Fratello Law

Trust Attorney in Plainview, NY

Protect Your Family's Future Today

Clear guidance through trust creation and estate planning when your family’s security matters most.

Living Trust Benefits Plainview

Skip Probate, Keep Control, Protect Assets

Your assets stay private. Your family avoids months of court delays and thousands in probate fees. You maintain complete control during your lifetime while ensuring everything transfers exactly as you intended.

When you create a properly structured trust, you’re not just planning for death—you’re planning for life. Your trust can protect your home from nursing home costs, provide for a disabled family member’s ongoing care, and give you peace of mind knowing your wishes will be followed without family disputes or court interference.

The right trust structure means your loved ones receive their inheritance quickly and privately, without the stress and expense of probate court. That’s protection that matters.

Plainview Trust Lawyer Experience

Local Knowledge You Can Trust

We have served Long Island families for years, understanding exactly how local homeowners need to protect their assets. We focus on elder law, estate planning, and trust administration, with deep knowledge of New York’s specific requirements and opportunities.

What sets us apart is our accessibility. We offer bilingual services in Spanish and Italian, and we’ll meet you at your home, hospital, or nursing facility when you can’t come to us. This isn’t just legal service—it’s legal support designed around your life and your family’s needs.

Long Island families face unique challenges with property values, Medicaid planning, and multi-generational care. We know these challenges because we’ve been helping local families navigate them successfully for years.

Trust Creation Process Plainview

Simple Steps to Complete Protection

First, you’ll discuss your specific situation and goals in a consultation. This covers your assets, family structure, and concerns about the future. Every family’s needs are different, so this conversation shapes everything that follows.

Next, we draft the appropriate trust documents based on your unique circumstances. Whether you need a revocable living trust, irrevocable trust for asset protection, or special needs trust, each document is prepared specifically for your situation and New York law requirements.

Finally, you’ll sign the completed documents and transfer your assets into the trust. This includes updating property deeds, bank accounts, and other holdings. We guide you through each step, ensuring nothing is missed and your trust is properly funded and functional from day one.

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Trust Types Asset Protection

Complete Trust Solutions for Every Need

Living trusts let you maintain control while avoiding probate. Revocable trusts can be changed anytime during your lifetime, while irrevocable trusts provide stronger asset protection but with less flexibility. Asset protection trusts specifically shield your wealth from nursing home costs and creditors.

Special needs trusts protect disabled family members without affecting their government benefits. Trust administration services ensure your trust operates correctly after it’s created, handling distributions, tax filings, and ongoing management responsibilities.

In Plainview and throughout Long Island, property values make trust planning especially important. Your home likely represents your largest asset, and proper trust structure can protect it from Medicaid recovery while ensuring it passes to your children as intended. We handle every aspect of trust creation, funding, and ongoing administration.

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

A revocable trust can be changed or canceled anytime during your lifetime. You maintain complete control over the assets and can modify beneficiaries, terms, or even dissolve the trust entirely. This flexibility makes revocable trusts popular for basic estate planning and probate avoidance. Irrevocable trusts can’t be easily changed once created, but they offer stronger asset protection. Assets in an irrevocable trust are generally protected from creditors and nursing home costs. The trade-off is less control in exchange for greater protection. The choice depends on your priorities. If flexibility matters most, a revocable trust works well. If asset protection from long-term care costs is your main concern, an irrevocable trust might be better. Most families benefit from understanding both options before deciding.
Most trusts are completed within 2-4 weeks from your initial consultation. The timeline depends on the complexity of your situation and how quickly you can provide necessary information about your assets and beneficiaries. Simple revocable living trusts move faster than complex irrevocable trusts with multiple beneficiaries or special provisions. Asset protection trusts and special needs trusts require more detailed planning and documentation, which can extend the process. The actual drafting happens quickly once your goals are clear. Most of the time is spent ensuring the trust structure matches your specific needs and that all assets are properly transferred into the trust. Rushing this process often creates problems later, so thorough preparation is worth the time investment.
With a revocable living trust, you maintain complete control. You can buy, sell, spend, or change anything about your assets just as you do now. The trust is simply a legal structure that holds title to your property while you remain in full control as the trustee. You can modify the trust terms, change beneficiaries, or even dissolve the trust entirely if your circumstances change. During your lifetime, the trust operates exactly like your current ownership, just with better legal protection and estate planning benefits. Irrevocable trusts do limit your control in exchange for asset protection benefits. However, even irrevocable trusts can be structured to give you significant ongoing involvement in investment decisions and distributions, depending on your specific goals and the trust’s purpose.
A will and trust serve different purposes, and many people benefit from having both. Your will handles assets that aren’t in your trust and addresses guardianship for minor children. A trust handles asset management and avoids probate for the assets it holds. Wills must go through probate court, which takes months and costs thousands in fees. Trusts bypass probate entirely, allowing your beneficiaries to receive their inheritance quickly and privately. For most Long Island homeowners, this probate avoidance alone justifies creating a trust. If your main goal is avoiding probate and maintaining privacy, a trust is more effective than a will alone. If you want comprehensive estate planning that covers all possibilities, you’ll likely need both documents working together as part of a complete estate plan.
Trust creation costs vary based on complexity, but most families find the investment worthwhile when compared to probate costs and ongoing benefits. Simple revocable living trusts cost less than complex irrevocable trusts with multiple beneficiaries or special provisions. The upfront cost of creating a trust is typically much less than the probate costs your family would face without one. Probate in New York often costs 3-7% of your estate value, plus months of delays and stress for your family. During your consultation, you’ll receive a clear cost estimate based on your specific situation. Many families discover that proper trust planning actually saves money in the long run while providing better protection and peace of mind than they could achieve any other way.
Special needs trusts are specifically designed to provide for disabled family members without affecting their government benefits like Medicaid or SSI. These trusts can pay for supplemental needs like education, recreation, and quality of life improvements that government benefits don’t cover. The trust must be carefully structured to avoid disqualifying your family member from essential government programs. Proper drafting ensures the trust enhances their life without jeopardizing their eligibility for ongoing medical care and support services. Special needs trusts can be funded during your lifetime or through your estate plan. They can also be created by the disabled person themselves if they receive a legal settlement or inheritance. The key is working with an attorney who understands both trust law and disability benefit requirements to ensure everything works together properly.