Ohio Revised Code Search
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Section 2108.77 | Loss of assigned right of disposition.
...monstrates an absence of due affection, trust, and regard between spouse and the declarant or deceased person. |
Section 2109.01 | Fiduciary defined.
...s any person, other than an assignee or trustee for an insolvent debtor or a guardian under sections 5905.01 to 5905.19 of the Revised Code, appointed by and accountable to the probate court and acting in a fiduciary capacity for any person, or charged with duties in relation to any property, interest, trust, or estate for the benefit of another; and includes an agency under contract with the department of developmen... |
Section 2109.021 | Fiduciary filings by mail or in person.
... matters of estates, guardianships, or trusts, unless the court in writing notifies the fiduciary or attorney of record that a personal appearance is necessary, or a personal appearance is otherwise required by law. The court shall reject an improper or incomplete filing and shall return it to the sender. |
Section 2109.03 | Fiduciary's attorney.
...e fiduciary in matters relating to the trust. After the name of an attorney has been filed, notices sent to that fiduciary in the fiduciary's official capacity shall also be sent by the court to that attorney who may sign waiver of service of any or all of the notices upon the attorney. If the fiduciary is absent from the state, the attorney shall be the agent of the fiduciary upon whom summonses, citations, a... |
Section 2109.14 | Deposit of works of art in museum authorized - reduction of bond.
...ies shall be liable for any loss to the trust estate resulting from a deposit authorized and directed by the court pursuant to this section, provided the fiduciary has acted in good faith. |
Section 2109.24 | Resignation or removal of fiduciary.
... interest of the property, testamentary trust, or estate that the fiduciary is responsible for administering demands it, or for any other cause authorized by law. The court may remove a testamentary trustee upon the written application of more than one-half of the persons having an interest in the estate controlled by the testamentary trustee, but the testamentary trustee is not to be considered as a person ha... |
Section 2109.25 | Fiduciary in military service - removal and reinstatement.
...e remaining fiduciaries to execute the trust. That action may be taken on the court's own motion or on the application of any party in interest, including the fiduciary or cofiduciary, either without notice or upon notice to those persons and in the manner that the court shall direct. If any of the duties of that office remain unexecuted when a fiduciary who has resigned or been removed on account of the fid... |
Section 2109.36 | Order of distribution.
...ribution of the assets of an estate or trust held by a fiduciary may be set for hearing before the probate court at the time that the court shall designate. The fiduciary may serve notice of the hearing upon the application, or cause the notice to be served, upon any person who may be affected by an order disposing of the application; or the court, upon motion of any interested person for good cause shown or a... |
Section 2109.38 | Retaining unauthorized investments.
...fiduciary from retaining any part of a trust estate as received by the fiduciary even though that part is not of the class or percentage permitted to fiduciaries, or from retaining any investment made by the fiduciary after the investment ceases to be of a class or exceeds the percentage permitted by law, provided the circumstances are not such as to require the fiduciary to dispose of the investment in the pe... |
Section 2109.39 | Receiving distribution in kind.
...ve share of the assets of an estate or trust has the same right as other beneficiaries to accept or demand distribution in kind and may retain any security or investment so distributed to the fiduciary as though it were a part of the original estate received by the fiduciary. |
Section 2109.40 | Participation in corporate reorganization.
...Unless the instrument creating a trust forbids, a fiduciary may do all of the things that an individual holder might do with respect to securities held by the fiduciary, including the exercise or sale of subscription rights, the acceptance of new stock in the same corporation in place of the stock held, or in the event of reorganization, sale, or merger in a different corporation, and with the approval of the p... |
Section 2109.52 | Judgment on the complaint.
... in action of the estate, testamentary trust, or guardianship. If the person is found guilty, the probate court shall assess the amount of damages to be recovered or the court may order the return of the specific thing concealed or embezzled or may order restoration in kind. The probate court may issue a citation or other judicial order into any county in this state that shall be served and returned as provide... |
Section 2109.53 | Judgment against fiduciary - removal.
...ny portion of the estate, testamentary trust, or guardianship remains to be administered by the probate court at the time of the removal of the fiduciary, the court shall appoint a new fiduciary to continue the administrative process. A fiduciary that is removed shall not receive compensation for acting as fiduciary and shall be charged for the amount of the judgment. The fiduciary's property also shall be lia... |
Section 2109.55 | Judgment in favor of state.
...for the use of the estate, testamentary trust, or guardianship, reserving the compensation to the prosecuting attorney that the probate court allows. |
Section 2111.07 | Powers of guardian of person and estate.
...ian is removed or discharged from that trust or the guardianship terminates from any of the causes specified in Chapters 2101. to 2131. of the Revised Code. |
Section 2111.091 | Restrictions on attorney representing guardian.
..., savings account, or other banking or trust account. |
Section 2111.121 | Nomination of guardian.
...f the opinion that the interest of the trust demands it. (C) Nomination of a person as a guardian or successor guardian of the person, the estate, or both of one or more of the nominator's minor or incompetent adult children under division (A) of this section, and any subsequent appointment of the guardian or successor guardian as guardian under section 2111.02 of the Revised Code, does not vacate the jurisdic... |
Section 2113.06 | To whom letters of administration shall be granted.
...son unsuitable for the discharge of the trust, or if without sufficient cause they neglect to apply within a reasonable time for the administration of the estate, their right to priority shall be lost, and the court shall commit the administration to some suitable person who is a resident of the state, or to the attorney general or the attorney general's designee, if the department of medicaid is seeking to rec... |
Section 2113.13 | Minority of an executor.
...s another executor who will accept the trust. If there is that other executor, the estate shall be administered by that executor until the minor arrives at full age when the former minor may be admitted as executor upon giving bond as provided in section 2109.04 of the Revised Code. |
Section 2113.21 | Powers of executors, administrators, and testamentary trustees during a will contest.
... 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 real and personal property and all debts; (4) Repair buildings and make other ... |
Section 2113.46 | Who may discharge mortgage.
...be seized of the mortgaged premises in trust for the same persons who would be entitled to the money if the premises had been redeemed. |
Section 2113.73 | Security for distributees and indemnification for sureties.
... executor's liability on account of the trust, or the foreign administrator's or executor's sureties are irresponsible, the distributees, heirs, or legatees, in any court of common pleas or probate court may compel the foreign administrator or executor to secure the amounts respectively due to them and any of the foreign administrator's or executor's sureties may require indemnity on account of their liability ... |
Section 2113.82 | Orders to pay money and property held in trust for safe keeping for nonresidents of United States.
...rned into the county treasurer or to a trustee under section 2113.81 of the Revised Code satisfies the probate court of the person's right to receive it, the court shall order the county treasurer or the trustee to pay it over to the person. |
Section 2115.06 | Appraisers - compensation - fees may be charged against the estate.
...d sworn to a faithful discharge of the trust. The executor or administrator, subject to the approval of the court, may appoint separate appraisers of property located in any other county and appoint separate appraisers for each asset. In lieu of the appointment of an appraiser for real property, the executor or administrator may accept the valuation of the real property by the county auditor. If appraisers fa... |
Section 2121.03 | Probate court hearing.
...of a contract, beneficiary designation, trust, or otherwise, arising by reason of the death of the presumed decedent. |