Fratello Law

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Trust Attorney in Old Westbury, NY

Protect Your Legacy Without Probate Delays

Comprehensive trust planning that keeps your wealth private and your family protected.

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Call: 631-406-5580

Living Trust Lawyer Old Westbury

Your Assets Transfer Immediately to Family

Your family gets immediate access to assets without waiting months or years for probate court approval. No public records. No court delays. No fighting over frozen accounts while legal proceedings drag on. A properly structured trust means your successor trustee can distribute your assets according to your exact wishes the moment you’re gone. Your privacy stays intact, your wealth transfers efficiently, and your family avoids the costly, time-consuming probate process that can tie up estates for years.

This matters especially in Old Westbury, where million-dollar estates face substantial probate costs and unwanted public scrutiny. Your neighbors don’t need to know your business. Your family doesn’t need to wait for court approval to access what’s rightfully theirs.

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Fratello Law Trust Services

Long Island Elder Law Attorneys

We’ve been serving Old Westbury families through major life transitions for years. We understand what matters to Long Island’s affluent communities—privacy, efficiency, and results that actually protect your wealth.

Our bilingual team (Spanish and Italian) provides personalized legal support with the flexibility you need. We’ll meet you at your home, office, or wherever works best. Your time is valuable, and we respect that.

We’re not general practitioners trying to handle everything. We focus specifically on elder law, estate planning, and trust services because that’s where families need real knowledge. When your estate planning involves millions of dollars and multiple generations, you need attorneys who live and breathe this work every day.

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Trust Creation Process Old Westbury

Simple Process, Powerful Protection

First, we assess your current situation during a comprehensive consultation. We’ll review your assets, family structure, and specific concerns about privacy, taxes, and future care needs. No generic solutions—everything is tailored to your family’s unique circumstances.

Next, we design the right trust structure for your situation. This might be a revocable living trust for probate avoidance, an irrevocable trust for asset protection, or a specific trust for Medicaid planning. Each trust is crafted specifically for your goals.

Finally, we draft all documents, guide you through the signing process, and help you properly fund the trust by transferring assets. We also provide ongoing support as your needs change. Your trust isn’t a one-and-done document—it’s a living part of your financial plan that evolves with your family.

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Asset Protection Trusts Old Westbury

Comprehensive Trust Planning Services

We handle every type of trust planning Old Westbury families need. Living trusts that bypass probate and keep your affairs private. Irrevocable trusts that protect assets from nursing home costs while preserving Medicaid eligibility. Asset protection trusts that shield wealth from creditors and legal claims.

For Old Westbury’s high-net-worth families, we also provide sophisticated estate tax planning through generation-skipping trusts and charitable remainder trusts. These strategies can save your family hundreds of thousands in taxes while ensuring your wealth passes to future generations intact.

Special needs trusts protect disabled family members without jeopardizing their government benefits. Business succession trusts help family enterprises transition smoothly to the next generation. Every trust is designed with Old Westbury’s unique demographic in mind—affluent families who value privacy, efficiency, and skilled legal guidance that actually delivers results.

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How does a living trust help me avoid probate in New York?

A living trust completely bypasses New York’s probate process because assets are held in the trust’s name, not your personal name. When you pass away, your successor trustee can immediately distribute assets according to your instructions without any court involvement. This is particularly valuable in Old Westbury, where high-value estates can face significant probate costs and lengthy court proceedings. Probate also creates public records that many wealthy families prefer to avoid. With a properly funded living trust, your family’s financial affairs remain completely private. The trust also provides incapacity protection. If you become unable to manage your affairs, your chosen successor trustee can step in immediately without requiring expensive guardianship proceedings through the courts.
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. It’s primarily used for probate avoidance and incapacity planning, but doesn’t provide asset protection or estate tax benefits. An irrevocable trust requires you to give up direct control over assets, but provides significant benefits in return. Assets in an irrevocable trust are protected from creditors, nursing home costs, and estate taxes. For Old Westbury families, this is often crucial for preserving wealth across generations. The choice depends on your primary goals. If you want probate avoidance and privacy, a revocable trust works well. If you need asset protection, Medicaid planning, or estate tax reduction, an irrevocable trust is typically necessary. Many families use both types as part of a comprehensive estate plan.
Trusts are essential tools for minimizing estate taxes on large estates. With current federal exemptions at $13.61 million per person, many Old Westbury families still face significant estate tax exposure, especially with New York’s lower state exemption of $5.93 million. Irrevocable trusts remove assets from your taxable estate while still providing benefits to your family. Generation-skipping trusts can transfer wealth to grandchildren without triggering additional taxes. Charitable remainder trusts provide income during your lifetime while reducing estate taxes through charitable deductions. The key is acting before 2026, when current federal exemptions are scheduled to be cut in half. Proper trust planning now can lock in current exemption levels and save your family hundreds of thousands in future taxes. Each strategy must be carefully coordinated with your overall financial plan.
Yes, but timing is critical. An irrevocable Medicaid asset protection trust can shield your assets from nursing home costs while preserving your eligibility for Medicaid benefits. However, New York has a five-year lookback period, so assets must be transferred to the trust at least five years before you need care. This type of trust allows you to retain income from the assets while protecting the principal. You can even retain certain powers, like the ability to change trustees or direct how income is distributed among family members. The trust also provides all the benefits of probate avoidance and privacy protection. For Old Westbury families, this planning is especially important given the high cost of quality long-term care in the area. Without proper planning, a nursing home stay can quickly deplete even substantial assets. Early planning through trust structures can preserve your wealth for your family while ensuring you receive the care you need.
Choosing a trustee is one of the most important decisions in trust planning. For revocable trusts, you typically serve as your own trustee during your lifetime, with a successor trustee taking over upon your death or incapacity. This successor should be someone you trust completely who has the time and ability to manage your affairs. For irrevocable trusts, you cannot serve as trustee, so you’ll need to choose a family member, friend, or professional trustee from the start. Many Old Westbury families prefer professional trustees for complex trusts, as they provide knowledge in investments, tax planning, and trust administration. Consider factors like financial experience, availability, location, and family dynamics. Some families choose co-trustees, combining a family member’s personal knowledge with a professional’s skill. The trustee should understand your values and goals for the trust, and be willing to serve for potentially many years. We can help you evaluate options and structure trustee arrangements that work for your family.
Revocable trusts can be modified or revoked at any time during your lifetime, as long as you’re mentally competent. You can add or remove beneficiaries, change distribution terms, or completely restructure the trust if your circumstances change. This flexibility makes revocable trusts attractive for many families. Irrevocable trusts are much more difficult to change, which is why careful planning is essential upfront. However, New York law does allow certain modifications with consent from all beneficiaries, and some trusts can be “decanted” into new trusts with different terms. Modern trust drafting also includes provisions that provide more flexibility than older trusts. Even with irrevocable trusts, you typically retain some powers, such as the ability to remove and replace trustees or direct how income is distributed. The key is working with an experienced attorney who can build appropriate flexibility into the trust structure while still achieving your asset protection and tax planning goals.

Local Resources

Old Westbury, NY is located in Nassau County in New York State