Fratello Law

Trust Attorney in Commack, NY

Protect Your Family's Legacy Today

Secure your assets and avoid probate with personalized trust planning designed for Long Island families.

Living Trust Services Commack, NY

Your Family Gets Real Protection

When you set up the right trust, your family avoids the mess of probate court. No year-long delays. No public records exposing your private affairs. No unnecessary legal fees eating into what you’re leaving behind.

Your assets transfer directly to who you choose, when you choose, exactly how you planned. If you become unable to manage your affairs, your trusted person steps in immediately—no court involvement, no family fighting over who’s in charge.

For Long Island families with homes worth $600,000 or more, this isn’t just convenience. It’s protection from a system that can cost your family thousands in unnecessary expenses and months of frustration when they’re already dealing with loss.

Commack, NY Estate Planning Attorneys

We Know Long Island Families

We understand what matters to Commack families. We’ve helped countless Long Island residents protect their homes, their savings, and their family’s future through careful trust planning.

We know the local landscape—from Suffolk County probate procedures to regional Medicaid considerations that affect your planning decisions. Our bilingual team serves families in Spanish and Italian, and we come to you with home, hospital, and nursing home visits.

This isn’t about selling you documents. It’s about understanding your specific situation and creating a plan that actually works for your family’s needs and goals.

Trust Creation Process Commack, NY

Simple Steps, Serious Protection

First, we sit down and talk about your family, your assets, and what you want to happen. No legal jargon—just a clear conversation about your goals and concerns.

Then we design your trust structure. Living trust, irrevocable trust, asset protection trust—we choose what fits your situation. We handle all the legal drafting and make sure everything meets New York requirements.

Finally, we help you fund the trust by transferring your assets properly. Your house, accounts, investments—everything gets titled correctly so your plan actually works when your family needs it. We stay available for questions and updates as your life changes.

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Asset Protection Planning Commack, NY

More Than Just Documents

Your trust planning includes everything needed to protect your family’s interests. We create revocable living trusts that avoid probate, irrevocable trusts that protect against nursing home costs, and special needs trusts that preserve government benefits.

For Commack families, this often means protecting your home—likely your largest asset. With median home values around $647,000 in our area, proper planning can save your family tens of thousands in probate costs and estate taxes.

We also handle the ongoing pieces: powers of attorney for financial decisions, health care proxies for medical choices, and detailed instructions for your trustee. Everything works together so your family has clear guidance and legal authority when they need it most.

What's the difference between a will and a trust for my Commack property?

A will requires probate court supervision, which means your family waits months for permission to access your assets while paying court costs and attorney fees. Your will also becomes public record—anyone can look up what you owned and who got what. A properly funded trust avoids probate entirely. Your trustee can distribute assets immediately according to your instructions, without court involvement. Everything stays private, and your family saves the time, expense, and stress of probate proceedings. For Long Island homeowners, this difference is significant. Probate on a $600,000 home can cost thousands in legal fees and take over a year to complete.
An irrevocable trust can protect your assets from Medicaid’s spend-down requirements, but timing is crucial. You must transfer assets to the trust at least five years before needing Medicaid coverage for long-term care. Once that five-year period passes, the assets in your irrevocable trust don’t count toward Medicaid’s asset limits. This means you can qualify for Medicaid coverage while preserving your home and savings for your family. Without proper planning, Long Island nursing home costs averaging $200,000 per year can quickly exhaust a lifetime of savings. The trust creates a legal barrier between your assets and these costs.
With a revocable living trust, you maintain complete control. You can modify beneficiaries, change distribution terms, add or remove assets, or even dissolve the trust entirely. You’re the trustee during your lifetime, so you manage everything as you always have. Irrevocable trusts are different—changes are limited once established. However, New York law does allow certain modifications with proper legal procedures and family consent. This is why careful planning upfront is essential. Any trust changes should be handled by an attorney to avoid unintended consequences. DIY amendments often create problems that surface later when your family needs the trust to work properly.
Your New York trust remains valid if you relocate, but different states have varying trust laws that could affect administration and taxation. Some states don’t recognize certain trust provisions, while others may impose different tax obligations. Before moving, we review your trust documents and recommend any necessary updates to ensure continued effectiveness in your new state. This might involve creating new powers of attorney that comply with local requirements or adjusting trustee provisions. The key is addressing these issues before you move, not after. Proper planning ensures your trust continues protecting your family regardless of where you live.
Trust planning typically costs several thousand dollars upfront, depending on your situation’s complexity. This includes drafting documents, legal consultations, and properly funding the trust with your assets. Compare this to probate costs, which often run 3-7% of your estate’s value. On a $500,000 estate, that’s $15,000-$35,000 in court costs, attorney fees, and executor expenses. Plus your family waits months or years for resolution. The trust investment pays for itself by avoiding these probate costs while providing immediate benefits like incapacity protection and privacy. For most Long Island families, it’s significantly less expensive than the alternative.
Joint ownership helps with the first death—assets transfer automatically to the surviving spouse. But when the surviving spouse dies, everything goes through probate unless there’s additional planning. Joint ownership also provides no protection if both spouses become incapacitated simultaneously. Without proper documents, your family faces guardianship proceedings to manage your affairs, which are costly and time-consuming. A trust addresses both scenarios. It avoids probate for both spouses and provides clear instructions for incapacity situations. For Commack families with substantial assets, this comprehensive protection is worth the planning effort.