Fratello Law

Fratello Law metallic logo on a transparent background, featuring sleek silver lettering with a modern serif font, conveying professionalism and sophistication.
Facebook Linkedin Youtube
Free Estate Planning Consultation
Free Estate Planning Consultation

Trust Attorney in Southampton, NY

Protect Your Assets With Proven Trust Planning

Southampton families trust us to secure their legacy through strategic trust planning that bypasses probate and protects what matters most.

Get a Free Consultation
Call: 631-406-5580
Two people in business attire shaking hands, with blurred office background and sunlight coming through a window, representing a professional agreement at an Elder Law Smithtown, NY firm.
Two people are shaking hands over a desk with documents, a pen, and a notebook, suggesting an Elder Law Smithtown, NY business agreement or partnership in a bright office setting.

Living Trust Lawyer Southampton

Skip Probate, Save Time, Preserve Privacy

Your family won’t wait months in probate court. They won’t pay unnecessary legal fees. And your financial affairs won’t become public record. A properly structured trust puts your beneficiaries in control immediately. No court delays, no public scrutiny, no probate expenses eating into your legacy. Your assets transfer directly to the people you choose, exactly when and how you specify.

This isn’t just paperwork—it’s peace of mind. When life happens, your family focuses on what matters instead of fighting through legal bureaucracy.

Get a Free Consultation

Southampton Trust Attorney

Local Knowledge, Generational Relationships

We’ve been serving Southampton families for over a decade, watching the community grow and change. We understand the unique challenges Long Island residents face—from high property values to complex New York estate laws.

Our approach is simple: we take time to understand your specific situation before recommending any strategy. Every family is different, and cookie-cutter solutions don’t work when your legacy is on the line.

We’re not just your attorneys today—we’re here for the long haul, building relationships that span generations and adapt as your needs evolve.

Get a Free Consultation
Two people in business attire shaking hands, with another person applauding in the background, suggesting a successful agreement or partnership in a professional NY Elder Law Smithtown setting.

Trust Creation Process Southampton

Straightforward Process, No Surprises

First, we sit down for a free consultation to understand your goals and current situation. We’ll review your assets, discuss your family dynamics, and identify potential challenges before they become problems.

Next, we design a trust strategy tailored to your specific needs. Whether you need asset protection, Medicaid planning, or simple probate avoidance, we’ll explain exactly how each component works and why it matters.

Finally, we handle all the legal drafting and execution. You’ll understand every document before you sign it, and we’ll make sure your assets are properly transferred into the trust. No confusion, no rushing—just clear, thorough work that protects your family’s future.

Get a Free Consultation
Two men in business attire smiling and shaking hands in a modern NY office, suggesting a successful Elder Law Smithtown meeting or agreement.

Ready to get started?

Get a Free Consultation

Explore More Services

See All Services

About Fratello Law

Learn About Us

Get a Free Consultation

Contact Us

Asset Protection Trusts Southampton

Comprehensive Trust Solutions for Every Need

We create revocable living trusts that give you complete control during your lifetime while avoiding probate at death. For families concerned about creditors or long-term care costs, irrevocable trusts provide superior asset protection.

Special needs trusts protect disabled family members without jeopardizing their government benefits. Medicaid planning trusts help Southampton residents qualify for long-term care coverage while preserving their home and savings.

With Southampton’s median home values continuing to rise and New York’s complex estate tax laws, proper trust planning isn’t optional—it’s essential. Our local knowledge ensures your strategy accounts for both state regulations and community-specific considerations that out-of-area attorneys often miss.

Get a Free Consultation
A smiling woman in business attire stands and shakes hands with someone across a desk in a modern office, highlighting a successful Elder Law Smithtown, NY meeting or interview.

