BUSINESS ATTORNEY · AKRON, OH
Real Estate Asset Protection in Akron, OH
Spatz Law Group helps families in Akron and across Northeast Ohio who own rental and investment properties set up the right ownership structure inside their trust, so trouble at one property doesn't reach your home, your savings or your other properties.
One tenant claim shouldn't put everything at risk
If a rental is titled in your own name, a tenant injury or a dispute over that property can reach everything else you own. Even a revocable trust doesn't change that. It keeps the property out of probate, but it doesn't wall one property off from another. Holding each rental, or a small group of them, in its own company keeps a claim against one property with that property.
Your trust and your properties, working together
The company holds the properties, and your revocable living trust owns the company. You get both protections: the company keeps property risks separate, and the trust keeps everything out of probate. If something happens to you, your successor trustee steps in to collect rent, pay the bills and look after the properties without waiting on a court.
Deeds, mortgages and insurance, handled together
Moving a property into a company means a new deed recorded with the county, and it touches your mortgage, title insurance and liability coverage. Most mortgages let the lender call the loan if a property is transferred without consent, so your lender is part of the conversation from the start. Your deeds are prepared and recorded for you, so there are no loose ends left for you to file.
Keeping the protection once you have it
The structure only protects you if it's treated as separate: its own bank account, leases signed in the company's name and rent that never mixes with your personal money. Those simple habits are what make the protection hold up if it's ever tested, and you'll know exactly what they are before you leave.
Your attorney
Debra A. Spatz
Licensed in Ohio since 2008 · Ohio Supreme Court Reg. #0083356
Chicago-Kent College of Law · University of Illinois, Finance
Meet DebraBefore your first conversation
Bring the deed to each rental or investment property, current mortgage statements, your landlord and umbrella insurance policies, your current leases and your existing will or trust.
★★★★★Google review
If you are looking for a local estate attorney in Bath, Ohio, Deb Spatz with Spatz Law Group is truly exceptional. I know several people who have worked with Deb, and they consistently share nothing but positive experiences. Deb takes the time to get to know you and your story, allowing her to create a plan that brings real peace of mind for you and your family. She even offers the option to record a legacy video for your loved ones, which is an incredibly meaningful and lasting gift. Do not wait until it is too late. I highly recommend calling Deb today.
Frequently Asked Questions
Isn't my revocable trust enough to protect my rental properties?
It's enough to keep them out of probate, but not to protect you from lawsuits. You control a revocable trust completely, so the law treats what's in it as yours. Pairing your trust with the right company structure adds the liability protection a trust alone doesn't give.
Should every rental property be in its own company?
Not always. Some owners hold each property separately, and others group a few lower-risk properties together. Ohio also allows series LLCs, which can hold properties in separate series under one company, but they're still new and some lenders and title insurers handle them cautiously. The right setup depends on how many properties you own, how they're financed and how much risk each one carries.
Should I move a mortgaged rental property into a company?
Be careful. Most mortgages allow the lender to call the loan if the property is transferred without consent. Some lenders agree to the transfer, and in other cases a different approach works better. Check before you sign a new deed.
Does this change how my rental income is taxed?
Usually not. A company owned only by you or your revocable trust is generally ignored for income tax, so rental income and deductions still show up on your personal return. It's still worth a conversation with your accountant before you make changes.
What happens to my rental properties when I die?
If your trust owns the company that holds the properties, your successor trustee can step in right away to manage them, then keep them, sell them or pass them to your family as your plan directs. No probate case is needed, and your family's business stays private.
Does this protect my properties from nursing home costs?
No. This structure protects against lawsuits and claims tied to the properties. Protecting savings from long-term care costs is different planning that uses certain irrevocable trusts and depends on Ohio's Medicaid lookback.