- HOME / TRUSTS
Trusts
Bilingual estate planning for Orange County and the Hudson Valley.
A trust is one of the most powerful tools in estate planning, and one of the most misunderstood. Used correctly, a trust allows your assets to pass directly to your beneficiaries without going through probate, protects your property from creditors, provides for your family if you become incapacitated, and gives you control over how and when your assets are distributed after your death.
Rosado Law Group has established trusts for Orange County families, property owners, and investors for over 30 years. We determine whether a trust is right for your situation, select the appropriate structure, draft all trust documents, and guide you through the funding process. We are bilingual in English and Spanish.
Call (845) 669-6864 to speak with a trusts attorney in Orange County today.
WHAT IS A TRUST?
A trust is a legal arrangement in which a grantor transfers ownership of assets to a trustee, who holds and manages those assets for the benefit of one or more beneficiaries. Unlike a will, a trust takes effect immediately upon funding, operates privately without court involvement, and can provide for both lifetime management of assets and distribution after death.
Trusts are not only for the wealthy. Any Orange County property owner, investor, or business owner with real estate, financial accounts, or dependents can benefit from a properly structured trust. The right trust eliminates probate, protects assets, preserves privacy, and ensures your wishes are carried out exactly as you intend.
HOW LIVING TRUSTS AVOID PROBATE
When a grantor creates a living trust, they fund it by transferring ownership of their assets into the trust. A home placed in a trust requires a new deed naming the trust as owner. Bank accounts, financial accounts, and vehicles must be retitled in the name of the trust. Because the trust owns the property rather than the grantor, those assets pass directly to beneficiaries upon the grantor’s death according to the terms of the trust, without going through probate.
Probate in Orange County is handled by the Surrogate’s Court at 30 Park Place, Goshen, NY 10924. It can take months or years, involves court costs and attorney fees, and is a matter of public record. A properly funded trust eliminates this process entirely for the assets held within it. Assets not transferred into the trust during the grantor’s lifetime may still be subject to probate, which is why trust funding is as important as trust drafting. Rosado Law Group guides clients through the entire funding process to ensure no assets are left outside the trust unintentionally.
COMMON TRUST TYPES
There are many types of trusts, and the one you choose will depend on your needs and the needs of the people you want to share your money and property with. Some trusts, like wills, can be revoked or changed by a competent person.
The most common trust is a revocable living trust. This type of trust give the grantor full control over their property during their lifetime. This includes the power to sell, mortgage or transfer the property. Upon the death of the grantor a successor trustee is appointed in the document. This trust then becomes unchangeable to the successor trustee. The successor trustee must adhere to the wishes of the grantor and hold or transfer the property according the terms of the trust. In essence this type of trust is a do it yourself probate which will save the usual costs, attorney’s fees and time associated with an administration or probate.
The second most commonly utilized trust is an irrevocable trust. This type of trust generally cannot be revoked or modified without either a court order or written consent from all parties involved. However, it’s important to note that the specific language and provisions of the trust document, as well as applicable state law, will determine the extent to which modifications or revocation can occur. Our attorneys at Rosado Law Group can provide specific guidance and ensure compliance with the state’s laws and requirements.
One key benefit of an irrevocable trust is that it may help protect assets from being counted as part of an individual’s financial resources when applying for Medicaid benefits. Medicaid has strict income and asset limits, and transferring assets to an irrevocable trust can potentially remove them from the individual’s ownership and control, making them exempt for eligibility purposes after a specified period of time has passed. However, it’s important to note that Medicaid has certain look-back periods, which vary by state, during which transfers of assets may be subject to penalties and delays in eligibility. It’s crucial to plan ahead and consult with an attorney familiar with Medicaid rules in New York to navigate any potential pitfalls or limitations.
Additionally, while an irrevocable trust can play a role in asset protection and Medicaid planning, it is essential to consider the overall estate planning goals and potential trade-offs. For example, once assets are transferred into an irrevocable trust, the individual may lose control over those assets and may no longer be able to use them for their own benefit. It’s important to carefully consider the potential benefits and limitations of an irrevocable trust and consult with professionals to determine the best approach for your specific circumstances.
