At Brumbaugh Law Firm, we help Elyria families with asset protection planning. Founding attorney Michael Brumbaugh has been licensed in Ohio since 1991, has served Northern Ohio families since 2002, and is a past president of the Ohio chapter of NAELA.
Asset protection planning arranges your home, savings, and legal documents under Ohio’s rules so more of what you own stays with your family if care is needed. Ohio Medicaid reviews asset transfers made in the 60 months before an application, a window called the look-back. Planning uses tools like trusts and retitling, and it works best before a crisis.
What Sets Brumbaugh Law Firm Apart
Education-First Planning
Our free “3 Secrets of Estate Planning and Asset Protection” workshop explains Ohio’s five-year Medicaid look-back before you commit to anything.
Care-Informed Planning
Pam Brumbaugh, a licensed social worker (LSW) and Director of Client Services (not an attorney), connects your care needs to your legal plan.
Help in a Medicaid Crisis
If someone has already entered care, we review what options may still exist, without promises or judgment.
Clear Scope, No Litigation
We take no courtroom cases. We handle estate planning, estate administration, and Medicaid planning only.
Plans That Are Signed and Funded
Under Ohio Revised Code Chapter 5816, the Ohio Legacy Trust Act in effect since March 27, 2013, only property actually transferred to the trust as a qualified disposition is protected. We help retitle your home and accounts so nothing is left outside the trust.
Local Trust Since 2002
Michael Brumbaugh, Ohio-licensed since 1991 and past president of Ohio NAELA, leads a BBB A+ rated team with a 4.9-star rating. Lorain County families can find upcoming workshops on our site.
What Clients Say About Brumbaugh Law Firm
“Turning what felt like an overwhelming process into something we could actually understand.” Terra U.
“We were going to lose our house, cars, everything… we were able to keep our house and cars.” John W.
“A huge burden off of our shoulders and our children’s plates.” James & Linda T.
“Even today, I know if I should ever need further assistance, I can call and be treated wonderfully well.”, Karen B
How Does Ohio’s Homestead Exemption Protect My House In Elyria?
Ohio’s homestead exemption shields a set amount of equity in your primary home from certain creditors, not the full value. The dollar limit adjusts every three years, so check the current figure. It does not stop a mortgage lender, a tax lien, or other secured claims.
The exemption does not address long-term care costs, because Medicaid follows its own rules. Ohio limits a single long-term care applicant to $2,000 in countable resources. Your home may be treated differently while you or a spouse live there, but it can still face estate recovery after death, and transfers to family fall under the five-year look-back.
The property tax homestead exemption through the Lorain County Auditor is a separate program that lowers your tax bill. It does not protect your home from long-term care costs.
Asset Protection Lawyer Services In Elyria
- Asset protection trusts
- Medicaid look-back analysis
- Home protection planning
- Crisis asset protection planning
- Power of Attorney
- Trust funding and retitling
- Long-term care cost planning
- Spousal asset protection
- Estate recovery protection
- Beneficiary designation review
Get Trusted Legal Support Today
For straightforward legal advice and representation, contact Brumbaugh Law. Call (419) 504-4674 to schedule your consultation.
What Is The Ohio Legacy Trust, And Does It Protect Assets From Creditors?
The Ohio Legacy Trust is an irrevocable trust that Ohio law lets you create for yourself. Set up correctly, it can protect the assets inside from many future creditors. You can still receive distributions, but only at the trustee’s discretion.
Ohio’s Legacy Trust Act requires at least one Ohio trustee, a spendthrift clause, and a sworn statement about your finances when assets go in. It does not shield transfers made to avoid debts you already owe, and some claims, such as certain support orders, can be treated differently.
A Legacy Trust is mainly a creditor protection tool. Ohio Medicaid can still count its assets because you remain a beneficiary. Families planning for nursing home costs usually need a different irrevocable trust, built around the five-year look-back Medicaid uses to review past transfers.
Either trust works only after it is set up and funded properly, including retitling accounts and your home into the trust’s name.
What Kinds Of Assets Can Creditors Typically Not Take In Ohio?
Ohio and federal law protect certain property from most creditors, though many protections have dollar caps and conditions. Common examples include:
- A limited amount of equity in your home under Ohio’s homestead exemption
- Most retirement accounts, such as IRAs, 401(k)s and public pensions like OPERS
- Social Security and certain other public benefits
- Some life insurance and annuity values
- Limited amounts of household goods and vehicle equity
Some creditors, such as the IRS and child support enforcement, can reach assets that others cannot.
Creditor rules are not Medicaid rules. Medicaid pays for long-term care once savings run low, and Lorain County Job and Family Services reviews gifts and transfers made in the 60 months before an application.
