Schlessel Law, PLLC

Trust Law

Our attorneys are admitted to practice law in New York and New Jersey

The foundation of estate planning lies in honoring your wishes—especially when it comes to passing assets on to the people you care about most. A comprehensive estate plan can do more than just distribute wealth—it can protect your assets, ensure smooth business succession, and help your family avoid burdensome estate or death taxes. With the right tools, you can also shield your loved ones’ inheritance from creditors and provide continued support for elderly relatives or those with special needs, while preserving eligibility for government benefits.

Two of the most widely used tools in estate planning are wills and trusts. A Will is a fundamental document that outlines your intentions for how your assets should be distributed and who should benefit from them. It’s often suitable for individuals with modest estates seeking a straightforward solution.

For those with more complex estates, a Trust offers greater control and protection. Once assets are transferred into a trust, they are typically safeguarded from probate, taxes, and creditors. Trusts are also an excellent way to ensure that your assets are managed and distributed exactly as you wish, both during your lifetime and after.

At Schlessel Law, PLLC, we’ve been helping families throughout Nassau County and Suffolk County make informed decisions about their futures. Long Island trust attorney Seth Schlessel is known for his strategic approach and compassionate guidance when creating personalized trust solutions.

Contact us at (516) 574-9630 to speak with an experienced Long Island estate planning lawyer in Nassau County or Suffolk County, Long Island.

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Experienced Trust Attorney on Long Island, NY

Trusts play a vital role in building a solid estate plan. Working with a skilled trust lawyer in Nassau County can help you structure your estate to protect your assets and ensure a smooth transfer to your loved ones. When thoughtfully crafted, tools like trusts and wills can provide clarity, minimize complications, and safeguard your legacy.

Establishing a trust may help you avoid the lengthy probate process and reduce potential capital gains taxes. Before setting up a trust in New York, it’s wise to consult with an experienced estate planning attorney serving Nassau and Suffolk Counties. At Schlessel Law, PLLC, attorney Seth Schlessel offers trusted guidance to help families secure their future.

Call us today to schedule a personalized consultation with a Nassau County or Suffolk County trust attorney.
CALL (516) 574-9630

Discover the power of a personalized trust.

Call Schlessel Law, PLLC at (516) 574-9630 today for a free consultation with our dedicated trust attorneys.

Why Establishing a Trust Matters

A trust is a powerful estate planning instrument that allows individuals to organize and distribute their assets according to their wishes. The person who creates the trust—known as the grantor—can appoint a trustee to manage and oversee the assets based on the specific terms laid out in the trust. In many cases, the grantor may also serve as the trustee during their lifetime.

Trusts can serve a range of personal, financial, and legal purposes. One of the primary benefits is the ability to maintain control over how assets are handled and passed on after death. Trusts can also help minimize tax burdens, preserve wealth, and potentially support Medicaid eligibility when long-term care is needed.

For families planning for the future care of children, or for loved ones with special needs, a trust can offer long-term structure and peace of mind. Some of the key advantages of having a trust include:

  • Avoiding the probate process
  • Faster access to assets for beneficiaries
  • Enhanced privacy and asset protection
  • Potential reduction in estate and gift taxes
  • Ability to set specific conditions for asset distribution

At Schlessel Law, PLLC, we work closely with clients to design customized trusts that reflect their goals and values. Attorney Seth Schlessel, an experienced estate planning lawyer serving Long Island, brings both knowledge and compassion to every case. To schedule a free consultation with our trust attorneys in Nassau County or Suffolk County, contact us today.

Schlessel Law, PLLC

I highly recommend working with Seth, he spent his time explaining everything in detail with me, and he was really patient answering all my questions and concerns.

Eman N.
Client

Our Recent Articles

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Recent Articles

Schlessel Law, PLLC

Navigating Legal Waters: A Guide to Choosing Your Local Attorney Near Me

October 22, 2025

Choosing the right attorney near you is crucial when navigating legal waters. This comprehensive guide helps you understand your unique needs, match them with specialized legal expertise, and leverage online resources for informed decision-making. From estate planning to personal injury and business matters, learn how to select an attorney who aligns with your values and expectations.

