trust that gives you maximum flexibility, an irrevocable trust for asset protection and tax benefits, or a specialized trust for Medicaid planning or special needs family members. We explain everything in plain English so you understand exactly what you’re getting.

Then we draft your documents and help you fund the trust by transferring your assets into it. Real estate, bank accounts, investments—we guide you through the entire process. Finally, we provide ongoing support to ensure your trust continues to serve your family’s evolving needs over time.

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Trust Types Upper Brookville NY

Comprehensive Trust Solutions for Every Need

Your trust options include revocable living trusts that let you maintain control while avoiding probate, irrevocable trusts that provide asset protection and tax advantages, and specialized trusts for unique situations like Medicaid planning or special needs family members.

In Upper Brookville, where property values and estate sizes often trigger federal estate taxes, we frequently recommend strategies that minimize tax exposure while maximizing what goes to your beneficiaries. Asset protection trusts can shield your wealth from potential creditors, while charitable trusts can provide tax benefits if philanthropy is important to you.

For families with special needs members, we create trusts that preserve government benefits while providing supplemental support. And for those concerned about long-term care costs, our Medicaid asset protection trusts can help you qualify for benefits while preserving assets for your spouse and family.

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

A living trust bypasses probate entirely because the assets are owned by the trust, not by you personally. When you pass away, your successor trustee can immediately distribute assets to your beneficiaries according to your instructions. Without a trust, your assets must go through New York’s probate process, which can take months or even years. Your family has to wait for court approval before accessing anything, and the entire process becomes part of the public record. With a trust, your beneficiaries get immediate access to their inheritance, and everything stays completely private. This is especially important in Upper Brookville, where estate values often exceed the thresholds that trigger more complex probate procedures. The time and cost savings alone make trusts worthwhile for most families in our community.
A revocable trust gives you maximum flexibility—you can change beneficiaries, modify terms, or even dissolve the trust entirely while you’re alive. You typically serve as your own trustee, maintaining complete control over your assets. This type of trust avoids probate and provides incapacity protection, but doesn’t offer asset protection or tax benefits. An irrevocable trust, once created, generally cannot be changed. You give up direct control over the assets, but gain significant benefits: protection from creditors, potential tax advantages, and the ability to qualify for Medicaid while preserving assets for your family. The choice depends on your priorities. If flexibility and control are most important, a revocable trust works well. If asset protection, tax planning, or Medicaid qualification are concerns, an irrevocable trust might be better. Many families use both types for different purposes.
Absolutely. Medicaid asset protection trusts are specifically designed for this situation. By transferring assets into an irrevocable trust, you can potentially qualify for Medicaid benefits while preserving your wealth for your spouse and family. The key is timing—Medicaid has a five-year look-back period, so planning ahead is crucial. The trust allows you to retain income from the assets while removing them from your countable resources for Medicaid purposes. This strategy is particularly valuable in Upper Brookville, where the cost of quality long-term care can easily exceed $150,000 per year. Without proper planning, these costs can quickly deplete even substantial estates. With the right trust structure, you can protect your assets while ensuring you get the care you need.
For a revocable living trust, you typically serve as your own trustee while you’re able, maintaining complete control over your assets. The critical decision is choosing your successor trustee—the person who takes over when you’re no longer able to serve. Your successor trustee should be someone you trust completely, who is financially responsible, and who understands your family dynamics. This might be an adult child, a trusted family member, or a close friend. For complex estates or when family relationships are complicated, a corporate trustee like a bank or trust company might be appropriate. Some families choose co-trustees, combining a family member’s personal knowledge with a professional’s expertise. We help you evaluate your options based on your family situation, the complexity of your assets, and your beneficiaries’ needs. The right choice varies for every family.
Your New York trust remains valid if you move to another state, but you’ll want to review it with a qualified attorney in your new location to ensure it complies with local laws and takes advantage of any beneficial provisions. Some states have more favorable trust laws than others, particularly regarding asset protection, tax treatment, or the duration of trusts. You might benefit from creating a new trust in your new state or modifying your existing trust to take advantage of different laws. The good news is that trusts are generally much more portable than wills. While a will might need significant modifications when you move states, a well-drafted trust typically requires only minor adjustments. We work with attorneys nationwide to ensure smooth transitions when our clients relocate.
Trust costs vary based on complexity, but the investment typically pays for itself through probate savings alone. A simple revocable living trust might cost a few thousand dollars, while complex irrevocable trusts with tax planning features cost more. Consider that New York probate can cost 3-7% of your estate value in legal fees, court costs, and executor commissions. For a $2 million estate—common in Upper Brookville—probate costs could reach $140,000. A trust that costs $5,000-$15,000 to create saves your family far more than its cost. Beyond the financial savings, trusts provide privacy, immediate asset access, and incapacity protection that you can’t put a price on. We provide detailed fee estimates upfront so you know exactly what to expect, and we offer flexible payment arrangements to make proper planning accessible.