Get To Know Brumbaugh Law Firm
Brumbaugh Law Firm is an elder law and estate planning practice led by attorney Michael Brumbaugh, serving Northern Ohio families since 2002. From our Sandusky office, we help Lorain County families with Medicaid and long-term care planning, trusts, and plans that are signed and funded.
We are members of Ohio NAELA and a BBB Accredited Business with an A+ rating since March 2023. We hold workshops so your family can learn before you plan.
Our Asset Protection Planning Process For Elyria Families
1. Learn Before You Plan
Start at our “3 Secrets of Estate Planning and Asset Protection” workshop, or meet with an attorney first if care is already needed. You learn how Ohio Medicaid and its five-year look-back work before you commit to anything.
2. Review Your Situation And Assets
Bring your deed, recent account statements, and any existing will, trust, or beneficiary forms. We look at your home, savings, health, and family goals.
3. Explain Your Options
Your attorney walks through the tools that fit, such as an irrevocable trust (one you cannot easily change once signed) or new titling. You choose the path at your own pace.
4. Draft And Sign Your Documents
We prepare a financial power of attorney, which includes long-term care asset protection tools, and a separate health care power of attorney. You sign when every page makes sense to you.
5. Fund The Plan
We help retitle your home and accounts into the trust where the plan calls for it. A trust that is signed but never funded does little.
6. Review As Life Changes
Health, family, and Ohio law change over time. Come back for a review so your plan stays current.
Frequently Asked Questions About Asset Protection
How Does Ohio’s Five-Year Medicaid Look-Back Work If We Already Gave Our Kids Money Or Added Their Names To The House?
Medicaid reviews every transfer made in the 60 months before you apply. Gifts to children and adding a child to the deed are usually treated as transfers, which can trigger a period of Medicaid ineligibility. Reviewing what was moved and when shows whether anything can still be corrected.
Can Our Paid-Off Elyria Home Be Protected If One Of Us Needs Long-Term Care?
Often, yes. Ohio usually does not count the home while a spouse lives there or the owner plans to return. The house can still face estate recovery later, so planning looks at how it is titled and whether a trust or an exempt transfer makes sense.
If My Spouse Enters A Nursing Home, What Can I Keep To Live On At Home In Ohio?
Ohio lets the spouse at home keep a protected share of the couple’s savings plus some income. These protected amounts follow federal limits that change periodically , and planning can sometimes increase what the at-home spouse keeps.
What Is The Difference Between A Will, A Revocable Trust, And An Irrevocable Trust For Long-Term Care Planning?
A will directs property after death but protects nothing from care costs and never avoids probate. A revocable trust, which you can change, still counts for Medicaid but allows you to protect your assets from probate. An irrevocable trust, which you generally cannot change or reclaim, can shield assets from probate and from nursing home costs once the look-back period has passed.
Is It Too Late To Plan If A Parent Was Just Diagnosed With Dementia Or Already Entered Care?
No. Options can exist even after care begins, though earlier planning gives you more options. Crisis planning may still protect part of the savings, and acting before capacity declines keeps powers of attorney and other key documents possible.
Will Ohio Estate Recovery Take The House After Medicaid Pays For Care?
Ohio can seek repayment from a Medicaid recipient’s estate after death. Recovery is delayed while a surviving spouse or certain dependent children are living at the home, and assets placed in an irrevocable trust well before applying are generally beyond its reach.
What Does The 3 Secrets Workshop Cover, And Is The Drive To Sandusky Worth It From Elyria?
Michael Brumbaugh explains how trusts, the look-back, and Medicaid planning work. It also covers avoiding probate and protecting your children’s inheritances, all in one session worth the drive from Elyria.
Local Resources In Elyria For Asset Protection
- Lorain County Probate Court
Handles probate estate administration matters and guardianships for county residents.
- Lorain County Recorder’s Office
Maintains official records of deeds, mortgages, and property transfers.
- Lorain County Common Pleas Court
The general trial court presiding over civil and domestic relations cases in the county.
- Lorain County Clerk of Courts
Files and maintains court documents, judgments, and liens for the county’s court system.
- Elyria Municipal Court
A local court handling civil claims, small claims, and certain civil disputes within the city.
Schedule An Asset Protection Case Review In Elyria
Protecting what you have built in Elyria starts with knowing how Ohio’s rules apply to your home, savings, and family before a health crisis forces the decision. Whether you are planning years ahead or a parent already needs care, Brumbaugh Law Firm can help you see which options still fit your situation.
Call us to schedule a weekday case review, and bring your deed and recent account statements so our team can walk through your options with you.
