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Section 2108.78 | Assignee bound by declaration of anatomical gift.

...rant or deceased adult has made an anatomical gift under sections 2108.01 to 2108.29 of the Revised Code, any person to whom the declarant has assigned the right of disposition under section 2108.70 of the Revised Code, or who has the right as described in section 2108.81 of the Revised Code, is bound by the anatomical gift and must follow the instructions associated with the gift before making any decisio...

Section 2108.79 | Multiple assignees - majority rule - deadlock.

...arant or deceased person resided at the time of death shall make the decision in accordance with the criteria set forth in division (B) of section 2108.82 of the Revised Code.

Section 2108.80 | Revocation of declaration of assignment.

...A declarant may revoke a written declaration executed under section 2108.70 of the Revised Code by indicating the declarant's desire to revoke the declaration in a document signed and dated by the declarant in the presence of either of the following: (A) A notary public who shall make the certification described in section 147.53 of the Revised Code. (B) Two witnesses who are adults and are not related by blood, ma...

Section 2108.81 | Right of disposition - no declaration of assignment.

... person's death. (2) Each person to whom the right of disposition has been assigned or reassigned pursuant to a written declaration is disqualified from exercising the right as described in section 2108.75 of the Revised Code. (B) Subject to division (A) of this section and sections 2108.75 and 2108.79 of the Revised Code, the right of disposition is assigned to the following persons, if mentally competent adults...

Section 2108.82 | Assignment of right of disposition by probate court.

...on unless the court makes a finding of compelling reasons based upon the factors listed in division (B) of this section. (D) The personal representative of either the declarant or the deceased does not have a greater claim to the right of disposition than such persons otherwise have pursuant to law.

Section 2108.83 | Dispute regarding right of disposition.

...ng the right of disposition, a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant's or deceased person's funeral, burial, cremation, or other manner of final disposition shall not be liable for damages of any kind for refusing to accept the remains, refusing to inter, cremate, or otherwise dispose of the remains, or refusing t...

Section 2108.84 | Procedure pending resolution of dispute.

...section 2108.83 of the Revised Code is pending, the funeral home, funeral director, crematory operator, or other person may embalm or refrigerate and shelter the remains to preserve them and may add the cost of embalming, refrigeration, and sheltering to the final disposition costs to be charged.

Section 2108.85 | Costs and legal fees arising from legal action.

...(A) If a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant's or deceased person's funeral, burial, cremation, or other manner of final disposition brings a legal action for purposes of section 2108.83 or 2108.84 of the Revised Code, the funeral home, funeral director, crematory operator, cemetery operator, cemetery organizati...

Section 2108.86 | Right to rely on declaration and instructions.

...sition has the right to rely on the content of a written declaration and the instructions of the person or group of persons whom the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition. (B) If the circumstances described in division (A) of section 2108.81 of the Revised Code apply, a funeral home, funeral direc...

Section 2108.87 | Right to make independent investigation.

...er manner of final disposition may independently investigate the existence of, or locate or contact, the following persons: (1) A representative or successor representative named in a written declaration; (2) A person listed in section 2108.81 of the Revised Code. (B) In no circumstances shall a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to a...

Section 2108.88 | Refusal or resignation by assignee of right.

...sed person's right of disposition has been assigned or reassigned pursuant to section 2108.70 or 2108.81 of the Revised Code may decline to exercise the right or resign after beginning to exercise the right. (B) A person described in division (A) of this section who resigns after beginning to exercise the right shall be subject to section 2108.89 of the Revised Code.

Section 2108.89 | Liability for costs of disposition.

... assumption is made; (B) A person to whom the right of disposition is assigned pursuant to section 2108.81 of the Revised Code and who has purchased goods or services associated with an exercise of the right.

Section 2108.90 | Exclusive jurisdiction of probate court over disputes.

...sdiction over any action that results from sections 2108.70 to 2108.89 of the Revised Code.

Section 2108.99 | Penalty.

...Whoever violates division (A) of section 2108.18 or section 2108.19 of the Revised Code is guilty of a felony of the third degree.

Section 2109.01 | Fiduciary defined.

...han 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 developmental disabilities for ...

Section 2109.02 | Appointment and duties.

... shall receive letters of appointment from a probate court having jurisdiction of the subject matter of the trust. The duties of a fiduciary shall be those required by law, and such additional duties as the court orders. Letters of appointment shall not issue until a fiduciary has executed a written acceptance of the fiduciary's duties, acknowledging that the fiduciary is subject to removal for failure to per...

Section 2109.021 | Fiduciary filings by mail or in person.

...he court shall reject an improper or incomplete filing and shall return it to the sender.

Section 2109.03 | Fiduciary's attorney.

... attorney. If the fiduciary is absent from the state, the attorney shall be the agent of the fiduciary upon whom summonses, citations, and notices may be served. Any summons, citation, or notice may be served upon the fiduciary by delivering duplicate copies of the summons, citation, or notice to the attorney designated by the fiduciary. No probate judge shall permit any person to practice law in the probate co...

Section 2109.04 | Bond.

...nt of the bond of the fiduciary at any time for good cause shown. When two or more persons are appointed as joint fiduciaries, the court may take a separate bond from each or a joint bond from all.

Section 2109.05 | Bond - trust created by will.

...t, the court shall remove the trustee from the trust, or the trustee shall be considered to have declined it.

Section 2109.06 | New or additional bond.

...remove a fiduciary who fails within the time fixed by the court to furnish new or additional bond or sureties, and the court shall appoint a successor fiduciary.

Section 2109.07 | Bond conditions - administrator - when not required.

...d that is to be administered and that comes to the administrator's possession or knowledge and an inventory of the deceased's interest in real property located in this state; (2) To administer and distribute according to law all tangible and intangible personal property of the deceased, the proceeds of any action for wrongful death or of any settlement, with or without suit, of a wrongful death claim, and the ...

Section 2109.08 | Bond conditions - special administrator.

...operty of the deceased that has or may come to the special administrator's possession or knowledge; (B) To account for the tangible and intangible personal property of the deceased and for the debts of the deceased that the special administrator receives as special administrator, whenever required by the court, and deliver them to the person authorized to receive them.

Section 2109.09 | Bond conditions - executor.

...r that is to be administered and that comes to the executor's possession or knowledge and an inventory of the testator's interest in real property located in this state; (2) To administer and distribute according to law and the will of the testator all the testator's tangible and intangible personal property, the proceeds of any action for wrongful death or of any settlement, with or without suit, of a wrongfu...

Section 2109.10 | Bond when executor or administrator is sole residuary legatee or distributee.

...all the debts and legacies of the decedent to the extent of the assets of the estate; (B) If there is a will, to pay over the testator's estate to the person entitled to the testator's estate if the will is set aside; (C) If there is no will offered at the opening of the estate, to pay over the testator's estate to the person entitled to the testator's estate if a will is probated after the administrator's i...