Schlessel Law, PLLC

Estate Planning in 2025: Navigating Tomorrow's Legal Landscape

October 17, 2025

As we approach 2025, estate planning is rapidly evolving with new legal frameworks and technological advancements reshaping asset protection strategies. This article explores the historical context of estate planning, emerging trends, and practical steps families can take to secure their legacy in a changing landscape, with a focus on Long Island's unique regulations.

Schlessel Law, PLLC

Navigating Medicaid Eligibility: A Comprehensive Guide

October 10, 2025

Medicaid eligibility can be complex, with income thresholds and asset considerations varying by state. This guide simplifies the process, exploring essential concepts like countable versus non-countable income and assets, and providing strategies for asset protection through trusts and other legal mechanisms. By understanding these nuances, individuals can confidently assess their situation and plan for long-term care needs.

Common Types of Trusts in Nassau County, Long Island

There are several types of trusts available, each designed to serve different estate planning goals. Whether you're looking to preserve assets, minimize estate taxes, avoid the probate process, or provide ongoing support for loved ones, a trust can be a powerful legal tool.

In New York State—including Nassau County and throughout Long Island—some of the most widely used trusts include:

Irrevocable Trusts

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An irrevocable trust serves as a key tool for long-term asset protection. By transferring assets into this type of trust, the grantor gives up ownership and control, which can help shield those assets from being counted for Medicaid eligibility. This strategy is especially useful for individuals planning ahead for the high costs of nursing home or in-home care. In some situations, an irrevocable trust may also support qualification for assisted living programs, helping preserve wealth while ensuring access to necessary care.

Special Needs Trust

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A Special Needs Trust—also called a Supplemental Needs Trust—is designed to provide ongoing care for a child or loved one with special needs without jeopardizing their eligibility for government benefits like SSI or Medicaid. This type of trust can be set up during the grantor’s lifetime as a living trust or through a provision in their Will.

The assets in a special needs trust can be used to enhance the beneficiary’s quality of life by covering expenses that government programs don’t pay for. These may include personal care services, recreational activities, specialized therapies, vacations, or even home modifications tailored to the individual's needs.

Irrevocable Life Insurance Trust (ILIT)

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An Irrevocable Life Insurance Trust (ILIT) is a valuable estate planning tool for individuals with estates that may exceed New York or federal estate tax thresholds. By placing a life insurance policy within an ILIT, the policy proceeds are excluded from your taxable estate, potentially saving your heirs thousands—or even hundreds of thousands—in estate taxes.

As the trust's creator, you can appoint a trustee and name the beneficiaries, while also setting detailed instructions on how the funds should be managed or distributed. Because the ILIT owns the insurance policy, the death benefit is paid directly to your chosen beneficiaries—such as children or loved ones—without passing through your estate or your spouse’s estate. This strategic structure helps maximize the value of your life insurance by avoiding unnecessary taxation.

Revocable Trust

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A revocable trust allows you to transfer assets into the trust while retaining complete control over them during your lifetime. You can change, amend, or dissolve the trust at any point. When the trust creator passes away, the assets are distributed directly to the beneficiaries listed—often as outlined in a Will.

One of the main advantages of a revocable trust is that it helps avoid probate, the often time-consuming legal process of validating a Will. Probate can take months and may become complicated if there are disputes among heirs. A revocable trust simplifies the transfer of assets and can help minimize family conflicts. However, it’s important to note that this type of trust does not provide asset protection. If safeguarding your assets from creditors or long-term care costs is a priority, an irrevocable trust might be more suitable.

Charitable Trust

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Charitable trusts come in several forms, but one of the most widely used is the Charitable Remainder Trust (CRT). A CRT allows you to donate assets to a trust while retaining an income stream for yourself or a chosen beneficiary, either for life or for a specified number of years. At the end of the trust term, the remaining assets are distributed to a designated charity.

