COMPREHENSIVE ESTATE PLANNING SERVICES

At Fratello Law, we don’t believe in one-size-fits-all solutions. Every family is unique, and your estate plan should reflect your specific circumstances, values, and goals.

Essential Estate Planning Documents

Wills (Last Will and Testament)

Your will specifies how your assets will be distributed, names guardians for minor children, designates an executor to manage your estate, and expresses your final wishes. Without a will, New York’s intestacy laws determine who inherits your property—which rarely aligns with what people actually want.

What happens without a will: Your spouse receives the first $50,000 plus half the remainder, with your children splitting the rest. If you have no spouse or children, assets go to parents, then siblings, then other relatives. The court appoints an administrator who may not be who you would have chosen.

Learn more about creating your will →

Revocable Living Trusts

A revocable living trust allows you to maintain control of your assets during your lifetime while avoiding probate when you pass away. Assets in the trust transfer directly to beneficiaries without court involvement, saving time and money.

Benefits of trusts:

• Avoid probate — No court proceedings, faster distribution to heirs
• Privacy — Unlike wills, trusts don’t become public record
• Incapacity protection — Your successor trustee manages assets if you can’t
• Flexibility — You can modify or revoke the trust at any time
• Potential tax benefits — Depending on your situation

According to WealthCounsel, trusts are one of the most effective tools for avoiding the time and expense of probate court.

Irrevocable Trusts

Irrevocable trusts remove assets from your estate, providing asset protection and potential tax benefits. Once established, these trusts cannot be easily modified, but they offer powerful protection from creditors, lawsuits, and nursing home costs.

Common types we create:

• Medicaid Asset Protection Trusts
• Special Needs Trusts
• Life Insurance Trusts
• Charitable Remainder Trusts

Explore our elder law and Medicaid planning services →

Power of Attorney (POA)

This document designates someone to manage your financial affairs if you become incapacitated. Without a financial POA, your family would need to petition the court for guardianship—a lengthy, expensive process. New York offers different types of powers of attorney under EPTL Article 5, Title 15, but the most common is the NYS Durable Power of Attorney.

Your agent can:

• Pay bills and manage bank accounts
• File taxes
• Manage investments and retirement accounts
• Buy, sell, or manage real estate
• Handle insurance claims
• Make business decisions on your behalf

Healthcare Power of Attorney (Health Care Proxy)

This designates someone to make medical decisions if you’re unable to communicate your wishes. Your healthcare agent works with doctors to make treatment decisions based on your values and preferences. New York’s Public Health Law § 2980 governs healthcare proxies.

Living Will (Healthcare Directive)

Your living will specifies your wishes regarding end-of-life medical care, including whether you want life-sustaining treatment in terminal situations. This relieves your family of making these difficult decisions during emotional times.

HIPAA Authorization

This allows designated individuals to access your medical information and speak with healthcare providers, which is essential for coordinated care.