Fratello Law

Estate Planning Attorney in Holbrook, NY

Protect Your Family's Future Today

Comprehensive estate planning that safeguards your assets and ensures your wishes are honored when it matters most.

Comprehensive Estate Planning Services

Peace of Mind for Your Family

Your family deserves security, not uncertainty. When you have a comprehensive estate plan in place, you’re not just protecting assets—you’re protecting the people you love most.

No more sleepless nights wondering what happens if something unexpected occurs. No more worrying about your family facing expensive probate proceedings or losing their home to nursing home costs. With proper planning, your loved ones can focus on grieving and healing instead of navigating complex legal processes.

The right estate plan means your children have designated guardians, your assets avoid unnecessary taxes, and your healthcare wishes are clearly documented. It’s the difference between leaving your family with clarity or chaos.

Holbrook Estate Planning Law Firm

Local Knowledge You Can Trust

We have been serving Long Island families for over a decade, understanding the unique challenges Holbrook residents face. From protecting family homes on tree-lined streets to navigating New York’s complex Medicaid requirements, we know what matters to local families.

We offer bilingual services in Spanish and Italian, reflecting the diverse community we serve. We understand that estate planning isn’t just about legal documents—it’s about preserving family legacies and ensuring the next generation has the foundation they need to thrive.

What sets us apart is our commitment to accessibility. We visit clients at home, in hospitals, and in nursing facilities because we know that major life transitions don’t wait for convenient office hours.

Estate Planning Process Overview

Simple Steps to Protect Everything

First, you’ll have a free consultation to discuss your specific situation and goals. No pressure, no fees—just honest conversation about what you need to protect and how to get there.

Next, we’ll create a customized plan that addresses your unique circumstances. This isn’t cookie-cutter planning. Whether you’re a young family concerned about guardianship, empty nesters focused on asset protection, or someone dealing with special needs planning, every document is tailored to your situation.

Finally, we’ll execute your plan and ensure everything is properly coordinated. Your assets are titled correctly, your beneficiaries are updated, and your family knows exactly what to do when the time comes. We also provide ongoing support to keep your plan current as your life changes.

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Estate Planning Services Available

Complete Protection for Your Legacy

Your estate plan includes comprehensive wills that clearly outline how your assets should be distributed and who should care for your minor children. You’ll also receive powers of attorney for financial decisions and healthcare proxies that ensure your wishes are followed if you become incapacitated.

For Holbrook families, trust planning is often essential. With median home values exceeding $400,000 and many residents owning multiple properties, trusts can help avoid probate, protect privacy, and minimize estate taxes. Special consideration is given to protecting the family home from Medicaid recovery—a crucial concern for Long Island residents facing potential nursing home costs.

We also handle Medicaid planning, understanding that with nursing home costs reaching $600,000 for a three-year stay on Long Island, proper planning can mean the difference between preserving your legacy and losing everything to care costs. We help families navigate the five-year lookback period and structure assets to maintain eligibility while protecting what matters most.

Do I need estate planning if I'm under 50 and don't have significant assets?

Absolutely. Estate planning isn’t just about wealth—it’s about protection and control. If you have minor children, you need to designate guardians who will raise them if something happens to you. Without this, a court makes that decision, and it might not align with your wishes. You also need healthcare directives and financial powers of attorney. If you become incapacitated without these documents, your family may need to petition the court for guardianship, which is expensive, time-consuming, and emotionally draining. Even young, healthy people can face unexpected medical emergencies. Additionally, if you own a home, have retirement accounts, or life insurance, these assets need proper beneficiary designations and coordination. Poor planning can result in your loved ones facing unnecessary probate proceedings, even with modest estates.
New York has a five-year lookback period for Medicaid eligibility, meaning any asset transfers within five years of applying for benefits can disqualify you. However, there are several legitimate strategies to protect your home while maintaining Medicaid eligibility. An irrevocable trust can remove your home from your estate while allowing you to continue living there. This must be done well in advance of needing care. There are also spousal protections that allow a healthy spouse to keep the home, and certain transfers to disabled children or caregiving children may be exempt from penalties. The key is planning ahead. Once you’re facing an immediate need for nursing home care, your options become much more limited. Many Holbrook families are surprised to learn that their $500,000 home could be lost to care costs without proper advance planning.
A will is a document that directs how your assets should be distributed after death, but it must go through probate—a court process that can take months or years and becomes public record. In New York, probate can be particularly lengthy and expensive, especially for real estate. A trust, on the other hand, can avoid probate entirely. Assets placed in a trust pass directly to beneficiaries without court involvement, maintaining privacy and saving time and money. For Holbrook families with real estate, investment accounts, or business interests, trusts often provide significant advantages. Trusts also offer more control. You can specify when beneficiaries receive distributions, protect assets from creditors, and even provide for special needs family members. Many families use both documents together—a will for personal items and naming guardians, and a trust for major assets.
This is one of the most important decisions in estate planning, and it requires careful consideration of several factors. First, consider who shares your values and parenting philosophy. The guardian will be making daily decisions about your children’s education, healthcare, and upbringing. Financial stability matters, but it’s not the only factor. Your life insurance and other assets can provide financial support, but you need someone who can provide emotional stability and genuine care. Geographic location is also important—keeping children in familiar surroundings and schools can help during an already difficult transition. Don’t forget to name alternate guardians in case your first choice can’t serve. Also consider separating financial management from daily care if that makes sense for your family. Most importantly, discuss your decision with your chosen guardians beforehand to ensure they’re willing and able to take on this responsibility.
Major life events typically trigger the need for updates. Marriage, divorce, births, deaths, and significant changes in financial circumstances all warrant review. You should also update your plan if you move to a different state, as laws vary significantly. For Holbrook residents, changes in New York estate tax laws or Medicaid regulations may also require updates. The state estate tax exemption and federal exemptions change periodically, potentially affecting your planning strategies. As a general rule, review your estate plan every three to five years, even if nothing major has changed. Beneficiary designations on retirement accounts and life insurance should be checked annually. Laws change, family circumstances evolve, and what made sense five years ago might not be optimal today.
New York’s intestacy laws will determine how your assets are distributed, and these laws might not match your wishes. If you’re married with children, your spouse receives the first $50,000 plus half of the remainder, with your children splitting the rest. If you’re single with children, everything goes to your children equally. This can create problems. Minor children can’t inherit directly, so the court will appoint a guardian to manage their inheritance until they turn 18—then they receive everything at once. There’s no protection for spendthrift children, no consideration for special needs, and no flexibility for changing circumstances. Without designated guardians, the court decides who raises your children. Without healthcare directives, doctors and family members must guess about your wishes. The probate process becomes more complicated and expensive, and your family faces unnecessary stress during an already difficult time.