Long Island Trust Attorney

Trust Creation & Trust Litigation for Nassau & Suffolk County Families

A trust is a legal arrangement in which a grantor transfers assets to a trustee to manage and distribute for named beneficiaries. Unlike a will, a properly funded trust can help avoid the need for probate in Nassau County or Suffolk County Surrogate’s Court, allowing assets to transfer more quickly and privately. A testamentary trust, created through a last will and testament, takes effect only after death through the probate process. A revocable living trust, by contrast, is established during the grantor’s lifetime and can be amended or revoked at any time.

In New York, trusts must be coordinated carefully with other aspects of an estate plan under the Estates, Powers and Trusts Law (EPTL), including beneficiary designations on retirement accounts and jointly owned property, so that your wishes are actually carried out. A mismatched beneficiary designation or an untitled asset can defeat the trust’s purpose entirely. We handle both trust creation and, when disputes arise, trust litigation for Long Island clients, giving families a single firm to call whether they’re setting up a trust or defending one in court.

Choosing the Right Type of Trust for Your Situation

Deciding which type of trust fits your needs isn’t a one-size-fits-all decision, and many families aren’t sure where to begin. Your age, the nature of your assets, whether you own real estate in Nassau County or Suffolk County, and your goals for children, grandchildren, or charitable giving all shape the right structure. During an initial consultation, we review your existing will, account statements, and any prior planning to identify gaps and opportunities a trust may address. This moves you from general questions to a concrete plan that fits your circumstances.

Some clients are focused on avoiding a lengthy probate proceeding in Surrogate’s Court. Others need to protect a family member who has difficulty managing money or qualifies for government benefits. A revocable living trust provides flexibility and privacy and can be amended during your lifetime, but it doesn’t offer Medicaid planning or estate tax protection. An irrevocable trust generally can’t be changed once created, but it may offer estate tax reduction and asset protection advantages, including Medicaid planning. We explain the trade-offs of each structure based on your financial picture and family needs, and we make sure the trust works alongside your beneficiary designations on retirement accounts and life insurance so the overall plan is coordinated.

Why Long Island Families Create Trusts

The benefits of a well-structured trust go beyond simple asset transfer. For Long Island families, several considerations make trust planning particularly valuable.

Probate Avoidance
Assets held in a properly funded trust can transfer directly to beneficiaries without Surrogate’s Court involvement. New York probate can be time-consuming and costly, and a trust is designed to help families avoid that process for covered assets.

New York State Estate Tax Planning
New York has its own estate tax with an exemption threshold well below the federal level. Long Island estates that owe nothing federally may still face a New York State liability. An irrevocable trust structured for tax planning may help reduce that exposure for eligible estates.

Medicaid Planning
New York Medicaid imposes a five-year look-back period for nursing home care eligibility. A Medicaid trust, an irrevocable trust designed to protect assets from long-term care spend-down, must be created well in advance to be effective. Early planning matters here more than almost anywhere else in estate work.

Privacy
A will that goes through probate becomes a public record. A trust can transfer assets without court filings, helping keep your estate affairs private.

Special Needs Planning
A special needs trust can allow a beneficiary who receives Medicaid or Supplemental Security Income (SSI) to benefit from trust assets without losing eligibility for those government programs.

Incapacity Planning
A properly funded trust allows a successor trustee to manage assets if you become incapacitated, which can help avoid a separate guardianship proceeding in court.

We evaluate each client’s personal and financial situation to recommend the structure that fits their specific goals, whether that’s tax reduction, probate avoidance, asset protection, or long-term care planning.

Speak with a Long Island Trust Attorney at No Cost

With over 20 years of experience in trust planning and estate litigation, Jonathan E. Kroll & Associates, PLLC serves clients throughout Long Island, New York City, Westchester County, Rockland County, and New Jersey, including communities such as Roslyn, Woodbury, Hewlett, Jamaica Estates, Garden City, and Great Neck. Free consultations are provided directly by an attorney, giving you the opportunity to ask questions and understand your options clearly. Our reputation among attorneys and judges reflects the focused, practical counsel we bring to every matter. Online payments and credit cards are accepted. If you’re ready to protect your estate and your loved ones, call us to get started.