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

A revocable trust gives you complete control during your lifetime—you can change beneficiaries, modify terms, or dissolve it entirely. You remain the trustee and continue managing your assets normally. The main benefits are avoiding probate and maintaining privacy, but it doesn’t provide asset protection from creditors or reduce estate taxes. An irrevocable trust permanently transfers ownership of your assets, which means you give up direct control. However, this provides significant benefits: protection from creditors, potential estate tax reduction, and qualification for Medicaid benefits. In New York, irrevocable trusts are essential for families with estates approaching the $6.94 million state tax threshold. The choice depends on your primary goals. If probate avoidance and privacy are your main concerns, a revocable trust works well. If asset protection or tax planning are priorities, an irrevocable trust is usually necessary.
Medicaid has strict asset limits—typically $2,000 for individuals. Without proper planning, you’d need to spend down your savings before qualifying for long-term care benefits. With nursing home costs averaging $600,000 for a three-year stay on Long Island, this can devastate your family’s financial security. A properly structured Medicaid Asset Protection Trust removes assets from your name while allowing you to continue living in your home and receiving income. After the five-year lookback period, these assets are protected and don’t count toward Medicaid eligibility limits. The key is timing. You can’t wait until you need care—Medicaid planning must happen while you’re healthy. Our Southampton clients typically establish these trusts as part of their overall estate planning, ensuring they’re protected regardless of what the future holds.
Probate in New York typically takes 8-12 months, during which your family can’t access most assets. Your estate pays court fees, legal fees, and executor fees—often totaling 3-5% of your estate value. With Southampton’s high property values, this can mean tens of thousands in unnecessary costs. Everything becomes public record. Your assets, debts, and family relationships are open for anyone to see. This lack of privacy can be particularly problematic for families who value discretion. Most frustrating is the uncertainty. Court schedules, required paperwork, and potential challenges from beneficiaries can extend the process indefinitely. Meanwhile, your family deals with financial stress during an already difficult time. A properly funded trust eliminates all of these problems by keeping your estate out of court entirely.
New York trusts are generally recognized in other states, but different states have varying laws about trust administration, taxation, and beneficiary rights. If you move to a state with more favorable trust laws, you might benefit from modifying your trust or creating a new one. Some states offer better asset protection, lower taxes, or more flexible trust terms. Others might have different rules about trustee selection or beneficiary distributions. We review these considerations with clients who are planning to relocate. The good news is that a well-drafted trust provides flexibility for these situations. We can include provisions that allow for changes in governing law or trustee location. For Southampton residents with vacation homes in other states, we often recommend strategies that account for multi-state considerations from the beginning.
Trust planning typically costs $2,500-$5,000 for most Southampton families, depending on complexity. This one-time investment eliminates probate costs, which in New York average 3-5% of your estate value. For a $1 million estate, probate costs often exceed $30,000-$50,000. Beyond the immediate savings, trusts provide ongoing benefits. Your family avoids months of legal proceedings, maintains privacy, and gains immediate access to assets. There’s no uncertainty about court schedules or potential challenges that could increase costs. Consider the time value too. While your family waits for probate to conclude, they can’t sell the house, access investment accounts, or make important financial decisions. For Southampton families dealing with high property taxes and ongoing expenses, this delay can create serious financial pressure that trusts completely avoid.
Review your trust every 3-5 years or after major life changes—marriage, divorce, births, deaths, significant changes in asset values, or moves to different states. Tax laws change frequently, and what worked five years ago might not be optimal today. For Southampton residents, pay special attention to property value changes. If your home has appreciated significantly, you might need additional estate tax planning. New York’s estate tax threshold is $6.94 million in 2024, and the “cliff tax” can be devastating for families who cross this line unexpectedly. We provide complimentary trust reviews for our clients every three years to ensure your plan remains current. This isn’t about generating additional fees—it’s about making sure your trust continues protecting your family as intended. Small adjustments now prevent major problems later.

Local Resources

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

Distinguished in Elder Law: Awards and Recognition

Logo of the Suffolk County Women’s Bar Association (SCWBA) featuring three classical columns with silhouettes of women, alongside the organization’s name in blue text—representing leaders in Elder Law Smithtown, NY.
Logo of The Greater Smithtown Chamber of Commerce featuring a stylized bull and a banner with "Smithtown" on it, set against a red circle background—representing vibrant business life in Smithtown, NY.
Logo featuring a stylized blue courthouse with five pillars above the acronym “NYSBA” in bold letters, ideal for representing Elder Law Smithtown, NY; includes a registered trademark symbol at the top right.
The image shows the logo of the National Aging in Place Council (NAIPC), an organization supporting seniors with resources like Elder Law in Smithtown, NY. The text is white on blue, with "NAIPC" boldly displayed at the center.
Logo of the Syosset Woodbury Chamber of Commerce, NY, featuring three red buildings and a white tree inside a blue diamond, surrounded by the organization’s name in white text on a dark blue border. Elder Law Smithtown members welcome.
SBA logo with text "U.S. Small Business Administration" above a blue banner that reads "WOSB Certified" for Elder Law Smithtown, NY.
Black and white seal of the Suffolk County Bar Association, featuring balanced scales, rays, and the text "Suffolk County Bar Association NY 1908"—a trusted symbol for Elder Law in Smithtown, NY.
Green line drawing logo of the Smithtown Historical Society with initials "SHS," decorative floral designs, and the text "Smithtown Historical Society established 1955"—a symbol recognized throughout Elder Law Smithtown, NY.