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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Trust
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Section 5803.05 | Appointment to represent unrepresented interest.

...ot a judicial proceeding concerning the trust is pending. (C) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.

Section 5804.16 | Modification to achieve settlor's tax objectives.

...es, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.

Section 5807.05 | Resignation of trustee - notice - approval.

...(A) A trustee may resign upon at least thirty days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees or with the approval of the court. (B) In approving a resignation of a trustee, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property. (C) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts o...

Section 5808.01 | Duties of trustee generally.

...Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with Chapters 5801. to 5811. of the Revised Code.

Section 5808.09 | Taking control and protection of property.

...A trustee shall take reasonable steps to take control of and protect the trust property.

Section 5810.07 | Reasonable care to ascertain material event.

...the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.

Section 5810.09 | Beneficiary or representative's consent to conduct constituting breach.

...A trustee is not liable to a beneficiary for breach of trust if the beneficiary or the beneficiary's representative under the representation provisions of Chapter 5803. of the Revised Code consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless the consent, release, or ratification of the beneficiary or re...

Section 5811.01 | Promotion of uniformity of law.

...ers among states that enact the uniform trust code.

Section 5812.08 | Distribution to residuary and remainder beneficiaries.

...equired to pay pecuniary amounts not in trust. (3) The beneficiary's fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation. (4) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the asse...

Section 5812.13 | Apportionment of receipts and disbursements when decedent dies or income interest begins.

...(A) A trustee shall allocate to principal an income receipt or disbursement other than one to which division (A) of section 5812.07 of the Revised Code applies, if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest. (B) A trustee shall allocate an income receipt or disbursement to income if its due date occurs o...

Section 5812.26 | Obligation to pay money.

...e, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization of premium. (B) A trustee shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than one year after the date it is purchased or acquired by ...

Section 5812.31 | Insubstantial allocations not required.

...If a trustee determines that an allocation between principal and income required by section 5812.32, 5812.33, 5812.34, 5812.35, or 5812.38 of the Revised Code is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in division (C) of section 5812.03 of the Revised Code applies to the allocation. This power may be exercised by a cotrustee in the circumstanc...

Section 5812.42 | Disbursements from income.

...A trustee shall make all of the following disbursements from income to the extent that they are not disbursements to which division (B)(2) or (3) of section 5812.07 of the Revised Code applies: (A) One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee; (B) One-half of all expenses for accountings, judicial proceedings, or other matt...

Section 5813.05 | Exemption.

...of an institution from requesting, or a trustee from making, distributions from an institutional trust fund in accordance with sections 5813.01 to 5813.07 of the Revised Code.

Section 5813.07 | Citing act.

...Code may be cited as the "institutional trust funds act."

Section 5814.03 | Effect of gift or transfer.

...r third person dealing with a person or trust company designated as custodian, the respective powers, rights, and immunities provided in these sections.

Section 5815.11 | Rules of law and equity applicable.

...ose rules of law and equity relating to trusts, agency, negotiable instruments, and banking apply.

Section 5815.12 | Power of appointment defined.

...connotations under the law of property, trusts, or wills. The power includes but is not limited to powers which are special, general, limited, absolute, in gross, appendant, appurtenant, or collateral.

Section 5815.16 | Duty of attorney to third parties.

...ed in this section, "fiduciary" means a trustee under an express trust or an executor or administrator of a decedent's estate.

Section 5815.35 | General partners acting as fiduciary.

...sociation, or corporation, other than a trustee of a testamentary trust, an assignee or trustee for an insolvent debtor, or a guardian under Chapter 5905. of the Revised Code, that is appointed by and accountable to the probate court, and that is acting in a fiduciary capacity for another or charged with duties in relation to any property, interest, or estate for another's benefit. A fiduciary also includes an agency...

Section 5815.44 | Work of art not subject to claims of creditors of art dealer.

...A work of art that is trust property under section 5815.42 or 5815.43 of the Revised Code is not subject to the claims, liens, or security interests of the creditors of the art dealer, notwithstanding Chapters 1301. to 1310. of the Revised Code.

Section 5816.01 | Short title.

...hapter may be cited as the Ohio legacy trust act.

Section 5816.14 | Applicability of chapter.

... the Revised Code applies to any legacy trust settled or administered on or after the effective date of this amendment.

Section 5817.02 | Action by testator.

...lidity of both the will and any related trust. (C) The failure of a testator to file a complaint for a judgment declaring the validity of a will shall not be construed as evidence or an admission that the will is not valid. (D) A complaint for a determination of the validity of a testator's will shall be accompanied by an express written waiver of the testator's physician-patient privilege provided in division (B...

Section 5905.05 | Petition for appointment of guardian.

...oint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward. In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the veterans' administration on examination in accordance with the laws and regulations governing the veterans' administration.