One of the key benefits of a Charitable Remainder Trust is the ability to claim an immediate charitable income tax deduction based on the value of the future charitable gift. In addition, the trust can sell appreciated assets without incurring capital gains taxes, making it an efficient tool for both philanthropy and financial planning. A CRT allows you to support a cause you care about while also providing financial advantages during your lifetime.



At Schlessel Law, PLLC, our Long Island estate planning team has extensive experience with a wide range of trusts. We use this knowledge to help clients choose the right trust for their unique goals and circumstances. During your consultation, attorney Seth Schlessel will walk you through how trusts function and help determine whether incorporating a trust into your estate plan is the right step for you.

If you're looking for a trust attorney in Nassau or Suffolk County on Long Island, give us a call at (516) 574-9630 to schedule your free consultation.
 

Selecting an Estate Administrator

When drafting a will, individuals have the right to appoint someone they trust to serve as their estate administrator, also known as an executor. In New York, this person must be either a U.S. citizen or a legal resident. Someone who lives outside the U.S. and is not a citizen cannot serve as an executor unless they do so jointly with someone who meets the legal residency or citizenship requirements.

An estate administrator should be someone dependable, detail-oriented, and capable of exercising sound judgment. This person will be responsible for carrying out your wishes, which may include working closely with an attorney, notifying heirs and creditors, managing estate assets, and providing the necessary paperwork to the Surrogate’s Court. Because estate administration can be a complex and time-consuming task, the ideal candidate is someone organized and fully prepared to manage the process responsibly.

If an executor neglects their responsibilities, beneficiaries or other interested parties can petition the court to compel action. Additionally, executors are required to provide a full accounting of all income and expenses related to the estate. If this information is withheld, the court can order a formal accounting to ensure transparency and protect the rights of all parties involved.

How to Fund a Trust in New York

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Once your trust has been established and properly named, the next critical step is funding it. Funding a trust means transferring ownership of your assets into the trust’s name, making the trust the legal owner. Without funding, the trust cannot serve its purpose—whether that’s asset protection, probate avoidance, or long-term estate planning.

Each type of asset has its own transfer process. For real estate, you’ll need to prepare and file a new deed that names the trust as the property owner. If there’s an existing mortgage, lender approval may be required. Bank accounts typically require you to work directly with your financial institution to retitle the account or establish new trust accounts.

Properly funding your trust is essential for it to function as intended. Consulting an experienced estate planning attorney can help you avoid costly mistakes and ensure your trust is fully effective. The legal team at Schlessel Law PLLC in Long Island is here to guide you. Contact us today to schedule a consultation with Seth Schlessel and learn how we can help you protect your assets through a well-funded trust.


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Estate Planning: Choosing Between a Will and a Trust

Both wills and trusts are important components of a well-rounded estate plan, but understanding their differences is key to deciding which is right for you. Each tool offers unique advantages, such as avoiding probate, designating decision-makers in case of incapacity, or providing ongoing financial support to your loved ones.

A will requires the property transfers to go through probate—a court-supervised process that validates the will and oversees asset distribution. Probate can be time-consuming and expensive. On the other hand, a trust allows you to transfer ownership of your assets during your lifetime and manage their distribution after your death. Trusts can help avoid probate altogether, enabling quicker access to assets and potentially reducing associated costs.

CALL (516) 574-9630

Contact Schlessel Law, PLLC, leading trust attorneys in Nassau County, Long Island.

Attorney Seth Schlessel and the dedicated team at Schlessel Law, PLLC bring extensive experience in New York trust law to help you navigate your unique circumstances. We work closely with you to identify the trust solutions best aligned with your personal and financial objectives. The right trust can offer valuable benefits such as enhanced privacy, estate protection, and asset preservation.

Estate planning is often a deeply personal and emotional journey. Our Nassau County trust attorneys at Schlessel Law, PLLC appreciate the individuality of every estate and are committed to honoring your specific wishes. Seth Schlessel personally oversees every trust arrangement, providing expert guidance throughout the entire process.

Contact us at (516) 574-9630 today to schedule a consultation in Nassau County or Suffolk County on Long Island.
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34 Willis Avenue, Suite 300
Mineola, NY 11501