David P. Weimer, Attorney at Law, is the principal in the law firm of Weimer Law Firm LLC, which is located at 1790 Town Park Blvd., Suite B, (City of Green) Uniontown, Ohio 44685. Dave specializes in estate and business planning, as he enjoys helping clients preserve their family wealth through the use of wills, trusts, family limited partnerships, corporations and a variety of other legal entities.
Weimer Law Firm LLC
1790 Town Park Blvd., Suite B
(City of Green) Uniontown, Ohio 44685
Dave grew up in Cuyahoga Falls and graduated with honors from Cuyahoga Falls High School. He then went on to Denison University, where he graduated with honors in political science. Dave obtained his law degree from the University of Akron in 1985. He lives in the City of Green with his wife, Tonya, and four children.
Dave is a member of numerous local, state and national bar associations. Dave is a past-president of the Summit County Children Services Board and has volunteered at the Green YMCA and Green Chamber of Commerce.
Weimer Law Firm LLC can help you with wills, trusts, estate planning, probate, real estate, asset protection, business law, corporate law, and personal injury and business litigation as well as Medicaid and Nursing Home planning.
BUSINESS AND ESTATE PLANNING:
In the area of estate planning, Mr. Weimer provides simple, or customized wills depending upon the client’s circumstances. If the client wishes to avoid probate, a number of options are available such as revocable trusts, joint and survivorship property, transfer on death deeds, intervivos gifting of real and personal property, the use of Family Limited Partnerships, and a variety of estate planning techniques.
Estate Planning may also include the use of Durable Powers of Attorney for property management, Health Care Powers of Attorney and Living Wills. Each of these specific legal documents will be tailored and customized for the needs of the individual client. Estate tax savings may be achieved through the use of revocable living trusts, Family Limited Partnerships, Limited Liability Corporations (or partnerships) and corporations (both C and S).
Mr. Weimer also works with various other professionals, such as accountants and insurance professionals to ensure that the maximum tax savings are achieved. This may include the use of annuities and life insurance and they include the device known as the Irrevocable Life Insurance Trust to reduce, or completely eliminate estate taxes.
For the client with specialized asset protection needs, Mr. Weimer provides a variety of legal techniques to preserve family wealth, good use of Family Limited Partnerships, and other legal entities, which may be established in the state of Ohio, Delaware, Nevada or other jurisdictions. In addition, Mr. Weimer has experience in the establishment of Foreign Asset Protection Trusts and International Business Corporations (IBCs).
Business clients may wish to consult with Mr. Weimer to decide which legal entity is preferable for their particular business situation. For example, a regular corporation (C-Corporation) may be most useful or perhaps an S-Corporation, which is taxed as a partnership, would work best. In other circumstances a Limited Liability Corporation (LLC) or a Family Limited Partnership would serve the business and / or personal estate planning needs of the client. Ongoing business services include regular and special meetings of shareholders and directors as needed, along with a variety of other corporate services advising the client on employee relations, tax matters, and corporate liabilities.
Also available for the corporate client are business litigation services, including debt collection services and enforcement of judgments. Mr. Weimer regularly appears in all of the local municipal and county courts, along with Federal District Court, and, of course, the various appellate levels as needed. Representation may also include appearances before the Ohio Bureau of Workers’ Compensation, The Ohio Employment Services Board, Zoning and Appeals Boards and many other administrative-level boards and hearing officers.
In summary, WEIMER LAW FIRM, LLC can provide a complete range of legal services for the client with individual and family estate planning needs and can also service the full range of corporate legal needs for the small- to medium-sized business.
PERSONAL INJURY LITIGATION:
For over 25 years, Mr. Weimer has handled all types of personal injury litigation ranging from automobile accidents to accidents involving motorcycles, trucks, pedestrians and railroad crossing accidents. Additional areas of expertise include premises liability accidents, slip and fall cases, dog bite cases, and cases involving employment discrimination and wrongful termination.
Along with his father Paul Weimer, who is the firm’s senior advisor and special counsel with over fifty years of litigation experience, they have represented over 100 plaintiffs who were the victims of environmental injuries and toxic torts.
Mr. Weimer is a member of the Ohio State Bar Association, The Ohio Trial Lawyers Association and the Akron Bar Association. He has appeared in all the major courts in northern Ohio, as well as courts in Florida, Colorado, and Arizona. Please feel free to contact us by e-mail or by telephone for a free initial consultation on your potential personal injury case.
