Fratello Law

Trust Attorney in Huntington, NY

Protect Your Family's Financial Future Today

Your assets deserve protection that actually works when it matters most, with trust strategies designed specifically for Long Island families.

Living Trust Creation Huntington

Keep Your Family Out of Probate Court

When you set up a properly structured trust, your family avoids the months-long probate process that can cost thousands in legal fees and court costs. Your loved ones get immediate access to the assets they need during an already difficult time.

With Huntington’s median home values exceeding $860,000, probate delays can tie up substantial wealth when your family needs it most. A well-crafted trust ensures your assets transfer seamlessly to your beneficiaries without court intervention.

Your privacy stays protected too. Unlike wills that become public record through probate, trusts keep your financial affairs confidential.

Huntington Trust Lawyer Services

Local Knowledge That Makes the Difference

We have served Long Island families for over a decade, understanding the unique challenges that come with protecting substantial assets in one of the nation’s most expensive real estate markets. Our firm focuses exclusively on elder law, estate planning, and trust creation for families navigating life transitions.

What sets us apart is our deep understanding of Long Island’s specific needs – from homeownership protection to Medicaid planning considerations that affect local families. We offer bilingual services in Spanish and Italian, plus home and hospital visits when clients can’t travel.

Our approach centers on personalized, compassionate legal support during sensitive family decisions, with flexible scheduling and responsive communication that busy Long Island families appreciate.

Trust Creation Process Huntington

A Clear Path from Consultation to Completion

The process starts with a comprehensive consultation where you discuss your family’s specific situation, assets, and goals. This isn’t a sales pitch – it’s about understanding what protection strategies make sense for your circumstances.

Next comes the legal assessment phase, where we analyze your assets, review existing documents, and identify potential vulnerabilities. You’ll receive clear recommendations about which type of trust structure best serves your needs.

Document preparation follows, with careful attention to New York state law requirements and your family’s unique circumstances. We handle all the technical legal language while keeping you informed about each decision.

Finally, you’ll execute the documents and receive ongoing support for trust administration, funding, and any future modifications your family might need.

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Asset Protection Trusts Huntington

Comprehensive Trust Services for Long Island Families

Our trust services include revocable living trusts for probate avoidance, irrevocable trusts for asset protection, and specialized trusts for Medicaid planning. Each trust is customized for your family’s specific assets and goals.

For Huntington families, this often means protecting substantial home equity from potential long-term care costs. With nursing home expenses averaging $600,000 over three years on Long Island, proper planning becomes essential for preserving family wealth.

Special needs trusts ensure disabled family members receive care without losing government benefits. Trust administration services help manage ongoing responsibilities, from annual filings to beneficiary communications.

We also handle trust modifications when life circumstances change, ensuring your protection strategies evolve with your family’s needs over time.

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

A revocable trust lets you maintain complete control over your assets during your lifetime – you can change beneficiaries, modify terms, or dissolve the trust entirely. It’s primarily used for probate avoidance and incapacity planning, but doesn’t provide asset protection from creditors or Medicaid. An irrevocable trust requires you to give up direct control over the assets, but provides much stronger protection. Assets in an irrevocable trust are generally protected from creditors and, if structured properly, can help you qualify for Medicaid benefits while preserving wealth for your family. For Long Island families with substantial assets, many attorneys recommend a combination approach – using revocable trusts for flexibility and irrevocable trusts for protection against long-term care costs.
Medicaid has a five-year lookback period where they examine all asset transfers before approving benefits. If you transfer assets within this period, you face penalty periods where Medicaid won’t pay for care. However, assets properly placed in an irrevocable trust before the lookback period can be protected. This is particularly important on Long Island where nursing home costs can exceed $200,000 annually. Without proper planning, families often face the choice between spending down their entire life savings or going without necessary care. An experienced trust attorney can help structure asset protection strategies that comply with Medicaid rules while preserving wealth for your spouse and children. The key is planning ahead – waiting until you need care severely limits your options.
Yes, with proper trust planning you can continue living in your home while protecting it from probate and potentially from Medicaid recovery. The specific arrangement depends on whether you use a revocable or irrevocable trust. With a revocable trust, you maintain complete control and can live in the home normally. The trust simply helps your family avoid probate when you pass away. With an irrevocable trust, you may retain the right to live in the home for your lifetime while removing it from your estate for Medicaid purposes. Given Huntington’s high property values, protecting your home equity becomes crucial for preserving family wealth. We can explain which approach works best for your specific situation and family goals.
A properly structured trust continues operating seamlessly if you become incapacitated. You’ll name a successor trustee who can immediately step in to manage the trust assets and make distributions according to your instructions. This is a major advantage over other planning methods. Without a trust, your family would need to go to court to get guardianship or conservatorship, which can take months and cost thousands in legal fees. Meanwhile, bills still need to be paid and financial decisions made. Your trust documents should include detailed instructions about how you want assets managed during incapacity, including provisions for your care and support. This gives your family clear guidance during a difficult time and ensures your wishes are followed.
Trust creation costs vary based on the complexity of your situation and the types of trusts needed. Simple revocable trusts typically cost less than comprehensive asset protection planning involving multiple irrevocable trusts. However, the cost of proper planning is minimal compared to the potential losses from not planning. Probate costs alone can consume 3-5% of your estate value, and long-term care expenses can eliminate your entire life savings without proper protection. We offer initial consultations to discuss your situation and provide fee estimates. This lets you understand the investment involved and compare it to the potential costs of not having proper protection in place.
You should review your trust documents every three to five years or after major life events like marriage, divorce, births, deaths, or significant changes in your financial situation. Changes in tax laws or Medicaid rules may also require updates. For revocable trusts, modifications are straightforward since you maintain control. Irrevocable trusts are more complex to modify, but New York law does provide some flexibility, especially when all beneficiaries agree to changes. Regular reviews ensure your trust continues serving your family’s needs as circumstances evolve. We can help you identify when modifications are necessary and handle the legal requirements for implementing changes properly.