TRUST SERVICES ROSADO LAW GROUP PROVIDES
Our trusts attorneys provide the following services for Orange County clients:
Consultation to determine which trust structure is appropriate for your situation and goals. There is no one-size-fits-all solution, and the right trust depends on your assets, your family, and your long-term objectives.
Drafting of all trust documents, including the trust agreement, schedule of assets, and any ancillary documents required to establish the trust under New York law.
Guidance through the funding process, including preparing new deeds for real estate held in trust, retitling bank and financial accounts, and updating beneficiary designations to coordinate with the trust.
Coordination with your existing estate plan, including ensuring your will, power of attorney, and healthcare proxy work together with your trust as a unified plan.
FREQUENTLY ASKED QUESTIONS
What is the difference between a revocable and irrevocable trust?
A revocable trust can be amended or revoked by the grantor at any time during their lifetime and does not protect assets from creditors or Medicaid. An irrevocable trust cannot be easily changed once established, but it removes assets from the grantor’s estate, providing creditor protection and potential Medicaid planning benefits. The right choice depends on your specific goals and circumstances.
Does a trust avoid probate in New York?
Yes, but only for assets that have been properly transferred into the trust during the grantor’s lifetime. Real estate must be retitled by deed, and financial accounts must be retitled in the name of the trust. Assets left outside the trust may still be subject to probate in Orange County Surrogate’s Court. Rosado Law Group guides clients through the full funding process to ensure probate is avoided for all intended assets.
Do I need a will if I have a trust?
Yes. Even with a living trust, you should have a pour-over will as a safety net. A pour-over will directs any assets not transferred into the trust during your lifetime to flow into the trust upon your death. Without it, untitled assets pass under New York’s intestacy statutes rather than according to your trust’s terms.
Can a trust protect my assets from Medicaid in New York?
An irrevocable trust can remove assets from your countable resources for Medicaid eligibility purposes, but New York has a five-year look-back period. Assets transferred within five years of a Medicaid application may trigger penalties and delays in eligibility. Early planning is essential. Rosado Law Group advises Orange County clients on Medicaid planning strategies that comply with New York law.
How much does it cost to set up a trust in Orange County, NY?
The cost depends on the type of trust, the complexity of your assets, and whether coordinating documents such as a will and power of attorney are included. Rosado Law Group provides clear, upfront pricing after an initial consultation. Call (845) 669-6864 to discuss your situation.
Does Rosado Law Group handle trusts in Spanish?
Yes. Rosado Law Group is fully bilingual in English and Spanish. All consultations, trust documents, and legal guidance are available in Spanish. Si usted prefiere hablar en espanol, llamenos al (845) 669-6864.
Protect Your Assets and Your Family With the Right Trust
Whether you are establishing a revocable living trust to avoid probate, creating an irrevocable trust for asset protection and Medicaid planning, or setting up a special needs trust for a loved one, Rosado Law Group brings over 30 years of Orange County experience to your estate plan.
We are bilingual in English and Spanish. Our office is located at 103 Executive Drive, Suite 503, New Windsor, NY 12553.
Call (845) 669-6864 or complete our contact form to schedule a consultation.
PRACTICE AREAS
Residential Real Estate
Business LAW
WILLS
TRUSTS
ESTATE PLANNING
COMMERCIAL REAL ESTATE
Foreclosure defense
INVESTOR Service
LAND USE & ZONING
“My company worked with Gisele Rosado on two real estate transactions. Outstanding turnaround. Very knowledgeable and helped overcome hurdles with ease. We will definitely continue working with them.”
– Richard G.
Why Choose Rosado Law Group?
- FULL-SERVICE FIRM
We provide comprehensive legal counsel in real estate, business law, and estate planning — all under one roof.
- INVESTOR-FRIENDLY APPROACH
We understand real estate investing strategies, creative financing, entity structuring, and risk mitigation — not just traditional closings.
- STRATEGIC & PROACTIVE
We anticipate issues before they become costly problems, ensuring smoother transactions and long-term protection.
- EXPERIENCE & LOCAL INSIGHT
With over 30 years of service in the Hudson Valley, we understand New York law and the local landscape that impacts your business and property decisions.
