Fratello Law

Trust Attorney in Hauppauge, NY

Protect Your Family's Future with Proper Trusts

Your assets deserve protection that actually works. As your trust attorney in Hauppauge, NY, we help Long Island families secure their legacy through strategic trust planning.

Living Trust Lawyer Hauppauge

Skip Probate, Keep Your Privacy, Protect Assets

When your trust is properly structured, your family avoids the lengthy, expensive probate process that can tie up your estate for months or years. Your financial affairs stay private instead of becoming public record in New York courts.

Your assets get real protection from creditors and potential lawsuits. With Long Island home values averaging $775K, proper trust planning isn’t optional—it’s essential for preserving what you’ve worked to build.

The right trust structure also positions your family for Medicaid planning if long-term care becomes necessary. On Long Island, nursing home costs can reach $600,000 for a three-year stay, making advance planning crucial.

Hauppauge Trust Attorney Services

Local Knowledge, Personalized Trust Solutions

We understand the unique challenges facing Long Island families. High property values, complex New York estate laws, and the need for Medicaid planning require an attorney who knows the local landscape.

We provide bilingual services in Spanish and Italian, recognizing our diverse community’s needs. Our home, hospital, and nursing home visits ensure accessibility when you need legal guidance most.

Our focus on elder law, estate planning, and trust administration means we see the real-world results of different trust strategies. This experience helps us recommend the right approach for your specific situation and family goals.

Trust Creation Process Hauppauge

Clear Steps to Secure Your Legacy

Your trust planning begins with understanding your goals, family situation, and asset protection needs. We review your current estate plan, identify gaps, and explain how different trust types serve your objectives.

Next, we draft your trust documents with precise language that protects your interests while meeting New York legal requirements. Whether you need a revocable trust for probate avoidance or an irrevocable trust for asset protection, every detail matters.

Finally, we help you properly fund your trust by transferring assets and updating beneficiary designations. This critical step ensures your trust actually works when your family needs it. We also provide ongoing guidance as your circumstances change over time.

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Asset Protection Trust Attorney

Comprehensive Trust Services for Long Island Families

Our trust services include living trusts, revocable trusts, irrevocable trusts, and special needs trusts. Each serves different purposes, from avoiding probate to protecting assets from creditors or preserving government benefits for disabled family members.

For Long Island families, we often recommend combining trust strategies with Medicaid planning. New York’s five-year lookback period requires careful timing when transferring assets to qualify for benefits while preserving your family home.

We also handle trust administration, helping trustees understand their responsibilities and beneficiaries navigate distributions. Our local knowledge of Nassau and Suffolk County procedures streamlines the process during difficult times.

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

A revocable trust lets you maintain control over your assets and change the trust terms during your lifetime. You can serve as trustee, modify beneficiaries, and even dissolve the trust if needed. This flexibility makes revocable trusts excellent for avoiding probate and maintaining privacy. Irrevocable trusts require giving up control over the assets you transfer. Once established, you typically cannot change the terms or reclaim the assets. However, this sacrifice provides significant benefits: asset protection from creditors, potential tax advantages, and eligibility for Medicaid planning. For Long Island families, we often recommend starting with a revocable trust for probate avoidance, then considering irrevocable trusts for specific asset protection or Medicaid planning goals as circumstances change.
When you create a living trust and properly transfer your assets into it, those assets no longer go through probate when you die. Instead, your successor trustee can distribute them according to your trust instructions immediately, without court involvement. In New York, probate can take six months to several years, depending on the estate’s complexity and whether anyone contests the will. During this time, your assets remain frozen, and the process becomes public record. Court fees, attorney costs, and executor fees can consume 3-7% of your estate’s value. With a properly funded living trust, your family avoids these delays and costs entirely. Your successor trustee handles distributions privately, and beneficiaries can access their inheritance much sooner than through probate.
Yes, but the type of trust matters significantly. A revocable trust protects your home from probate but not from creditors or Medicaid recovery, since you retain control over the property. An irrevocable trust can provide stronger protection by removing the home from your ownership. This strategy helps with Medicaid planning, since the home won’t count toward the asset limits for benefits. However, you must transfer the property at least five years before applying for Medicaid to avoid the lookback period. For Long Island families with homes worth $775K or more, proper trust planning is essential. We help you balance asset protection with your need to continue living in and controlling your home during your lifetime.
Without a trust or proper powers of attorney, your family may need to petition the court for guardianship to manage your affairs. This process is expensive, time-consuming, and emotionally draining during an already difficult time. The court will appoint someone to make financial and healthcare decisions for you, but this person may not be who you would have chosen. The guardian must report to the court regularly, creating ongoing costs and loss of privacy for your family. A properly structured trust with incapacity provisions allows your chosen successor trustee to manage your affairs immediately if you become unable to do so. This avoids court involvement entirely and ensures your wishes are followed during incapacity.
Trust creation costs vary based on complexity, but the investment is typically far less than the probate costs and delays your family would face without proper planning. Simple revocable trusts cost less than complex irrevocable trusts with tax planning features. For Long Island families, consider that probate can cost 3-7% of your estate’s value, plus months or years of delays. With median home values at $775K, probate costs alone could exceed $25,000-$50,000, not including the emotional toll on your family. We provide transparent pricing during your consultation, explaining exactly what’s included in your trust package. Many families find that comprehensive trust planning pays for itself by avoiding probate costs and providing peace of mind.
If your child receives government benefits like Medicaid or SSI, a special needs trust is often essential. Without proper planning, an inheritance could disqualify your child from these crucial benefits, leaving them worse off financially. A special needs trust allows you to provide supplemental support for your child without affecting their eligibility for government benefits. The trust can pay for items and services that enhance your child’s quality of life beyond what public benefits provide. New York has specific rules about special needs trusts, and the language must be precise to protect your child’s benefits. We work with families to create trusts that provide maximum flexibility while maintaining benefit eligibility, ensuring your child receives the support they need throughout their lifetime.