Trust Attorney in Long Island

Assisting Clients With Trusts Since 1983

If you already have a last will and testament, you might think that you have finished with estate planning. However, you might want to consider adding a trust to your estate plan. As with a last will and testament, you can leave property to beneficiaries through a trust. However, it has some distinct benefits. For instance, you can move property into a trust to protect it from lawsuits and judgments while avoiding probate.

Additionally, a trust provides more control over how your property is distributed. For instance, if you have minor children, you can set guidelines in the trust so they won’t receive the assets until they reach a certain age that you determine. These are just some of the benefits.

Numerous types of trusts are available, and choosing the right one is essential when creating your estate plan. This is why we recommend that you consult with our Long Island trust lawyers before moving forward. After reviewing your goals and assets, your attorney can help you choose and fund a trust to include in your estate plan.

Schedule an appointment by calling Schneider, Garrastegui & Fedele PLLC at (631) 519-9831 or filling out our online contact form to get started with our trust attorney in Long Island.

Understanding Long Island's Trust Laws

New York State, including Long Island, has distinctive trust laws that impact estate planning. A major advantage of creating a trust is bypassing the lengthy probate process, which in New York can be both time-consuming and costly. Residents on Long Island should be particularly aware of these laws as property values can be quite high, presenting unique challenges and opportunities for wealth preservation through trusts. Setting up a trust requires careful consideration of these laws, ensuring compliance with state regulations. This makes it imperative to work with knowledgeable trust attorneys who understand these nuances, ensuring your estate is structured to maintain the most advantageous legal standing while achieving personal objectives. Utilizing trusts to navigate local tax implications is another crucial aspect, as it offers the potential for substantial tax savings and asset protection.

Local knowledge is indispensable when designing a trust in Long Island. Factors such as property laws, inheritance taxes, and local judicial procedures can significantly affect how a trust is established and managed. By engaging with our firm, you benefit from our dedication to navigating Long Island's complex legal landscape with precision and care. We align our services with your goals, whether you seek to safeguard assets, ensure privacy, or facilitate smooth asset transition to beneficiaries, creating a comprehensive estate plan that meets local demands and personal needs.

Types of Trusts in Long Island

While there are numerous types of trusts, they fall into three categories. Each category serves different purposes to suit your specific needs and circumstances.

Revocable Trusts

Many New York residents choose to add revocable trusts to their estate plans. You can name yourself as the trustee and manage the property inside the trust while you’re of sound mind. You’ll also list a successor trustee to take over if you become incapacitated.

You can modify or revoke the trust at any point as long as you are of sound mind. As long as it’s active, though, the trustee will distribute property inside of it to beneficiaries based on your guidelines.

Revocable trusts do have some limitations. Since you have full control over the property, it’s still technically a part of your estate. That means creditors can potentially seize it with a court order, and the property will still count toward your assets when trying to qualify for Medicaid. This makes choosing a suitable trust crucial to safeguarding assets while balancing accessibility.

Irrevocable Trusts for Asset Protection & Medicaid Planning

If you want to protect your assets or remove property from your estate to qualify for Medicaid, an irrevocable trust might be the right solution. Generally, you cannot revoke, modify, or serve as the trustee if you choose an irrevocable trust. However, you can receive income from the assets inside of it.

In most cases, creditors cannot touch the assets inside an irrevocable trust. Also, the property won’t be included in your estate’s value when applying for Medicaid, as long as you didn’t transfer it during the look-back period. Engaging with legal professionals before setting up the trust helps navigate rules concerning Medicaid eligibility, avoiding the common pitfalls.

Special Needs Trusts

If you have a disabled child, you need to ensure they have ample financial resources. At the same time, you do not want your son or daughter to lose access to government programs. Your trust lawyer can help you create a special needs trust for your child. This is also referred to as a supplemental needs trust. It allows you to provide for your child without impacting their ability to receive benefits. These trusts have numerous rules you must follow to avoid losing benefits, so consult with our firm first. Then we can help you create and fund the trust while staying within the law. A critical aspect is ensuring that the trust is structured to comply with federal and state regulations, providing peace of mind that your child is secure financially.

Trusts for Pets

Your pets are like family, and you want to ensure they’re cared for after you’re gone. With that in mind, you might consider leaving money for your pet’s care in your last will and testament. However, your will could be held up in probate, meaning the caregiver won’t have the resources necessary. Fortunately, you can ensure your animals are cared for by setting up a trust for your pets. This approach provides an immediate and uninterrupted source of funds for their care, ensuring their well-being is not compromised during the probate process.

