Fratello Law

Trust Attorney in Brentwood, NY

Protect Your Family's Future Today

Smart trust planning that keeps your assets safe and your family secure, without the probate headaches.

Living Trust Lawyer Brentwood

Skip Probate, Save Time, Keep Privacy

Your family won’t wait months or years for probate court to release your assets. With a properly structured trust, they get immediate access to what you’ve left them—no court delays, no public records, no unnecessary legal fees eating away at their inheritance.

You maintain complete control during your lifetime while ensuring everything transfers smoothly when the time comes. Your personal affairs stay private, your wishes get followed exactly, and your loved ones avoid the stress of navigating complex legal proceedings during an already difficult time.

The right trust structure also protects your assets from potential long-term care costs while preserving your income stream. You’re not just planning for death—you’re planning for life.

Brentwood Trust Planning Attorney

Local Knowledge, Personalized Service

We understand Brentwood’s unique community needs. With 64% of residents being Hispanic or Latino and many families navigating multi-generational planning, we provide bilingual services in Spanish and Italian to ensure clear communication throughout the process.

We’ve been serving Long Island families through major life transitions—aging, illness, disability, and loss of loved ones. Our approach centers on patience, respect, and genuine understanding of what families face during these sensitive times.

From our Long Island base, we offer home, hospital, and nursing home visits because we know that flexibility matters when you’re dealing with health challenges or family logistics. This isn’t about rushing you through paperwork—it’s about creating a plan that actually works for your specific situation.

Trust Creation Process Brentwood

Simple Process, Lasting Protection

Your trust planning starts with a thorough conversation about your goals, your family dynamics, and your concerns. We’ll assess your assets, discuss your wishes for distribution, and identify potential issues before they become problems.

Next comes the legal drafting—creating documents that reflect your exact intentions while meeting all legal requirements. This isn’t template work. Every trust gets crafted specifically for your situation, whether that’s protecting a special needs family member, planning for potential Medicaid eligibility, or ensuring your business interests transfer smoothly.

The final step involves funding your trust properly and coordinating with your other estate planning documents. We’ll guide you through transferring assets and make sure everything works together seamlessly. You’ll also receive ongoing support for any changes or questions that arise over time.

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Asset Protection Trust Services

Complete Trust Solutions for Every Need

We handle the full spectrum of trust planning—from simple revocable living trusts that avoid probate to sophisticated irrevocable trusts that protect assets from long-term care costs. We create special needs trusts that preserve government benefits, asset protection trusts that shield wealth from creditors, and charitable trusts that support causes you care about.

For Brentwood families, this often means addressing specific local concerns: protecting the family home from Medicaid recovery, ensuring elderly parents can age in place with dignity, and creating plans that work across different cultural expectations within the same family.

Our trust administration services continue long after the documents are signed. When you become a trustee for a family member, when circumstances change, or when it’s time to distribute assets, we provide the legal guidance you need to handle everything properly and avoid costly mistakes.

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

A revocable trust gives you complete control during your lifetime—you can change it, cancel it, or take assets out anytime you want. It’s perfect for avoiding probate and managing your affairs if you become incapacitated, but it doesn’t protect assets from creditors or long-term care costs. An irrevocable trust requires you to give up some control, but it offers powerful benefits in return. Assets in an irrevocable trust are generally protected from creditors and can help you qualify for Medicaid while preserving wealth for your family. In New York, these trusts are particularly valuable for Medicaid planning since they can protect your home and other assets from nursing home costs. The choice depends on your priorities—maximum flexibility versus maximum protection. Many families use both types of trusts to accomplish different goals within their overall estate plan.
Trust costs vary based on complexity, but most families find the investment pays for itself through probate savings and tax benefits. A basic revocable living trust typically costs less than what your family would pay in probate fees and court costs. More sophisticated trusts—like those designed for Medicaid planning or asset protection—require additional legal work but can save tens of thousands in long-term care costs. The key is understanding what you’re actually getting for your investment: professional legal drafting, proper funding guidance, and ongoing support. During your consultation, you’ll receive a clear fee estimate based on your specific needs. Many attorneys offer payment plans to make quality trust planning accessible to working families. Remember, the cost of not having proper planning is usually far higher than the cost of doing it right.
Yes, but only if your trust is properly funded and coordinated with your other estate planning documents. Simply creating a trust document isn’t enough—you must actually transfer your assets into the trust for it to work. This means changing titles on real estate, updating beneficiary designations on retirement accounts and life insurance, and transferring bank accounts and investments. Your attorney should guide you through this process and help you avoid common mistakes that can undermine your probate avoidance goals. You’ll also need a “pour-over will” to catch any assets that weren’t transferred to the trust. While these assets might still go through probate, the process is typically much simpler and faster than probating an entire estate. The goal is to minimize probate assets, not necessarily eliminate every possibility.
A properly drafted trust includes detailed instructions for managing your affairs if you can’t do so yourself. Your chosen successor trustee steps in to handle financial matters according to your written directions, without needing court approval or guardianship proceedings. This is especially important for Long Island families where the cost of guardianship proceedings can quickly drain assets. Your trust can specify exactly how you want your care managed, who should make decisions, and how expenses should be paid. It can even include instructions for selling your home if needed to fund long-term care. The key is choosing the right successor trustee—someone who understands your values, can handle financial responsibilities, and will advocate for your interests. Many families choose a combination of family members and professional trustees to balance personal knowledge with financial guidance.
Irrevocable trusts can protect assets from Medicaid’s “look-back” period while preserving income for your daily needs. In New York, Medicaid looks back five years for asset transfers, but properly structured trusts can shield your home and other assets from nursing home costs if planned in advance. The most common approach is an irrevocable income-only trust that allows you to receive all income generated by trust assets while protecting the principal. This means you can stay in your home, collect rental income, and maintain your standard of living while becoming eligible for Medicaid coverage of long-term care costs. Timing is crucial—these trusts must be established before you need care, and there are strict rules about how they’re structured. Working with an attorney who understands New York’s Medicaid rules is essential to avoid costly mistakes that could disqualify you from benefits.
Most families should include their primary residence, investment accounts, bank accounts, and any business interests in their trust. Real estate is particularly important because it’s the most likely asset to go through probate and often represents the largest portion of your estate. However, some assets are better left outside the trust. Retirement accounts like 401(k)s and IRAs should generally keep their current beneficiary designations rather than naming the trust as beneficiary. Life insurance policies can be owned by the trust or have the trust as beneficiary, depending on your tax planning goals. The specific assets to include depend on your family situation, tax considerations, and state laws. Your attorney will review your complete financial picture and recommend the best approach for your circumstances. The goal is maximizing benefits while avoiding unintended consequences that could complicate your plan.