Fratello Law

Trust Attorney in Elmont, NY

Protect Your Family's Future Today

Clear guidance through trust creation that actually protects what matters most to you.

Living Trust Services Elmont

Skip Probate, Keep Your Privacy

Your family won’t spend months in court or thousands in legal fees when you’re gone. A properly structured trust means your assets transfer directly to your beneficiaries without probate delays or public records.

You keep control during your lifetime while ensuring smooth transitions later. No court supervision, no public scrutiny, no unnecessary complications for the people you care about most.

Your trust works exactly as you intended because it’s designed around your specific situation and Long Island’s unique legal landscape.

Elmont Trust Lawyer Experience

Local Knowledge, Personal Service

We’ve served Long Island families since 2012, helping them navigate the complexities of trust planning and asset protection. We understand the specific challenges Elmont residents face – from high property values to Medicaid planning concerns.

Our team provides bilingual services and offers consultations at your convenience, whether in our office, your home, or even hospital and nursing home visits. We’ve built lasting relationships with families across generations because we take time to understand your unique needs.

You’re not just another case file. You’re a neighbor who deserves clear answers and practical solutions that actually work for your situation.

Trust Creation Process Elmont

Simple Steps, Lasting Protection

First, we meet to understand your goals, assets, and family situation. No legal jargon – just honest conversation about what you want to accomplish and what concerns you have about the future.

Next, we design your trust structure based on your specific needs. Whether it’s a revocable living trust for probate avoidance or an irrevocable trust for asset protection, we explain exactly how it works and why it’s right for you.

Finally, we handle the proper funding and documentation to ensure your trust actually works when needed. Many trusts fail because they’re not properly funded – we make sure yours isn’t one of them.

Ready to get started?

Explore More Services

About Fratello Law

Get a Free Consultation

Trust Types Elmont NY

Every Trust Serves a Purpose

Revocable living trusts give you flexibility and probate avoidance while maintaining control during your lifetime. Perfect for Long Island homeowners who want to protect their property from probate delays and costs.

Irrevocable trusts provide stronger asset protection and can help with Medicaid planning – crucial given Long Island’s nursing home costs that can reach $600,000 for a typical three-year stay. These trusts require giving up some control but offer significant protection benefits.

Special needs trusts protect disabled beneficiaries while preserving their eligibility for government benefits. Asset protection trusts shield wealth from creditors and lawsuits – important for professionals and business owners in our area.

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

A revocable trust lets you maintain complete control and make changes whenever you want during your lifetime. You can add or remove assets, change beneficiaries, or even dissolve the trust entirely. The main benefits are probate avoidance and privacy, but the assets are still considered yours for tax and creditor purposes. An irrevocable trust means you give up control once it’s created, but you gain much stronger asset protection. The assets are no longer legally yours, so they’re protected from creditors, lawsuits, and can help with Medicaid planning. You can’t easily change an irrevocable trust, so it requires more careful planning upfront. Most people start with revocable trusts for basic estate planning, then add irrevocable trusts later for specific protection needs.
When you die, any assets in your individual name must go through probate court before your beneficiaries can access them. This process typically takes 8-12 months in New York and costs thousands in legal fees and court costs. Assets properly placed in a trust bypass probate entirely because they’re technically owned by the trust, not you personally. When you die, the successor trustee you’ve chosen simply follows your written instructions to distribute the assets – no court involvement required. Your beneficiaries can access their inheritance within weeks instead of months, and the entire process remains private instead of becoming public record. The key is making sure your trust is properly funded with your assets during your lifetime.
With a revocable living trust, you maintain complete control during your lifetime. You can buy, sell, mortgage, or gift assets just like before. You can also change beneficiaries, modify distribution terms, or even dissolve the trust if your circumstances change. You typically serve as your own trustee initially, so you’re literally managing your own assets. The trust only takes effect for management purposes if you become incapacitated or die, at which point your chosen successor trustee steps in. With irrevocable trusts, you do give up direct control, but we can structure them with certain retained powers or benefits depending on your goals. The trade-off is stronger asset protection and potential tax benefits.
This is where trusts really shine compared to wills. If you become unable to manage your affairs due to illness or injury, your chosen successor trustee can immediately step in to handle your financial matters according to your written instructions. There’s no need for family members to go to court to get guardianship or conservatorship powers – a process that can take months and cost thousands. Your successor trustee already has the legal authority to pay your bills, manage investments, and handle other financial decisions. Your trust document can include specific instructions about your care preferences and how you want your assets managed during incapacity. This provides continuity and peace of mind for both you and your family during difficult times.
Trust costs vary based on complexity, but the investment is typically much less than what your family would spend on probate proceedings later. Simple revocable living trusts generally cost less than complex irrevocable trusts designed for tax planning or asset protection. We provide transparent pricing upfront after understanding your specific situation. Many clients find the cost is offset by probate savings, reduced legal fees for their families, and potential tax benefits depending on the trust structure. Remember that a properly designed trust can save your family thousands in probate costs, court fees, and legal expenses. It’s an investment in your family’s future financial security and peace of mind.
Wills and trusts serve different purposes and often work together in a comprehensive estate plan. A will only takes effect after you die and must go through probate court. It can’t help if you become incapacitated during your lifetime. A trust provides benefits both during your lifetime and after death. It can manage your assets if you become incapacitated and transfer them to beneficiaries without probate when you die. Many people have both a trust for major assets and a “pour-over” will to catch any assets not in the trust. If your main goals are avoiding probate, maintaining privacy, and ensuring smooth asset management during incapacity, a trust is usually more effective than a will alone. We can help you determine the best combination for your specific situation.