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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.

Ohio Revised Code Search

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Section 5816.13 | Discretionary interests not property of a beneficiary.

...f that property is subject to the discretion of one or more qualified trustees or advisors, either acting alone or in conjunction with any other person, including any person authorized to veto any distributions from the legacy trust.

Section 5816.14 | Applicability of chapter.

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

Section 5817.01 | Definitions.

...he settlor of a trust. (2) The will names the trust as a beneficiary in accordance with section 2107.63 of the Revised Code. (F) "Trust" means an inter vivos revocable or irrevocable trust instrument to which, at the time the complaint for declaration of validity is filed under section 5817.03 of the Revised Code, either of the following applies: (1) The settlor resides in, or is domiciled in, this state. (2)...

Section 5817.02 | Action by testator.

... a complaint with the probate court to determine before the testator's death that the testator's will is a valid will subject only to subsequent revocation or modification of the will. The right to file a complaint for a determination of the validity of a testator's will under this chapter, or to voluntarily dismiss a complaint once filed, is personal to the testator and may not be exercised by the testator's guardia...

Section 5817.03 | Action by settlor.

...(A) A settlor may file a complaint with the probate court to determine before the settlor's death that the settlor's trust is valid and enforceable under its terms, subject only to a subsequent revocation or modification of the trust. The right to file a complaint for a determination of the validity of a settlor's trust under this chapter, or to voluntarily dismiss a complaint once filed, is personal to the settlor a...

Section 5817.04 | Jurisdiction; venue.

...alidity of a will or a trust shall be filed with the probate court. The probate judge, upon the motion of a party or the judge's own motion, may transfer the proceeding to the general division of the court of common pleas. (B) The venue for a complaint under section 5817.02 of the Revised Code is either of the following: (1) The probate court of the county in this state where the testator is domiciled; (2) If ...

Section 5817.05 | Testator complaint; party defendants.

...result of fraud or mistake; (9) The names and addresses of the testator and all of the defendants and, if any of the defendants are minors, their ages; (10) A statement that the will has not been revoked or modified; (11) A statement that the testator is familiar with the contents of the will.

Section 5817.06 | Settlor complaint; party defendants.

...esult of fraud or mistake; (10) The names and addresses of the settlor and all of the defendants and, if any of the defendants are minors, their ages; (11) A statement that the trust has not been revoked or modified; (12) A statement that the settlor is familiar with the contents of the trust.

Section 5817.07 | Service of process.

...a copy of the related trust, if applicable, shall be made on every party defendant named in the complaint filed under section 5817.02 of the Revised Code, as provided in the applicable Rules of Civil Procedure. (B) Service of process, with a copy of the complaint and the trust, and a copy of the related will, if applicable, shall be made on every party defendant named in the complaint filed under section 5817.03 of...

Section 5817.08 | Hearing.

...ring shall be given to the testator or settlor, as applicable, and to all party defendants, as provided in the applicable Rules of Civil Procedure. (C) The hearing shall be adversarial in nature and shall be conducted pursuant to sections 2101.31 and 2721.10 of the Revised Code, except as otherwise provided in this chapter.

Section 5817.09 | Burden of proof.

...cution of the will or trust, as applicable. A person who opposes the complaint has the burden of establishing one or more of the following: (1) The lack of testamentary intent or the intent to create a trust, as the case may be; (2) The lack of the testator's testamentary capacity, or the settlor's legal capacity to enter into and establish the trust; (3) Undue influence, restraint, or duress on the testator o...

Section 5817.10 | Declaration of validity.

...all of the following: (a) The trust meets the requirements of section 5804.02 of the Revised Code. (b) The settlor had the legal capacity to enter into and establish the trust, was free from undue influence, and was not under restraint or duress. (c) The execution of the trust was not the result of fraud or mistake. (2) Unless the trust is modified or revoked after the court's declaration, the trust has full...

Section 5817.11 | Effect of declaration.

