Fratello Law

Trust Attorney in Brookville, NY

Protect Your Family's Future Today

Professional trust creation and administration that keeps your assets secure and your wishes honored.

Living Trust Lawyer Brookville

Your Assets Protected, Your Family Secure

When you establish a trust with our guidance, your family avoids the stress and expense of probate court. Your assets transfer directly to your loved ones without court delays or public scrutiny.

You maintain complete control over your assets during your lifetime while ensuring seamless distribution when you’re gone. No more worrying about whether your wishes will be followed or if your family will face unnecessary legal hurdles.

Your trust becomes a shield against creditors, lawsuits, and financial uncertainties. You decide exactly when and how your beneficiaries receive their inheritance, protecting both your legacy and their future.

Brookville Estate Planning Attorney

Long Island Trust Specialists Since 2012

We’ve been serving Brookville families for over a decade, understanding the unique challenges of protecting significant assets in one of America’s wealthiest communities. Our team knows the local landscape – from high property values to complex New York estate laws.

We’ve helped hundreds of Long Island families navigate everything from simple revocable trusts to complex Medicaid planning strategies. Our approach combines legal expertise with genuine compassion, recognizing that estate planning often comes during life’s most sensitive moments.

You’re not just another case file here. We take time to understand your specific situation, your family dynamics, and your long-term goals before recommending any trust strategy.

Trust Creation Process Brookville

Simple Steps to Complete Protection

Your trust journey starts with a comprehensive consultation where we discuss your assets, family situation, and protection goals. We explain different trust options in plain language, helping you understand which approach best serves your needs.

Next, we draft your trust documents with meticulous attention to detail. Every provision is crafted to reflect your specific wishes and comply with New York law. We review everything with you before finalization, ensuring you’re completely comfortable with each decision.

Finally, we guide you through the funding process – transferring your assets into the trust. This crucial step activates your protection strategy. We also provide ongoing support for trust administration, ensuring your plan continues working as intended throughout your lifetime.

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Asset Protection Trust Brookville

Comprehensive Trust Solutions for Every Need

Our trust services cover the full spectrum of asset protection needs. Revocable living trusts offer flexibility and probate avoidance, while irrevocable trusts provide maximum asset protection and tax benefits.

For Brookville residents facing potential long-term care costs, we create Medicaid Asset Protection Trusts that preserve your home and savings while maintaining benefit eligibility. Special needs trusts protect disabled family members without jeopardizing government benefits.

We also handle trust administration for existing trusts, ensuring proper management and distribution according to the trust terms. Our bilingual team provides services in English, Spanish, and Italian, reflecting the diverse Long Island community we serve.

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

A revocable trust allows you to maintain complete control over your assets during your lifetime. You can modify, amend, or revoke the trust at any time, and you continue managing the assets as the trustee. This type of trust helps avoid probate but doesn’t provide asset protection from creditors or reduce estate taxes. An irrevocable trust, once established, cannot be easily changed or revoked. While you give up direct control over the assets, this provides significant benefits including asset protection from creditors, potential estate tax savings, and Medicaid planning advantages. In New York, we can sometimes modify irrevocable trusts with all beneficiaries’ consent. The choice depends on your primary goals – flexibility versus protection. Many clients benefit from a combination of both trust types as part of a comprehensive estate plan.
Trust costs vary based on complexity, but the investment is typically far less than what your family would pay in probate court fees and delays. A basic revocable living trust might cost a few thousand dollars, while complex irrevocable trusts with tax planning features require higher investment. Consider that probate in New York can cost 3-7% of your estate’s value, plus months or years of delays. For a $1 million estate, probate could cost $30,000-$70,000. A properly structured trust eliminates these costs entirely. We provide transparent pricing during your consultation, explaining exactly what’s included in our services. Many clients find the peace of mind and long-term savings make the initial investment worthwhile. We also offer flexible payment arrangements to make trust planning accessible.
Yes, but timing is crucial. A Medicaid Asset Protection Trust (MAPT) can protect your home and savings from nursing home costs, but it must be established at least five years before needing care due to Medicaid’s lookback period. With nursing home costs on Long Island reaching $600,000 for a three-year stay, proper planning becomes essential. The MAPT allows you to remain in your home while protecting it from Medicaid recovery, and you can still receive income from trust assets. However, you cannot be the trustee of your own irrevocable trust, and the assets cannot be returned to you directly. We carefully explain these trade-offs and help you decide if this strategy aligns with your goals and timeline.
Your trust continues operating seamlessly when you become incapacitated, which is one of its greatest advantages over a simple will. If you’re the trustee of a revocable trust, your designated successor trustee automatically steps in to manage the trust assets according to your instructions. This eliminates the need for costly and time-consuming court guardianship proceedings. Your successor trustee can pay your bills, manage investments, and make distributions for your care without court intervention or delays. We help you choose the right successor trustee and provide detailed instructions for trust management during incapacity. This ensures your financial affairs continue running smoothly while you receive the care you need.
Yes, you should have what’s called a “pour-over will” even with a trust. This will catches any assets you might have forgotten to transfer into the trust and directs them to the trust upon your death. It also allows you to name guardians for minor children, which only a will can do. The pour-over will also handles personal items and assets that typically aren’t placed in trusts, such as vehicles or personal effects. It serves as a backup to ensure nothing falls through the cracks in your estate plan. Additionally, the will can address any assets you acquire close to your death that weren’t transferred to the trust in time. This comprehensive approach ensures complete protection for your estate and family.
The trust creation process typically takes 2-4 weeks from our initial consultation to signing the final documents. This timeline allows for thorough planning, careful drafting, and your review of all documents before signing. Complex trusts with multiple beneficiaries, business interests, or tax planning strategies may take longer. We never rush the process because getting the details right is crucial for your trust’s effectiveness. After signing, funding the trust (transferring assets) can take additional time depending on the types of assets involved. Real estate transfers might take a few weeks, while financial accounts can often be transferred more quickly. We guide you through each step to ensure proper completion.