Fratello Law

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Free Estate Planning Consultation
Free Estate Planning Consultation

Trust Attorney in Stony Brook, NY

Protect Your Assets Without Probate Court

Stop worrying about your family’s financial future with a properly structured trust from our experienced Stony Brook trust attorneys.

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Call: 631-406-5580

Living Trust Lawyer Stony Brook

Keep Your Assets Private and Protected

Your family doesn’t need to go through months of probate court when you pass away. A living trust keeps your asset distribution private between your trustee and beneficiaries—no public records, no court delays, no unnecessary stress during an already difficult time.

With Long Island property values averaging $722,000 and rising, protecting your home and investments becomes even more critical. A revocable trust gives you complete control during your lifetime while ensuring your assets transfer smoothly to your loved ones when you’re gone.

You can also protect against the devastating costs of long-term care. The average nursing home stay on Long Island costs up to $600,000 over three years. Asset protection trusts can help shield your wealth from these expenses while maintaining your eligibility for Medicaid benefits.

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Stony Brook Trust Administration Attorney

Local Expertise You Can Trust

We have been serving Long Island families for over a decade, helping them navigate the complexities of trust planning with compassionate, personalized care. We understand the unique challenges facing Stony Brook residents—from high property values to the need for Medicaid planning.

Our attorneys speak Spanish and Italian, and we offer home, hospital, and nursing home visits because we know legal planning shouldn’t be limited by location or circumstances. We’ve been voted Top-Rated Law Firm on Suffolk County’s North Shore because we treat every client like family.

You’ll work directly with our experienced trust attorneys who take the time to understand your specific situation, not paralegals or junior staff. We focus exclusively on elder law and estate planning, so you get specialized expertise when it matters most.

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Trust Creation Process Stony Brook

Simple Steps to Complete Protection

First, we’ll meet for a free consultation to discuss your assets, family situation, and goals. This can happen in our office, your home, or virtually—whatever works best for you. We’ll explain the different types of trusts and recommend the most appropriate approach for your circumstances.

Next, we’ll draft your trust documents with precise language that protects your assets and carries out your wishes. You’ll review everything before signing, and we’ll explain each provision so you understand exactly how your trust works.

Finally, we’ll help you transfer your assets into the trust—what lawyers call “funding.” This includes updating deeds, changing account titles, and ensuring your trust actually holds your property. Many attorneys skip this crucial step, but we make sure your trust is properly established and functional from day one.

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Asset Protection Trust Stony Brook

Complete Trust Services for Every Need

We handle every type of trust planning, from simple revocable trusts to complex irrevocable asset protection strategies. If you’re concerned about nursing home costs, we can establish Medicaid Asset Protection Trusts that comply with the five-year lookback period while preserving your wealth.

For families with special needs members, we create supplemental needs trusts that provide financial support without jeopardizing government benefits. If you own property in multiple states, a trust eliminates the need for probate in each location.

Stony Brook’s proximity to New York City means many of our clients have complex financial situations—business interests, investment properties, retirement accounts. We coordinate with your financial advisors and accountants to ensure your trust integrates seamlessly with your overall wealth management strategy. Our goal is comprehensive protection that grows with your needs over time.

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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, can serve as your own trustee, and can modify beneficiaries or terms anytime. The main benefits are avoiding probate and maintaining privacy, but assets remain part of your taxable estate. An irrevocable trust cannot be easily changed once established. You give up direct control over the assets, but gain significant benefits like asset protection from creditors, potential tax savings, and protection from nursing home costs. In New York, irrevocable trusts are often used for Medicaid planning since assets transferred more than five years before applying for benefits are protected. The choice depends on your primary goals—flexibility versus protection. Many clients use both types as part of a comprehensive estate plan.
Trust costs vary based on complexity, but simple revocable trusts typically range from $2,000 to $4,000, while complex irrevocable trusts can cost $5,000 to $10,000 or more. However, these upfront costs are often far less than the expenses your family would face without proper planning. Consider that probate in New York can cost 3-5% of your estate value, plus months or years of delays. For a $722,000 Stony Brook home, that’s potentially $21,000-$36,000 in probate costs alone. Long-term care costs averaging $600,000 over three years make asset protection trusts a smart financial investment. We provide detailed fee estimates during your free consultation, so you know exactly what to expect. We also offer payment plans because proper planning shouldn’t be delayed due to cost concerns.
Yes, but timing is crucial. New York’s Medicaid program has a five-year lookback period for asset transfers. If you transfer assets to an irrevocable trust more than five years before applying for Medicaid, those assets are protected and won’t count against your eligibility. However, transfers within the five-year period can create a penalty period where you’re ineligible for benefits. The penalty is calculated by dividing the transferred amount by New York’s average monthly nursing home cost (currently about $16,000 on Long Island). There are strategies to work within the lookback period, including certain types of trusts that provide limited protection even during the penalty period. The key is starting planning early—ideally while you’re healthy and don’t anticipate needing care soon. Even if you’re already facing health challenges, there may be options available.
Most trusts are portable and remain valid when you move to another state. However, different states have varying laws regarding trust administration, taxation, and asset protection. Some states offer better creditor protection or more favorable tax treatment for trusts. If you move, we typically recommend having your trust reviewed by an attorney in your new state to ensure it complies with local laws and takes advantage of any beneficial provisions. Minor amendments might be needed, but wholesale rewriting is usually unnecessary. For clients who spend time in multiple states (like Florida in winter), we can structure trusts to minimize tax implications and ensure smooth administration regardless of where you’re residing. The key is proper initial planning and periodic reviews as your circumstances change.
If you own real estate, have assets over $50,000, want to avoid probate, or have concerns about incapacity, a trust is likely beneficial. In New York, estates over $50,000 generally require probate, which can take 6-18 months and cost thousands in legal fees and court costs. Trusts become especially valuable for Long Island residents due to high property values. Your Stony Brook home alone likely exceeds the probate threshold. If you own property in multiple states, a trust eliminates the need for probate in each location—a significant advantage. Wills are sufficient for simple estates with minimal assets, but they don’t provide incapacity protection or privacy. If you become unable to manage your affairs, a will doesn’t help—but a trust allows your successor trustee to step in immediately without court involvement. Given the complexity of most Long Island estates, trusts usually provide better protection and peace of mind.
With revocable trusts, yes—you can modify terms, change beneficiaries, add or remove assets, or even revoke the trust entirely. This flexibility makes revocable trusts popular for estate planning since your wishes can evolve over time. Irrevocable trusts are much more difficult to change, though not impossible. New York allows modifications under certain circumstances, such as when all beneficiaries agree or when changes serve the trust’s original purpose. Some irrevocable trusts include provisions allowing limited modifications by the trustee or a trust protector. We recommend reviewing your trust every 3-5 years or after major life events—marriage, divorce, births, deaths, or significant changes in assets. Regular reviews ensure your trust continues to serve your goals and takes advantage of any beneficial law changes. We provide ongoing support to keep your trust current and effective.

Local Resources

Stony Brook, NY is located in Suffolk County in New York State