...ty of a trust declared valid. (D) In determining whether a person was a party defendant and properly served in an action to declare a will or trust valid under this chapter, the representation rules of Chapter 5803. of the Revised Code shall be applied, and a person represented in the action under those rules is bound by the declaration of validity even if, by the time of the testator's death, or the challenge to t...

Section 5817.12 | Subsequent modification of will.

...her document is found by a court of competent jurisdiction to be invalid due to the testator's lack of testamentary capacity, or undue influence, restraint, or duress on the testator, or otherwise. (C) The amendment by a later codicil of a will that has been declared valid under division (A)(1) of section 5817.10 of the Revised Code does not affect the will or the prior declaration of its validity except as provide...

Section 5817.13 | Subsequent modification of trust.

...her document is found by a court of competent jurisdiction to be invalid due to the settlor's lack of capacity, or undue influence, restraint, or duress on the settlor, or otherwise. (C) An amendment of a trust that has been declared valid under division (B)(1) of section 5817.10 of the Revised Code does not affect the trust or the prior declaration of its validity except as provided by the amendment. However, the ...

Section 5817.14 | Admissibility of evidence.

...ing other than a proceeding brought to determine the validity of a will or trust. (B) The determination or judgment rendered in a proceeding under this chapter is not binding upon the parties to that proceeding in any action that is not brought to determine the validity of a will or trust. (C) The failure of a testator to file a complaint for a judgment declaring the validity of a will that the testator has execu...

Section 5901.01 | Veterans' services definitions.

...th regard to applications for financial assistance under sections 5901.02 to 5901.15 of the Revised Code, "veteran" means either of the following: (1) A person who served in the armed forces of the United States on active military duty and was discharged from the service under honorable conditions, and who either served on active duty for reasons other than training or, while serving on active duty for training, inc...

Section 5901.02 | Veterans service commission.

...erms by a judge of the court of common pleas. At the time of appointment or reappointment to the commission, no commission member appointed under this section shall be an employee of the commission or hold an elective or other appointive office of the county served by the commission. Each member of the commission appointed under this section shall be an honorably discharged or honorably separated veteran. Within s...

Section 5901.021 | Creation of additional memberships.

...o an additional membership shall file, within sixty days after the date of the appointment, the person's form DD214 with the department of veterans services in accordance with guidelines established by the director of that department. (2) If the board of county commissioners appoints additional members as described in division (B)(1) of this section, the board may permit the...

Section 5901.03 | Organization and duties of commission.

...nd procedures for the administration of assistance as provided under this chapter; (D) Causing the budgets of the veterans service commission and veterans service office to be presented to the board of county commissioners for approval; (E) Establishing programs of outreach and coordination with other agencies to enhance available services to veterans within the county; (F) Promoting, monitoring, and providing fun...

Section 5901.04 | Payment of expenses and compensation of commissioners.

...terans service commission their reasonable expenses incurred in the performance of their duties, and shall fix a fair compensation for their services. The county auditor shall issue a warrant upon the county treasurer for the amount so allowed.

Section 5901.05 | Veterans service committee.

...ans service committee, consisting of at least three persons who are residents of the county, whose duties shall be set forth by the commission. Such persons shall be veterans, one of whom shall be designated as chairperson of the county veterans service committee. The commission shall fill all vacancies that occur in any such committee, and may remove any member of a committee for cause.

Section 5901.06 | Commission to employ executive director, investigators and clerks.

...ed service, and such investigators and clerks as are necessary to perform the duties of the commission. Each investigator and clerk shall be a veteran or, if a qualified veteran is not available, the spouse, surviving spouse, child, or parent of a veteran. Each shall be employed in the classified service and is exempt from civil service examination. The compensation of such investigators and clerks shall be establish...

Section 5901.07 | County veterans service officers and assistants.

...service officer who fails to maintain accreditation or whose certification is revoked by the director of veterans services. The service officers shall advise and assist present and former members of the armed forces of the United States, veterans, and their spouses, surviving spouses, children, parents, and dependents in presenting claims or obtaining rights or benefits under any law of the United States or of this s...

Section 5901.08 | Applicants for financial assistance.

... which application is being made for at least three months.