Fratello Law

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Trust Attorney in Melville, NY

Protect What Matters Most to You

Your family’s financial security shouldn’t be left to chance or tied up in probate court for years.

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Call: 631-406-5580

Living Trust Creation Melville

Keep Your Wealth in Your Family's Hands

You’ve worked hard to build your assets. Now you need to make sure they stay protected and get to the people you care about without unnecessary delays, costs, or complications. A properly structured trust does exactly that. It bypasses probate entirely, keeps your affairs private, and makes sure your assets are distributed according to your wishes. Whether you’re concerned about nursing home costs, want to provide for a special needs family member, or simply want to avoid the headaches of probate, the right trust structure makes all the difference.

Most importantly, you’ll have complete clarity about how everything works. No legal jargon, no wondering if you’ve made the right choice. Just straightforward guidance from attorneys who understand what Long Island families face when planning for the future.

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Melville Estate Planning Attorneys

We Know Long Island Families

We’ve been serving families throughout Nassau and Suffolk Counties for over a decade. We understand the unique challenges that come with Long Island’s high property values, complex family dynamics, and the need for both English and bilingual services in Spanish and Italian.

We do things differently. We come to you – your home, hospital, or nursing facility. Estate planning conversations shouldn’t be rushed or uncomfortable, which is why we take the time to understand your specific situation before recommending any solutions.

We’re not trying to be everything to everyone. We focus exclusively on elder law, estate planning, and trust creation. This means we stay current on every change in New York law that could affect your plan, and we’ve seen virtually every family situation you can imagine.

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Trust Administration Process Melville

Simple Process, Powerful Results

We start by meeting with you wherever you’re most comfortable – our office, your home, or wherever works well. We’ll discuss your goals, family situation, and concerns. You’ll get clear explanations in plain English, and we’ll answer every question you have.

Next, we draft your trust documents based on your specific needs. Whether you need a revocable living trust, irrevocable trust for asset protection, or special needs trust, we create documents that actually work for your situation. You’ll review everything before signing, and we’ll explain every provision.

Finally, we help you properly fund your trust by transferring assets into it. This step is where many people make costly mistakes, but we guide you through the entire process. We also provide ongoing support as your needs change over time – because life doesn’t stop after you sign the documents.

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Asset Protection Trusts Melville

Complete Trust Services for Your Situation

Our trust services are designed specifically for Long Island families who want to protect their assets and provide for their loved ones. We handle revocable living trusts that avoid probate, irrevocable trusts for Medicaid planning, and special needs trusts that protect government benefits.

In Melville, where the median home value exceeds $800,000, proper asset protection isn’t optional. We help families structure their estates to qualify for Medicaid if long-term care is needed, while still preserving wealth for the next generation. The five-year lookback period means timing is crucial.

We also understand the multi-generational nature of many Long Island families. Our trusts accommodate complex situations – provisions for grandchildren’s education, support for aging parents, and protection for family members with disabilities. Every trust is customized to reflect your family’s unique needs and values, not pulled from a template.

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

A revocable trust, also called a living trust, can be changed or canceled during your lifetime. You maintain complete control over the assets and can modify the terms whenever needed. It helps avoid probate and provides for incapacity planning, but doesn’t protect assets from creditors or nursing home costs. An irrevocable trust, once created, generally cannot be changed. You give up direct control of the assets, but gain significant benefits including asset protection from creditors, potential Medicaid eligibility, and estate tax reduction. In New York, irrevocable trusts are often used for Medicaid planning, but require a five-year lookback period. The choice depends on your primary goals. If you want flexibility and probate avoidance, a revocable trust works well. If you need asset protection or Medicaid planning, an irrevocable trust is typically necessary.
The timeline depends on the complexity of your situation and the type of trust you need. For a straightforward revocable living trust, we can typically complete the process in 2-3 weeks from our initial meeting to signing the documents. More complex trusts, such as irrevocable trusts for asset protection or special needs trusts, may take 4-6 weeks to make sure all provisions are properly drafted and coordinated with your overall estate plan. We don’t rush this process because getting it right the first time is crucial. The most important factor is properly funding the trust after it’s created. We’ll help you transfer assets into the trust, which can take additional time depending on the types of assets involved. Real estate transfers, for example, require deed preparation and recording with Suffolk County.
With a revocable living trust, yes – you maintain complete control. You can buy, sell, or change assets within the trust just as you would outside of it. You’re typically the trustee initially, so you manage everything normally while gaining the benefits of probate avoidance. With an irrevocable trust, you give up direct control, but this trade-off provides significant benefits. The trust is managed by a trustee you choose, who must follow the terms you set when creating the trust. You can often be a beneficiary and receive distributions according to the trust terms. For asset protection purposes, giving up control is actually the point. If you don’t control the assets, creditors and nursing homes generally can’t reach them. We help you structure irrevocable trusts to provide maximum benefits while still meeting your income and lifestyle needs.
An irrevocable trust can help you qualify for Medicaid, but it requires careful planning and timing. New York has a five-year lookback period, meaning assets transferred to an irrevocable trust must be transferred at least five years before applying for Medicaid benefits. The trust must be properly structured to remove assets from your countable resources while still providing some benefit to you. Income-only trusts are commonly used, allowing you to receive income from the trust assets while protecting the principal from Medicaid spend-down requirements. Special rules apply to different types of assets, including your home, retirement accounts, and personal property. We help you navigate these complex rules to create a plan that protects your assets while making sure you can access care when needed. The key is starting the planning process before you need long-term care.
When you die, your trust continues to operate according to the terms you established. Unlike a will, which must go through probate, trust assets are distributed directly to your beneficiaries without court involvement. This saves time, money, and maintains privacy. The successor trustee you named takes over management of the trust. They’re responsible for paying any final debts, filing tax returns, and distributing assets according to your instructions. You can specify immediate distributions or create ongoing trusts for beneficiaries who need continued management. For revocable trusts, the assets typically receive a “stepped-up basis” for tax purposes, potentially reducing capital gains taxes for your beneficiaries. The trust can also continue for multiple generations if you’ve structured it that way, providing ongoing benefits and protection for your family.
Yes, you should still have a will even with a trust. The will serves as a backup for any assets you forgot to transfer into the trust and handles other important matters that trusts can’t address, such as naming guardians for minor children. We typically create what’s called a “pour-over will” that works with your trust. This will directs any assets not already in the trust to be transferred into it after your death. It also handles personal items and provides instructions for your final arrangements. The will also serves as a safety net. Even with careful planning, people sometimes acquire new assets or forget to update account beneficiaries. The pour-over will makes sure these assets still follow your overall estate plan rather than being distributed according to New York’s intestacy laws.

Local Resources

Melville, NY is located in Suffolk County in New York State