ELDER LAW SERVICES:
In 2018, in Summit County, Ohio, the average monthly nursing home cost for a semi-private room was $7,733 and for a private room, it was $8,638 monthly or $103,656 annually. Long term care costs are not covered by Medicare or regular health insurance. Privately paying for nursing home costs is often not a sustainable option. Long term care insurance policies are rare and may only partially cover the monthly costs.
As Nursing home costs continue to escalate, clients need to plan ahead for this eventuality, including whether a Medicaid application will be necessary to pay for those costs. Most people requiring long term care will eventually require Medicaid. Careful planning for both married couples and single persons is crucial for asset protection and preservation of family wealth. Ideally, the planning will take place before a crisis occurs, but even in the face of crisis, there are steps that can be taken to avoid financial disaster.
Medicaid eligibility is based upon the applicant and spouse’s income and assets at the “snapshot” date or time of application. Planning before that date may include proper gifting, spend down on allowance expenses, irrevocable trusts and other strategies to protect family wealth.
In order to qualify for Medicaid, the applicant must satisfy residency requirements and be an Ohio citizen, have a medical professional establish the level of care needed, meet the income eligibility requirements and be under the assets limits. A spouse’s income and assets will be included in detennining eligibility for Medicaid.
Medicaid looks back five years to see if any gifts have been made. The presumption is that all transfers made to family or friends is a gift. Gifts are currently penalized one month for every $6,570 that was given. “Income” of the Medicaid applicant includes social security, pensions, annuity payments, required minimum distributions (“RMDs”) from IRA and 40 I (k) accounts, loan payments and even deductions made for Medicare in the Social Security payment.
In 2019, an applicant is ineligible ifhe or she earns more than $2,313 per month. Sometimes setting up a qualifying trust such as a Qualified Income Trust (“QIT”) or a Miller Trust can be useful. Pooled trusts can also be used to protect some of the applicant’s assets.
A spouse can currently keep all of his or her income, plus possibly some of the institutionalized spouse’s income. The Connnunity Spouse Monthly Income Allowance is currently as follows:
–Minimum Monthly Maintenance Needs Allowance: $2,057.50
–Maximum Monthly Maintenance Needs allowance: $3,160.50
The Community Spouse Asset Allowance is currently:
–Minimum Community Spousal Resource Allowance: $25,284.00
–Maximum Community Spousal Resource Allowance: $126,420
Of course, all income and asset levels are subject to change.
Working with an Ohio Certified Medicaid Planner and Financial Analyst, we can offer unique solutions to maximize and preserve your family wealth. Whether you are a married coule or a single person facing potentially catastrophic nursing home costs, we can devise a plan that may allow substantial assets to remain within family control.
Call 330.896.4500 today for an appointment.
David P. Weimer
David serves a variety of clients who are interested in wealth preservation by designing estate plans, which minimize probate involvement, ensure privacy, and eliminate or minimize federal and state taxes. David also serves his clients in the area of asset protection by the formation of various legal entities, including:
- Limited Liability Companies (LLCs)
- Family Limited Partnerships (FLPs)
- C and S Corporations
- Irrevocable life Insurance Trusts
- Offshore Trusts
We also offer a variety of other techniques to preserve and protect family wealth. We offer numerous estate planning tools, including:
- Revocable Living Trusts
- Durable Powers of Attorney
- Health Care Powers of Attorney
- Living Wills
- Nominations of Guardian to Avoid Probate Guardianship
- Funding of Revocable and Irrevocable Trusts Through the Use of Assignments, Transfers of Interest and Real Property Transfers
David also serves clients in need of personal injury representation and has over 25 years of experience in handling automobile accidents, trucking accidents, railroad crossing accidents, workplace injuries and injuries sustained due to environmental factors, such as landfills. David also has experience in wrongful death cases, brain injury cases, sexual abuse cases and cases pursuing remuneration for a variety of other severe and debilitating injuries.
David also handles commercial litigation involving real estate, foreclosure, business transactions and disputes involving the mishandling of client’s brokerage accounts. Employment matters have been resolved successfully for both employers and employees.
- University of Akron School of Law, Akron, Ohio (J.D. Awarded in May, 1985)
- Denison University, Granville, Ohio (B.A. Political Science with Honors Awarded in 1973)
- Ohio State Bar Association
- Member of the Estate Planning, Trust and Probate Law Section
- Ohio Trial Lawyers Association
- Akron Bar Association – Probate Law Section
- Foundation for Summit County’s Abused and Neglected Children, Board Member Summit County Children’s Services Board (Former Board President)
- YMCA, City of Green, Board Member
- Wills for Heroes Program- Akron Bar Association
Paul E. Weimer
Founder 1923 – 2010
Paul E. Weimer was selected to be the 2008 recipient of the St. Thomas More Award sponsored by the Catholic Diocese and St. Bernard Church, Akron, Ohio. The award was presented to Mr. Weimer at the Red Mass held May 9, 2008 at the church. The award is given each year, during Law Week, to a member of the legal community in recognition of his or her personal integrity, professional excellence and community service.