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Benefits of Having a Trust in Long Island

• Avoiding Probate: Establishing a trust can help Long Island residents bypass the probate process, which can be time-consuming and costly. By transferring assets directly to beneficiaries, trusts ensure a smoother and faster distribution of the estate.
• Maintaining Privacy: Unlike wills, which become public records during probate, trusts remain private. This ensures that the details of your estate, including the distribution of assets, remain confidential, protecting your family’s privacy.
• Asset Protection: Trusts can safeguard assets from creditors and lawsuits, providing a layer of protection that is especially beneficial in Long Island, where property values and potential liabilities may be significant.
• Managing Estate Taxes: Trusts can be structured to minimize estate taxes, helping more of your assets pass to your beneficiaries. This is particularly important in states like New York, where estate taxes can be a notable concern.
• Providing for Minor Children or Special Needs Beneficiaries: Trusts allow you to designate funds for minor children or beneficiaries with special needs, ensuring they are cared for according to your wishes. Trusts can specify the conditions under which funds are released, providing ongoing management and support.
• Flexibility and Control: Trusts offer flexibility in managing your estate, allowing you to make changes as your circumstances evolve. This control can be crucial for Long Island residents who wish to adapt their estate plans to changing family dynamics or financial situations.
• Planning for Incapacity: A trust can provide for the management of your assets if you become incapacitated, ensuring that your financial affairs are handled according to your instructions without court intervention. This proactive planning helps prevent any potential disruptions in asset management due to unforeseen health issues.
• Tailored Estate Planning: Trusts can be customized to fit the specific needs of Long Island residents, considering local legal nuances and estate planning practices. This adaptability makes trusts a versatile tool in comprehensive estate planning, accommodating dynamic living situations and asset portfolios.

Establishing a trust can offer significant benefits to Long Island residents, providing peace of mind and ensuring that your estate is managed and distributed according to your wishes.

How Our Trust Attorney Can Help You

We are here to help you by:

• Personalized Consultation: We start with a thorough consultation to understand your specific financial goals, family dynamics, and long-term objectives. This allows us to recommend the most appropriate type of trust for your situation.
• Drafting and Execution: We meticulously draft trust documents to ensure they comply with all legal requirements and accurately reflect your wishes. We handle all aspects of trust execution, from funding the trust to transferring assets, ensuring a seamless and efficient process. Our team is dedicated to making this process as straightforward as possible, minimizing the complexities often associated with legal procedures.
• Ongoing Trust Administration: Trust administration can be complex and time-consuming. We provide ongoing support to trustees, helping them manage trust assets, comply with fiduciary duties, and navigate any legal or financial challenges that could arise. This service ensures that your trust continues to operate smoothly, protecting your assets over time.
• Modifications and Terminations: Life circumstances and goals can change over time. If you need to modify or terminate an existing trust, we are equipped to assist with these adjustments, ensuring your estate plan remains aligned with your current needs and wishes. We advise on the implications of each change, facilitating informed decision-making.
• Dispute Resolution: Trust disputes can be emotionally and financially draining. We are adept at resolving conflicts through negotiation, mediation, or litigation, protecting your interests, and preserving family harmony whenever possible. Our approach balances assertive representation with sensitivity to family dynamics.
• Education and Guidance: We believe in empowering our clients with knowledge. We take the time to explain intricate legal concepts and provide clear guidance on your rights and responsibilities as a trustor, trustee, or beneficiary. Our goal is to ensure you feel confident in managing your estate planning needs.

Contact Our Trust Attorney in Long Island Now

Our Long Island trust attorneys at SGF Law are here to help you navigate the complexities of trust law and achieve your estate planning goals. Whether you want to establish a new trust, administer an existing one, or resolve a trust-related dispute, our dedicated team is ready to assist you every step of the way. Contact us today to schedule a consultation and learn more about how we can help you protect your assets, support your loved ones, and ensure your legacy. We are committed to providing the highest level of service and expertise, making trust planning a smooth and stress-free experience.

For trusted legal guidance, reach out to a knowledgeable trust attorney on Long Island at SGF Law. Call (631) 519-9831 or contact us immediately to schedule your consultation.

Frequently Asked Questions About Trusts

What Are the Legal Requirements for Setting Up a Trust in New York?

