Ohio Revised Code Search

...ldren born out of wedlock shall be capable of inheriting or transmitting inheritance from and to their mother, and from and to those from whom she may inherit, or to whom she may transmit inheritance, as if born in lawful wedlock.

...s and subsequently is adjudicated incompetent to stand trial on that charge, and no juvenile who is found to be a delinquent child by reason of committing an act that, if committed by an adult, would be a violation of or complicity in the violation of any of those sections or laws, shall in any way benefit by the death. All property of the decedent, and all money, insurance proceeds, or other property or benefits pay...

...r remainder and such tenant will be liable in damages to such person for the waste committed or suffered thereto.

...11.09 of the Revised Code. (B) A man alleging himself to be the father of an adult child, the adult child's mother, and the adult child may appear together before the probate judge of the county in which the man resides and jointly file a declaration stating that the man is the adult child's father and requesting that the court issue an order declaring the man to be the adult child's father. The declaration must sta...

...of the Revised Code declaring the man alleging himself to be the father of the adult child to be the adult child's father: (1) The order was freely and voluntarily requested. (2) No person is designated as the father on the birth certificate of the adult child. (3) Genetic test results show that the man is the father of the adult child. (4) It is in the best interests of the man and adult child that the order be ...

...unts held under circumstances that entitle one or more individuals to the whole of the property or account on the death of the other individual or individuals. (B) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with a transfer-on-death designation or the abbreviation TOD, account with a payable-on-death designation or the abbreviation POD, transfer-on-death designation affidav...

...rty, or the right to exempt property, homestead, or allowance for support depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by one hundred twenty hours is deemed to have predeceased the other individual. (B) This section does not apply if its application would result in a taking of ...

...n individual who is not established by clear and convincing evidence to have survived an event by one hundred twenty hours is deemed to have predeceased the event for purposes of a provision of a governing instrument that relates to the individual surviving an event, including the death of another individual.

...pply: (A) If it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property or account passes as if one co-owner had survived the other co-owner by one hundred twenty hours, and one-half of the property or account passes as if the other co-owner had survived the one co-owner by one hundred t...

...ted copy of any record or report of a domestic or foreign governmental agency that an individual is missing, detained, dead, or alive is prima-facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report. (D) In the absence of prima-facie evidence of death under division (B) or (C) of this section, the fact of death may be established by clear and convincing evidence, in...

...on disaster, and that language is operable under the facts of the case. (B) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period, or expressly requires the individual to survive the event for a specified period, but the survival of the event for the specified period shall be established by clear and con...

...items of property transferred to or deposited with the court. (D) A person who purchases property for value or receives a payment or other item of property or benefit in partial or full satisfaction of a legally enforceable obligation, and without notice that the person selling or transferring the property or benefit or making a payment is not entitled to the property or benefit under sections 2105.31 to 2105.40 of ...

...ised Code, the provision of the applicable section of the Revised Code applies with respect to that right. (B) Any rule of construction regarding any provision of a governing instrument that is provided in sections 2105.31 to 2105.40 of the Revised Code applies to any governing instrument that is executed prior to the effective date of the amendment of this section, unless there is a clear indication of a contrary ...

...Sections 2105.31 to 2105.40 of the Revised Code shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of those sections among the states enacting the law.

...Sections 2105.31 to 2105.40 of the Revised Code may be cited as the uniform simultaneous death act.

...e decedent, and in all property that comes into the possession or under the control of the trustee by reason of the death of the decedent. (E) The election of a surviving spouse to take under a will or under section 2105.06 of the Revised Code may be made at any time after the death of the decedent, but the surviving spouse shall not make the election later than five months from the date of the initial appoin...

...st the election in writing within the times described in division (E) of section 2106.01 of the Revised Code.

...6.01 of the Revised Code for making an election, the surviving spouse may file a complaint in the probate court, making all persons interested in the will defendants, that requests a construction of the will in favor of the surviving spouse and for the court to render a judgment to that effect.

...ut having made an election within the times described in division (E) of that section, the surviving spouse shall be conclusively presumed to have elected to take under the will, and the surviving spouse and the heirs, devisees, and legatees of the surviving spouse, and those claiming through or under them, shall be bound by the conclusive presumption, and persons may deal with the property of the decedent accordingl...

...If a surviving spouse elects to take under the will, the surviving spouse shall be barred of all right to an intestate share of the property passing under the will and shall take under the will alone, unless it plainly appears from the will that the provision for the surviving spouse was intended to be in addition to an intestate share. An election to take under the will does not bar the right of the surviving spouse...

...The election of a surviving spouse to take under section 2105.06 of the Revised Code and thereby refusing to take under the will shall be made in person before the probate judge, or a deputy clerk who has been appointed to act as a referee, except as provided in sections 2106.07 and 2106.08 of the Revised Code. When the election is made in person before the judge or referee, the judge or referee shall explain the wi...

...the will annexed, directed to any suitable person, to take the election of the surviving spouse as described in section 2106.01 of the Revised Code. In the commission, the court shall direct the suitable person to explain the rights of the surviving spouse under the will and under Chapter 2105. of the Revised Code.

...ection. When the person so appointed returns the report of the person's investigation, the court may elect for the surviving spouse to take under section 2105.06 of the Revised Code only if it finds, after taking into consideration the other available resources and the age, probable life expectancy, physical and mental condition, and present and reasonably anticipated future needs of the surviving spouse, tha...

...(A) A surviving spouse may elect to receive, as part of the surviving spouse's share of an intestate estate under section 2105.06 of the Revised Code and the allowance for support under section 2106.13 of the Revised Code, the entire interest of the decedent spouse in the mansion house. The interest of the decedent spouse in the mansion house shall be valued at the appraised value with the deduction of that portion o...

...0 of the Revised Code, the specific monetary share payable to a surviving spouse under division (B), (C), or (D) of section 2105.06 of the Revised Code shall be paid out of the tangible and intangible personal property in the intestate estate to the extent that the personal property is available for distribution. The personal property distributed to the surviving spouse, other than cash, shall be valued at the ...