This year’s honoree is a lifetime resident of Summit County, and a graduate of Garfield High School (1941). His college education at the College of Wooster was interrupted by service in the U.S. Navy during World War II, where Weimer served as an officer aboard the US 709 (L) and the LST 732. He was awarded three Battle Stars in the Liberation of the Philippines (1944-1945) after post-war service in Shanghai, China, (1945-1946) with the U.S. Seventh Fleet: He resumed his studies at the College of Wooster and then graduated from the College of Law at Ohio State University in December, 1949.
Weimer commenced the practice of law on March 1, 1950, and remained active as a lawyer until his retirement from the firm of Roderick, Myers & Linton in March 2000. During this 50-year span, he was active in the Akron and Ohio State Bar Associations; served as an incorporator member of the Akron Bar Foundation; served a three-year term on the Board of Trustees; was an original member of the Scanlon Inn of Court; established, at the request of Visiting Nurses of Summit County, a legal service of 18 Akron Bar lawyers to advise on legal issues facing families with patients in hospice; was appointed special counsel to the University of Akron by the Ohio Attorney General to assist in the transition of the University from a Municipal to a State University (1968-1969); continued to serve as General Counsel to Akron University until 1971; represented small, family-owned corporations that did not have legal departments in-house; developed a highly regarded environmental law practice by representing homeowners in Summit, Stark, Cuyahoga and Geauga counties whose homes were damaged by sanitary landfills operating in those areas; served as mentor to young Akron-area attorneys, both within his law firm and outside his office; and, by appointment of the Supreme Court of Ohio, served as a Member of the Commission on Character and Fitness and on the Commission on Continuing Legal Education.
Weimer was an honorary life member of the Akron Bar Association, the Ohio State Bar Association and the American Bar Association.
Attorney Weimer served as a life member of the Taylor Memorial Library in Cuyahoga Falls, Ohio. He served as President of the Board and was chairman of the successful tax levy to provide necessary funding for the library’s relocation from Second Avenue to Third Street in Cuyahoga Falls, Ohio.
He served as counsel to, and member of, the Firestone Park Community Council, a diverse group of concerned citizens dedicated to improving deteriorating conditions on Aster Avenue in the heart of Firestone Park.
Weimer served on many committees of the Metropolitan YMCA, including the Camp Y-Noah Committee of Management (of which he was Chairman); the Neighborhood Boys Committee of Management; the Annual Membership Drive, which he chaired in 1963; the Board of Trustees of the Metropolitan Board (which he chaired for two years; and he is currently an Honorary Life Member of the Board of Trustees and Honorary Life Member of the YMCA Foundation Board.
Weimer was a member of the First Methodist Church of Cuyahoga Falls since 1950, where he has served on various church committees. In 1981, he prepared the legal document establishing the Gift & Memorial Committee of the church. He has served many years on the committee responsible for receiving, investing, and distributing gifts, bequests and memorials received by the church.
Weimer served for many years as an active Board Member of Goodwill Industries of Akron, which affords employment and services to the handicapped in the community. In recognition of his contribution to the United Way of Summit County and his service to this charitable organization, the Senate of the 122nd General Assembly of Ohio unanimously adopted a Resolution (September 18, 1998), which Resolution reads, in part, “On behalf of the members of the Senate of the 122nd General Assembly of Ohio, we are pleased to extend special recognition to Paul Weimer for outstanding service to the Community as a United Way Volunteer …. An active volunteer with Goodwill Industries of Akron, you have served as Secretary, Vice-President and President of the Board of Trustees, and as a member of the Policy, Nominating, Financial Development and Properties Committees …. Thus, with sincere pleasure, we commend you for your exemplary record of community service and salute you as one of Ohio’s finest citizens.”
Signed: Senator Richard H. Finon, President of the Ohio Senate Senator Leigh Herington, Assistant Minority Whip
Mr. and Mrs. Weimer celebrated 63 years of marriage on May 18, and are the proud parents of four adult children – two of whom are graduates of the Akron University Law School – nine grandchildren and four great-grandchildren.