Setting up a trust in New York involves several legal requirements to ensure its validity and effectiveness. The first step is selecting a suitable trustee, responsible for administering the trust and holding its assets for the benefit of the beneficiaries. It's crucial to choose someone who will act in your best interests and handle the trust with integrity and competence. Additionally, the trust document must be thoroughly outlined, detailing the terms, conditions, and asset distribution plans. This document needs precise language and must comply with New York State laws, which legal professionals can help ensure.

To finalize the trust, you must transfer the assets into the trust's name, a process called funding the trust. This includes changing ownership of deeds, accounts, or other assets. Failing to transfer assets correctly can render the trust ineffective. Lastly, a declaration or affidavit confirming the trust's establishment might be required, especially when dealing with certain financial institutions. Consulting with trust lawyers at SGF Law ensures that your trust meets all legal prerequisites and operates as intended.

How Can a Trust Save on Taxes in Long Island?

Utilizing trusts as part of your estate plan can provide significant tax advantages. Trusts can be structured to help minimize estate and gift taxes, both considerable concerns for Long Island residents given the region's property values. One effective strategy is to establish a revocable living trust, allowing your estate to bypass the probate process and potentially reduce related expenses, including taxes. By doing so, the distribution of assets to your beneficiaries can occur faster and with less financial burden.

Another advantageous consideration is using irrevocable trusts, which can remove assets from your estate, thus lowering the taxable value. This type of trust is particularly beneficial for individuals anticipating substantial estate tax liability. Additionally, creating charitable trusts or family-limited partnerships can further reduce taxable income while benefiting charitable causes or preserving family wealth. The unique aspects of each solution require professional insights, something our trust attorneys can offer by evaluating your financial and personal goals and advising on optimal trust setups aligned with New York’s tax legislation.

Why Should I Consider Setting Up a Trust Over a Will?

While both trusts and wills are essential in estate planning, setting up a trust offers advantages that often make it a more attractive option. One of the key benefits is privacy. Since a will becomes a public record upon death, anyone can access its details, while a trust remains private, safeguarding the specifics of your asset distribution. Additionally, trusts provide a more efficient distribution of assets by bypassing probate, reducing administrative delays, and accelerating the transfer of wealth to beneficiaries.

Trusts also offer greater control over asset management during and after your lifetime. For instance, you can specify conditions under which your beneficiaries receive their inheritance, such as age or life events, thus ensuring your wishes are followed precisely. They can also protect beneficiaries from creditors or poor financial management. By consulting with our knowledgeable attorneys, you can decide whether a trust, a will, or a combination of both best suits your estate planning needs, taking into account the intricacies of New York law and personal objectives.

What Is the Process for Changing or Modifying a Trust in New York?

Modifying a trust in New York involves specific legal procedures that depend largely on the type of trust. For revocable trusts, changes can be made easily at any time by the trust creator, provided they are of sound mind. This flexibility allows adjustments to beneficiaries, trustees, or asset distribution terms as circumstances change. The process typically involves drafting and signing an amendment to the trust document, clearly outlining the modifications.

Irrevocable trusts, conversely, are far more rigid. Modifications require either consent from all beneficiaries or a legal process such as a court petition. Sometimes, a provision known as a 'trustee decanting' can also be employed, which permits the trustee to transfer assets from one trust to a new one with revised terms. It's crucial to have legal guidance to navigate these complexities, ensuring that any changes are legally compliant and reflect your current wishes effectively.

How Do Charitable Trusts Function in Long Island?

Charitable trusts are instrumental for Long Island residents looking to support philanthropic causes while benefiting from tax deductions and estate planning advantages. By establishing a charitable remainder trust (CRT), a donor can transfer assets into the trust, receive a potential income stream during their lifetime, and leave the remaining assets to a designated charity at the trust's termination. This setup not only fulfills philanthropic intentions but also reduces estate taxes by removing the assets from the taxable estate.

Alternatively, a charitable lead trust (CLT) serves the opposite purpose—providing initial income to a charity, with the remainder going to non-charitable beneficiaries after a set term. Both approaches offer unique benefits and can be tailored to maximize the donor's charitable impact while addressing personal financial goals. Our team at SGF Law can assist in structuring these trusts to complement your overall estate planning, ensuring compliance with legal standards and alignment with your charitable aspirations.

Contact our Long Island trust attorney by calling (631) 519-9831. We are committed to providing our clients with everything they need for a comprehensive estate plan that suits their unique situation.