Ohio Revised Code Search
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Section 2111.10 | Corporation as guardian.
...tify that nonprofit corporation and any individual acting as a guardian on behalf of the nonprofit corporation upon meeting the requirements for serving as a guardian as prescribed by the supreme court in the Rules of Superintendence for the Courts of Ohio and the rules of court adopted by the probate court of the county exercising jurisdiction over the incompetent. A nonprofit corporation appointed as guardian of th... |
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Section 2111.13 | Duties of guardian of person.
...(A) When a guardian is appointed to have the custody and maintenance of a ward, and to have charge of the education of the ward if the ward is a minor, the guardian's duties are as follows: (1) To protect and control the person of the ward; (2) To provide suitable maintenance for the ward when necessary, which shall be paid out of the estate of such ward upon the order of the guardian of the person; (3) To provide... |
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Section 2111.131 | Court order for payments of no more than $5,000 due to minor.
...(A) The probate court may enter an order that authorizes a person under a duty to pay or deliver money or personal property to a minor who does not have a guardian of the person and estate or a guardian of the estate, to perform that duty in amounts not exceeding five thousand dollars annually, by paying or delivering the money or property to any of the following: (1) The guardian of the person only of the minor; (... |
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Section 2111.14 | Duties of guardian of estate.
...ssets that the guardian may receive in kind from an executor or administrator to the greatest advantage of the ward. Before a settlement and adjustment is valid and binding, it shall be approved by the probate court and the approval shall be entered on its journal. The guardian also shall have the approval of the probate court to hold the assets as received from the executor or administrator or to hold what may be re... |
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Section 2111.151 | Liability of guardian or conservator as to contracts and debts.
...onservator," or any other word or words indicating representative capacity as a guardian of the estate, a guardian of the person and estate, a guardian of the person, or a conservator are included in a contract following the name or signature of the guardian or conservator, the inclusion is sufficient disclosure for purposes of this division that the contract is being entered into in the guardian's representative cap... |
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Section 2111.33 | Guardian may improve real property - petition.
...(A) A guardian may use the moneys and personal property of the guardian's ward to improve the ward's real property. The guardian shall file in the probate court in which the guardian was appointed a petition containing the following: (1) A description of the premises to be improved; (2) The amount of rent the premises yield at the time the petition is filed; (3) In what manner the improvement is proposed to b... |
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Section 2112.22 | Special jurisdiction.
...(A) A probate court of this state lacking jurisdiction under section 2112.21 of the Revised Code has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a respondent who is physically present in this state; (2) Issue a protective order in an emergency with respect to the adult or to the real or tangible personal property located in this state; (3) Appoint a guardian fo... |
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Section 2112.24 | Appropriate forum.
...(A) A probate court of this state having jurisdiction under section 2112.21 of the Revised Code to appoint a guardian or issue a protective order may decline to exercise the court's jurisdiction if the probate court determines at any time that a court of another state is a more appropriate forum. (B) If a probate court of this state declines to exercise the court's jurisdiction under division (A) of this secti... |
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Section 2112.25 | Jurisdiction declined by reason of conduct.
...assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state. (C) As used in this section, "unjustifiable conduct" includes, but is not limited to, conduct by a person that attempts to create jurisdiction in this state by removing the adult from the adult's home state, secreting the adult, retaining the adult, or restraining or otherwise... |
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Section 2112.32 | Accepting guardianship or conservatorship transferred from another state.
...(A) To confirm transfer of a guardianship transferred to this state under provisions similar to section 2112.31 of the Revised Code, the guardian shall petition the probate court in this state to accept the guardianship of the person, guardianship of the estate, or both. The petition must include a certified copy of the other state's provisional order of transfer. (B) Notice of a petition under division (A) o... |
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Section 2113.04 | Payment of wages of deceased employee without administration.
...(A) Any employer, including the state or a political subdivision, at any time after the death of an employee, may pay all wages or personal earnings due to the deceased employee to the following, preference being given in the order named, without requiring letters testamentary or letters of administration to be issued upon the estate of the deceased employee, and without requiring an Ohio estate tax release if ... |
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Section 2113.06 | To whom letters of administration shall be granted.
