At Jarvis Law Office, P.C., our irrevocable trust attorneys help Ohio families protect assets, avoid probate, and prepare for long-term.
Since May 2003, our team has focused on trust planning, hands-on asset funding, and ongoing support. As an active member of the Ohio State Bar Association with more than two decades of experience and over 35 professionals on staff, we bring depth and structure to every plan we build.
An irrevocable trust is a legal arrangement where assets are transferred into a trust managed by a trustee under the rules set when the trust is created. Once funded, the terms generally cannot be changed, and the assets no longer belong to you personally.
According to the Administration for Community Living’s 2023 Profile of Older Americans, Ohio had 2,162,198 residents age 65 and older in 2022, making long-term asset and care planning a real priority for many families.
At Jarvis Law Office, P.C., we make the process manageable by aligning trust documents with your real assets through hands-on funding, and supporting your family long after the plan is signed.
Our Irrevocable Trust Services in Ohio
Trust Funding Support
Trustee Guidance
Beneficiary Planning
Trust Administration
WE WILL SPEAK FOR YOUR RIGHTS
Contact us for a free, no obligation consultation to discuss your options. You may find that you are entitled to payment if your claim was denied or underpaid. Let Jarvis Law Office be your advocate
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Why Choose Jarvis Law Office for Irrevocable Trust Planning
Hands-On Asset Funding
We do not stop at signed documents. Our team helps retitle accounts, deeds, and assets so the trust is fully funded and ready to function.
One-Time Flat Fee
You pay once. No monthly charges, no insurance-style premiums, no surprise invoices years down the road.
Education-First Planning
We teach you how your trust works and give you the tools to manage it confidently, including guidance on the 60-day trustee notice required under Ohio Revised Code.
Probate Avoidance Focus
Every plan is built to keep your family out of probate court and protect what you have spent a lifetime building.
Collaborative, Not Combative
We work alongside your existing financial advisor instead of pushing them out, so your full team stays aligned.
Ohio-Licensed and Accountable
Licensed by the Supreme Court of Ohio and an active member of the Ohio State Bar Association, with a 4.8-star reputation across 146 client reviews.
Revocable vs. Irrevocable Trusts in Ohio
Choosing between revocable and irrevocable trusts comes down to one tradeoff: how much control you want versus how much protection you need.
Revocable Living Trust
You stay in control. You can change beneficiaries, move assets in or out, or dissolve the trust entirely. It helps your family avoid probate in Ohio’s county courts and keeps your affairs private. The downside: because you still control the assets, they remain reachable by creditors and counted for Medicaid and estate tax purposes.
Irrevocable Trust
You give up direct control in exchange for stronger protection. Once assets are properly transferred and the look-back period is satisfied, they may be shielded from long-term care costs, lawsuits, or estate taxes. The tradeoff is flexibility. Changes are limited and usually require beneficiary consent or court involvement.
Which One Fits You?
Many Ohio families use a revocable trust as their foundation and add an irrevocable trust for specific protection goals. The right answer depends on your assets, your health, and your family situation. That is a conversation worth having with an attorney before you sign anything.
Medicaid, Asset Protection, and Tax Considerations for Your Ohio Trust
A properly drafted irrevocable trust can support long-term care planning, shield assets from future creditors, and reduce estate tax exposure when funded the right way. Timing is critical.
Ohio’s Medicaid transfer rule looks back 60 months for certain long-term-care asset transfers, and the Legislative Service Commission reported that $33.5 million was used in FY 2024 for Medicaid estate-recovery cases involving estates under $20,000.
A few realities to keep in mind:
- Transfers made inside the five-year lookback can trigger a Medicaid penalty period.
- Income generated inside the trust may still be countable or taxable depending on the structure.
- Asset protection only works against future creditors, not claims that already exist.
- Tax treatment varies based on grantor status, gift reporting, and step-up in basis rules.
Understanding Trustees, Beneficiaries, and Trust Administration
A trustee is the person or institution responsible for managing trust assets according to the terms set out in the trust document. Their duties include investing assets prudently, keeping accurate records, filing tax returns, communicating with beneficiaries, and distributing funds as directed.
Under Ohio Revised Code Chapter 5808, trustees owe beneficiaries duties of loyalty, impartiality, and good faith. Beneficiaries have the right to request information about the trust and, in many cases, formal accountings of how assets are being handled.
Problems can surface when trustees fail to communicate, mismanage funds, show favoritism, or refuse to provide records. Beneficiaries may have grounds to petition the probate court for an accounting, removal of the trustee, or surcharge for losses caused by a breach of duty.
If you are serving as a trustee and want to administer the trust correctly, or you are a beneficiary worried something is off, Jarvis Law Office helps Ohio families resolve these issues with clear advice and practical next steps.
About Jarvis Law Office, P.C.
Since May 2003, Jarvis Law Office, P.C. has helped Ohio families plan for the future with clarity and confidence. Our team focuses on estate planning, elder law, Medicaid planning, probate avoidance, trust and will planning, care navigation, veterans benefits, and special needs estate planning.
We built this firm to be a long-term partner, not a one-time transaction. That means hands-on help funding your trust, plain-language education so you understand every decision, and a flat-fee structure with no recurring insurance-style charges. We also work alongside your existing financial advisors rather than replacing them.
More than two decades in, our mission has not changed. We protect what you have worked for, preserve your dignity, and give your family the peace of mind that comes from a plan that actually works when it is needed most.
Our Process For Ohio Families
1. Goal Review
We start by listening. You share your family situation, assets, and what you want to protect, and we clarify what an irrevocable trust can and cannot do.
