In today’s episode, I sit down with Clay Snider, probate attorney and senior associate at Sammartino Law Group, to discuss what probate really looks like and why it’s one of the most misunderstood and frustrating legal processes a family can face after losing a loved one. They break down the differences between wills, trusts, probate, and administration, and why so many families end up in a lengthy, expensive court process simply because they never planned ahead.
They also explore the five-year Medicaid look-back rule, what happens when someone dies without a will, how minor children complicate estate distribution, why trusts offer far more privacy and protection than wills, and what families can do right now to protect their assets and spare their loved ones from the nightmare of probate court.
Timeline Summary
- 00:00 – Introduction of Clay Snider of Sammartino Law Group and his background in probate law and how his elder law externship sparked his passion for estate planning.
- 03:50 – Why probate is the nemesis of families dealing with a deceased parent or spouse, and how the older generation’s belief that trusts were only for the wealthy has led so many into unnecessary probate.
- 08:07 – What probate actually is: filing a will with the courts, the proceeding that follows, and how it differs from administration without a will.
- 11:18 – What New York State law says about who inherits when there is no will — and why many spouses are shocked to learn their kids are automatically involved.
- 12:34 – What happens when minor children are involved and why the court must approve a property management guardianship before any money is distributed.
- 18:45 – How courts scrutinize wills with a fine-tooth comb, catching typos, inconsistent dates, and errors that require affidavits and tracking down witnesses.
- 20:32 – Who distributors are and why even people not named in a will must sign waivers or appear in court — and how one uncooperative sibling can add months to the process.
- 24:41 – How families that got along perfectly before a death suddenly find themselves at war over houses, money, and perceived fairness.
- 26:09 – Why probate typically takes 6 to 9 months, and how some cases drag on for years.
- 33:25 – The five-year Medicaid look-back rule explained and how Medicaid can attach a lien to your home if it wasn’t in a trust in time.
- 36:15 – Why there is almost no reason for a middle-class Long Island homeowner to choose a will over a trust and why wills become public record, opening families up to solicitors and creditors.
- 42:24 – The real cost comparison between a will and a trust, and why percentages are always better than fixed dollar amounts in estate documents.
- 50:10 – The single biggest takeaway: if you own a home, you need a trust. The cost and time savings versus probate make it the clear choice.
- 54:29 – What happens when everything is stuck in probate and the house still needs to be maintained with no way to access funds to cover the costs.
5 Key Takeaways
- If You Own a Home, You Need a Trust A will alone almost guarantees probate — a process that can take 6 months to several years, cost thousands of dollars, and create unnecessary conflict for your family. A trust avoids all of that.
- Dying Without a Will Creates Serious Problems New York State decides who gets your assets — and it may not be what you intended. Your surviving spouse does not automatically get everything, and minor children complicate things dramatically.
- Probate Is Public, a Trust Is Private When a will goes through probate it becomes public record. Real estate companies, creditors, and solicitors actively monitor probate filings to target grieving families. A trust keeps everything completely private.
- The Five-Year Medicaid Look-Back Rule Is Real If your home is not in a trust at least five years before you need nursing home care, Medicaid can attach a lien to your property and recover its costs when the house is eventually sold.
- Plan Now, Before a Crisis Forces the Conversation The biggest barrier to estate planning is discomfort. But waiting until something happens means your family pays the price, in time, money, and emotional stress, during the hardest period of their lives.
Links and Resources:
Learn about Sammartino Law Group Sammartino & Sultan Law Group:
- Website: www.ss-lawgroup.com
- Phone: (631) 505-1086
- Email: Info@sslawgroup.com
- Social Media: @sslawgroup
Learn about Leave The Key Homebuyers Senior Transition Service:
- Website: https://leavethekey.com/seniors
- Phone Number: (631) 388-7771
Final Thoughts
A trust is not just for the wealthy, it is the smartest move any homeowner can make to protect their assets and spare their family from months of court proceedings. Plan ahead before a crisis forces the conversation.
If this episode helped you understand probate and estate planning, please subscribe, share, and leave a review. These conversations help families make informed decisions before it’s too late.