...(A) Administration of the estate of an intestate shall be granted to persons mentioned in this division, in the following order: (1) To the surviving spouse of the deceased, if resident of the state; (2) To one of the next of kin of the deceased, resident of the state. (B) If the persons entitled to administer the estate under division (A) of this section fail to take or renounce administration voluntaril... |
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Section 2113.18 | Removal of executor or administrator.
...(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate. (B) The probate court may remove any executor or administrator upon motion of the surviving spous... |
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Section 2113.21 | Powers of executors, administrators, and testamentary trustees during a will contest.
...(A) When a will is contested, the executor, the administrator de bonis non, with the will annexed, or the testamentary trustee may, during the contest, do the following: (1) Control all the real property and all the personal property of the testator not administered before the contest; (2) Collect the debts and convert all assets into money, except those that are specially bequeathed; (3) Pay all taxes on the... |
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Section 2113.35 | Commissions.
...ry services. (D) If the probate court finds, after a hearing, that an executor or administrator, in any respect, has not faithfully discharged the duties as executor or administrator, the court may deny the executor or administrator any compensation whatsoever or may allow the executor or administrator the reduced compensation that the court thinks proper. |
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Section 2113.40 | Sale of personal property.
...) Property as to which distribution in kind has been demanded prior to the sale by the surviving spouse or other beneficiary entitled to the distribution in kind; (4) Property that the court directs shall not be sold pursuant to a wish expressed by the decedent in the decedent's will; but at any later period, on application of a party interested, the court may, and for good cause shall, require the sale to be ... |
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Section 2113.53 | Distribution of assets of estate.
...ts of the estate by law, in cash or in kind, any part or all of the assets of the estate. Each beneficiary or heir is liable to return the assets or the proceeds from the assets to the estate if they are necessary to satisfy the share of a surviving spouse who elects to take against the will pursuant to section 2106.01 of the Revised Code or if the will is set aside. (B) After distribution pursuant to division (A) o... |
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Section 2113.90 | Action by foreign fiduciary or obligated person.
...(A) A fiduciary who is acting in another state or a person required to pay the tax who is domiciled in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax determined under Subtitle B of the "Internal Revenue Code of 1954," 68 Stat. 373, 26 U.S.C.A. 2001, as amended, of an estate tax payable to another state, or of a death duty by a deceden... |
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Section 2117.17 | Hearing allowing and classifying claims.
...(A) The probate court on its own motion may, and on motion of the executor or administrator shall, assign all claims against the estate that have been presented and any other known valid debts of the estate for hearing on a day certain. Upon the assignment, and in no case less than ten days before the date fixed for hearing or a longer period that the court may order, the executor or administrator shall cause w... |
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Section 2117.30 | Suits against executor or administrator.
...(A) No suit shall be brought against an executor or administrator by a creditor of the decedent or by any other party interested in the estate until after five months from the time of the appointment of the executor or administrator, or the expiration of the further time allowed by the probate court for the collection of the assets of the estate, except in the following cases: (1) On claims rejected in whole ... |
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Section 2119.03 | Powers of trustee.
... debts of the absentee that the court finds necessary for the protection of the absentee's dependents, including insurance premiums, orders for an award of spousal support, and other obligations. The court may make any other orders that it considers proper for the care and custody of the property and its proceeds. |
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Section 2121.01 | Presumption of death.
...deral department concerned has made a finding of death pursuant to the "Federal Missing Persons Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended and hereafter amended. |
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Section 2125.01 | Action for wrongful death.
...When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of th... |
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Section 2125.03 | Distribution to beneficiaries.
...(A)(1) The amount received by a personal representative in an action for wrongful death under sections 2125.01 and 2125.02 of the Revised Code, whether by settlement or otherwise, shall be distributed to the beneficiaries or any one or more of them. The court that appointed the personal representative, except when all of the beneficiaries are on an equal degree of consanguinity to the deceased person, shall adjust th... |
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Section 2125.04 | New action.
...In every civil action for wrongful death that is commenced or attempted to be commenced within the time specified by division (F)(1) or (F)(2)(c), (d), (e), (f), or (g) of section 2125.02 of the Revised Code, if a judgment for the plaintiff is reversed or the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the personal representative of the pla... |