2. Trust Strategy Session
Our team maps out a plan tailored to your goals, whether that means Medicaid planning, asset protection, or tax positioning under Ohio law.
3. Document Design
We draft your trust documents in plain language so you actually understand what you are signing before you sign it.
4. Asset Funding Guidance
This is where most plans fail elsewhere. We roll up our sleeves and help retitle accounts, deeds, and assets into the trust so the plan actually works.
5. Family Education
We walk your trustees and beneficiaries through their roles, so no one is left guessing when the time comes.
6. Long-Term Support
Life changes. We stay available for updates, questions, and guidance for years to come, with no recurring monthly fees.
Frequently Asked Questions About Irrevocable Trusts in Ohio
If I put my house into an irrevocable trust to protect it from nursing home costs, can I still live there and what happens if I need to sell it later?
Yes, you can continue living in the home after transferring it into an irrevocable trust, and this is one of the most common Medicaid planning strategies in Ohio. The trust becomes the legal owner, but the trust terms can give you a lifetime right to occupy the property. If you need to sell later, the trustee handles the sale and the proceeds stay inside the trust, which keeps the asset protection intact.
How does the Medicaid five-year lookback actually work in Ohio, and does every transfer into an irrevocable trust trigger a penalty?
Ohio follows the federal 60-month lookback for nursing home Medicaid, meaning the state reviews asset transfers made in the five years before your application. Transfers into an irrevocable trust during that window can create a penalty period where Medicaid will not pay for care.
Can I be the trustee of my own irrevocable trust, or does that defeat the purpose?
In most cases, no, you should not serve as trustee of your own irrevocable trust if asset protection or Medicaid eligibility is the goal. Acting as trustee gives you control that courts and Medicaid may treat as ownership, which can pull the assets right back into your estate. A spouse, adult child, sibling, or independent trustee usually fills the role.
What is the difference between a Medicaid Asset Protection Trust and a regular irrevocable trust, and do I need a special one for Ohio?
A Medicaid Asset Protection Trust is a specific type of irrevocable trust drafted to meet Ohio Medicaid rules while still allowing you some retained rights, like income from trust assets or the ability to live in a transferred home. A generic irrevocable trust may not include the right language to qualify under Ohio Administrative Code provisions governing Medicaid.
If I create an irrevocable trust, can my kids force me out or change the terms without my permission?
No, the beneficiaries of an irrevocable trust generally cannot remove you, change the terms, or override the trustee on their own. The trust is governed by the document you signed and Ohio Trust Code provisions, not by what beneficiaries want later.
Do I lose the step-up in basis on my home or investments when I move them into an irrevocable trust?
Not necessarily, and this is one of the most misunderstood points in trust planning. If the trust is drafted so the assets remain includible in your taxable estate at death, your beneficiaries still receive the full step-up in basis under Internal Revenue Code Section 1014.
What happens to an irrevocable trust if the laws change after I set it up?
Ohio trust law and federal Medicaid rules do shift over time, but a properly drafted irrevocable trust includes provisions to adapt without starting over. Tools like trust protectors, decanting under Ohio law, and nonjudicial settlement agreements allow updates when circumstances change.
Is it worth setting up an irrevocable trust if my estate is under the federal estate tax exemption?
Absolutely, because estate tax is only one reason people use these trusts. For most Ohio families, the bigger drivers are nursing home cost protection, probate avoidance, protecting an inheritance from a child’s divorce or creditors, and providing for a special needs beneficiary. Even modest estates can be wiped out by a few years of long-term care, which averages over $8,000 per month in Ohio nursing facilities.
What Ohio Clients Say About Jarvis Law Office
“Just got our planning in place and it was a very informative and painless process.” – Courtney Patesel
Estate planning feels heavy until it does not. Courtney’s words reflect what we hear often: the process is calmer and clearer than people expect.
“He took the time to explain every detail clearly, which made a complicated situation much easier to understand.” – Luke Beard
Trust law is dense. Luke’s review shows our education-first approach, where every term and decision is broken down in plain English.
“She was friendly, professional, and went above and beyond to help me… someone who genuinely cares.” – Nate Titi
Compassion matters when you are planning for your family’s future. Nate’s experience reflects how our team treats every client who walks through the door.
“He’s had over 20 years experience… makes me feel better about choosing his firm.” – MaryEllen Gainer
Two decades of Ohio trust work means fewer surprises and more confidence. MaryEllen’s note speaks to the steady, experienced hand clients rely on.
“From intake to years down the road when you need to just refresh your memory on how things work.” – Courtney Patesel
Our relationship does not end at signing. Courtney’s review shows the long-term support clients count on as life and laws change.
Local Resources in Ohio
- Supreme Court of Ohio Probate Forms
- Ohio Legal Help
- Pro Seniors Legal Helpline
- Ohio Department of Aging
- Ohio Long-Term Care Ombudsman Program
- Central Ohio Area Agency on Aging
- Council on Aging of Southwestern Ohio
- Direction Home Akron Canton Area Agency on Aging & Disabilities
- Franklin County Probate Court
- Cuyahoga County Probate Court
- Hamilton County Probate Court
- Summit County Probate Court
- Franklin County Recorder
- Cuyahoga County Fiscal Office
- Hamilton County Recorder’s Office
Schedule an Irrevocable Trust Consultation in Ohio
Protecting your assets and your family starts with a single conversation. The team at Jarvis Law Office, P.C. is ready to review your goals, answer your questions, and build an irrevocable trust strategy that fits Ohio law and your life.
Call us to schedule a confidential consultation. We will help you understand your options, explain the costs upfront, and guide you through every step with care.
