Testamentary Trusts Attorney in East Islip, NY

Experienced Attorneys Helping Secure Your Loved Ones’ Future

Creating and managing a testamentary trust can be a complicated process, which is why working with a testamentary trusts attorney in East Islip, NY is essential to ensure that your wishes are carried out and your beneficiaries are protected. If you have a significant property to leave to your heirs but want to control how that property is distributed after you die, a testamentary trust may be what you need.  

At Donato Law, we have extensive experience helping clients in East Islip, NY with their estate planning needs. Our legal team can provide guidance and support throughout the process, from identifying the best type of trust for your situation to drafting a comprehensive trust agreement. Contact us today to schedule a free consultation with our New York estate planning lawyers and learn more about how we can help you achieve your estate planning goals.

What is a Testamentary Trust?

A testamentary trust is a type of trust that is created according to the instructions in a person’s last will and testament. The trust is created to manage and distribute the assets of the deceased person according to their wishes and can provide for the long-term financial needs of the trust’s beneficiaries. 

Unlike a living trust, which is created during a person’s lifetime, a testamentary trust only goes into effect after death and is subject to probate proceedings. An East Islip testamentary trusts attorney can help you create a trust that gives you control over how your assets are distributed.

What are the Types of Testamentary Trusts?

There are many different types of trusts and various arrangements that can be made within them. The type of trust that you can use depends upon your wishes and financial priorities. An East Islip testamentary trusts attorney can help determine which type of testamentary trust is best suited to meet your specific needs and goals.

There are two types of testamentary trusts:

Separate Testamentary Trusts

Separate trusts are created for the benefit of a single beneficiary. The decedent’s estate is split evenly amongst beneficiaries and put into separate trusts for each person. The trustee has discretion over how and when the assets in the trust are distributed to the beneficiary. A separate trust is often used to provide for the financial needs of minor children or persons with disabilities.

Family Testamentary Trusts

Family trusts are created for the benefit of multiple beneficiaries. All assets remain in one trust and the trustee distributes support as directed by the terms of the trust. Family trusts are often used to provide for the financial needs of a family during periods of transition, such as divorce, death, or incapacity.

What are the Benefits of a Testamentary Trust?

Testamentary trusts can be a valuable tool in estate planning, providing a way to manage and distribute assets after death while offering tax benefits and protection from creditors. While you may not be as familiar with the function of a testamentary trust, it provides benefits that may be consistent with your overall goals. An East Islip NY testamentary trust lawyer can help you understand the advantages of establishing this type of trust as part of your estate plan.

Long-term Management of Assets

A testamentary trust gives the settlor more control over the timing of the distribution of assets after the settlor’s death. It provides a way to manage and distribute assets over an extended period, allowing the grantor to provide for the long-term financial needs of their beneficiaries. 

Control Over Asset Distribution

Creating a testamentary trust allows the settlor to retain control over their own assets during the settlor’s lifetime. The settlor can specify how and when assets will be distributed to their beneficiaries. This can be particularly useful when the beneficiaries are minors, have special needs, or are not capable of managing their own finances.

Asset Protection

One of the primary advantages of a testamentary trust is that it can offer asset protection for the beneficiaries. Since the assets in the trust are held separately from the beneficiary’s personal assets, they are less vulnerable to seizure by creditors or lawsuits.

What are the Disadvantages of Testamentary Trusts?

While testamentary trusts can offer significant benefits, they may not be the best fit for every situation. It’s important to consider the potential disadvantages before deciding whether to create a testamentary trust or pursue other estate planning options. A testamentary trusts attorney in East Islip NY can help guide you through this process and help you make the best decision for your specific needs and goals.


The primary purpose of most living trusts is to avoid probate. Unlike living trusts, testamentary trusts do not avoid probate. Since testamentary trusts are established in a will, they are subject to the probate process, which can be time-consuming and expensive. This may also mean that the assets held in the trust may not be available for distribution to the beneficiaries until the probate process is complete.

Limited Flexibility

Testamentary trusts are established in the grantor’s will and as such, can be more difficult to modify or revoke than other types of trusts. This can limit the grantor’s flexibility in terms of making changes to the trust as circumstances change.

Why Do I Need a Testamentary Trusts Attorney in New York?

A testamentary trust can be a great tool for most estate plans. To find out if a testamentary trust is right for you and what other estate planning tools can be used to complement it, it’s highly recommended that you work with our East Islip testamentary trusts attorney who is familiar with New York state laws and regulations. At Donato Law, we are committed to:

  • Navigating the probate process, ensuring that your testamentary trust is administered properly and efficiently.
  • Drafting the trust document in a way that is clear, comprehensive, and tailored to your unique situation.
  • Creating a personalized estate plan that meets your specific needs and goals.
  • Providing you with valuable legal advice and guidance throughout the estate planning process. 

Our legal team can provide you with peace of mind, knowing that your estate plan is legally sound and customized to your specific needs. We can also help ensure that your testamentary trust is structured in a way that maximizes tax benefits, protects your assets, and meets your long-term financial goals. Schedule a consultation with us today to learn more about how we can help you protect your assets and secure your family’s future.

Call Our East Islip NY Testamentary Trusts Attorney Now!

A testamentary trust can be an effective estate planning tool to protect your assets, provide for your loved ones, and reduce your tax burden. However, creating a testamentary trust can also be complex and involve potential disadvantages. To ensure that you create a testamentary trust that aligns with your specific goals and provides maximum benefits, it’s crucial to work with our East Islip testamentary trust attorney at Donato Law Firm. 

Our estate planning law firm is well-equipped to provide you with the effective legal advice, customized estate planning solutions, and asset protection you need. Whether you’re looking to create a testamentary trust, modify an existing estate plan, or navigate the probate process, we are here to guide you through the process and help you achieve your objectives. 

We can also help you deal with legal concerns involving family law and real estate law in East Islip, Suffolk County, and more areas in New York. Contact us today to schedule a consultation and take the first step toward securing your future.

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