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Ohio Revised Code Search

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Section 2107.54 | Contribution - exception.

...(A) When real or personal property, devised or bequeathed, is taken from the devisee or legatee for the payment of a debt of the testator, the other devisees and legatees shall contribute their respective proportions of the loss to the person from whom the payment was taken so that the loss will fall equally on all the devisees and legatees according to the value of the property received by each of them. If, ...

Section 2107.55 | Portion of pretermitted heir, or of witness, subject to contribution.

...When a part of the estate of a testator descends to a child born or adopted, or to an heir designated, after the execution of the will, or to a child absent and reported to be dead at the time of execution of the will but later found to be alive, or to a witness to a will who is a devisee or legatee, the estate and the advancement made to the child, heir, or witness for all the purposes mentioned in section 210...

Section 2107.56 | Liability in case of insolvency.

...When any of the persons liable to contribute toward the discharge of a testator's debt according to sections 2107.54 and 2107.55 of the Revised Code, is insolvent, the others shall be severally liable to each other for the loss occasioned by the insolvency, each being liable in proportion to the value of the property received by the person from the estate of the deceased. If any one of the persons liable dies w...

Section 2107.57 | Contribution enforced.

...All cases arising under sections 2107.01 to 2107.62, inclusive, of the Revised Code, in which devisees or legatees are required to contribute or in which contribution is to be made among devisees, legatees, and heirs, may be heard and determined in a single action.

Section 2107.58 | Order of sale to pay debts.

...When a sale of real property aliened or unaliened by a devisee or heir is ordered for the payment of the debts of an estate, sections 2107.53 to 2107.57 of the Revised Code do not prevent the probate court from making an order and decree for the sale of any portion of the aliened or unaliened real property that is equitable among the parties, and making an order of contribution and further order and decree to s...

Section 2107.59 | Sale of real property by executor's successor.

...When a will is admitted to probate, or a will made out of this state is admitted to record as provided by sections 2129.05 to 2129.07 of the Revised Code, and interests in real property are given or devised by the will to the executors named in the will, or nominated pursuant to a power as described in section 2107.65 of the Revised Code, to be sold or conveyed, or the interests in real property thereby are ord...

Section 2107.60 | Oral will.

...An oral will, made in the last sickness, shall be valid in respect to personal property if reduced to writing and subscribed by two competent disinterested witnesses within ten days after the speaking of the testamentary words. The witnesses shall prove that the testator was of sound mind and memory, not under restraint, and that the testator called upon some person present at the time the testamentary words we...

Section 2107.61 | Will ineffectual.

...Unless it has been admitted to probate or record, as provided in sections 2107.01 to 2107.62 or 2129.05 to 2129.07 of the Revised Code, no will is effectual to transfer real or personal property.

Section 2107.62 | Expenses and fees.

...The expense of proving and recording wills and of any action for declaratory judgment of validity shall be paid by the party at whose instance this is done. The witnesses and officers shall have the same fees for attendance and services as in other cases. When the executor or administrator is appointed, the expense shall be reimbursed out of the estate.

Section 2107.63 | Real or personal property devised, bequeathed or appointed to trustee of existing trust.

...A testator may by will devise, bequeath, or appoint real or personal property or any interest in real or personal property to a trustee of a trust that is evidenced by a written instrument signed by the testator or any other settlor either before or on the same date of the execution of the will of the testator, that is identified in the will, and that has been signed, or is signed at any time after the execution of t...

Section 2107.64 | Trustee named in will as beneficiary.

...A policy of life insurance, or an employee or self-employed benefit plan including, but not limited to, an employee trust or annuity plan, a Keogh plan, an individual retirement account or annuity, or a retirement bond, may designate as beneficiary a trustee named by will. Upon qualification and issuance of letters of trusteeship, the proceeds of the insurance or benefit plan shall be payable to the trustee to be hel...

Section 2107.65 | Conferring power to name executor.

...A testator may confer in the testator's will, upon one or more persons, the power to nominate, in writing, an executor, coexecutor, successor executor, or successor coexecutor, and also may provide in the will that the person or persons so nominated may serve without bond. If a will confers that power, the holders of it have the authority to nominate themselves as executor, coexecutor, successor executor, or su...

Section 2107.71 | Civil action to contest validity of will.

...(A) A person interested in a will or codicil admitted to probate in the probate court that has not been declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code may contest its validity by filing a complaint in the probate court in the county in which the will or codicil was admitted to probate. (B) Except as otherwise provided in this division, no person may contest ...

Section 2107.72 | Rules of procedure - jury trial.

...(A) The Rules of Civil Procedure govern all aspects of a will contest action, except as otherwise provided in sections 2107.71 to 2107.77 of the Revised Code. (B)(1) Each party to a will contest action has the right to a jury trial of the action. To assert the right, a party shall demand a jury trial in the manner prescribed in the Rules of Civil Procedure. Subject to division (B)(2) of this section, if a party dema...

Section 2107.73 | Parties to will contest action.

...Persons who are necessary parties to a will contest action are as follows: (A) Any person designated in a will to receive a testamentary disposition of real or personal property; (B) Heirs who would take property pursuant to section 2105.06 of the Revised Code had the testator died intestate; (C) The executor or the administrator with the will annexed; (D) The attorney general as provided by section 109.25 of...

Section 2107.74 | Order of probate prima-facie evidence of attestation, execution and validity of will.

...On the trial of any will contest under section 2107.71 of the Revised Code, the order of probate is prima-facie evidence of the attestation, execution, and validity of the will or codicil. The contesting party may call any witness to the will as upon cross examination.

Section 2107.75 | Administration costs of purported last will or codicil.

...When the jury or the court finds that the writing produced is not the will or codicil of the testator, the trial court shall allow as part of the costs of administration the amounts to the fiduciary and to the attorneys defending the purported will or purported codicil that the trial court finds to be reasonable compensation for the services rendered in the will contest action. The court shall order the amounts...

Section 2107.76 | Will contest action - time limits.

...No person who has received or waived the right to receive the notice of the admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three months after the filing of the certificate described in division (A)(3) of section 2107.19 of the Revised Code. No other person may com...

Section 2107.77 | Later wills.

...Sections 2107.71 to 2107.76 of the Revised Code apply to later wills admitted to probate.

Section 2108.01 | Anatomical gift definitions.

...As used in sections 2108.02 to 2108.35 of the Revised Code: (A) "Adult" means an individual who is at least eighteen years of age. (B) "Agent" means an individual who is either of the following: (1) The principal's attorney in fact under a durable power of attorney for health care; (2) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. (C)...

Section 2108.02 | Revised uniform anatomical gift act adopted.

...Sections 2108.01 to 2108.29 of the Revised Code are enacted to adopt the Revised Uniform Anatomical Gift Act (2006), national conference of commissioners on uniform state laws.

Section 2108.03 | Application of RC 2108.01 to RC 2108.29.

...Sections 2108.01 to 2108.29 of the Revised Code apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Section 2108.04 | Persons who may make anatomical gift.

...Subject to section 2108.08 of the Revised Code, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 2108.05 of the Revised Code by any of the following: (A) The donor, if the donor is an adult or if the donor is a minor and either of the following applies: (1) The donor is em...

Section 2108.05 | Manner of making anatomical gift.

...(A) A donor may make an anatomical gift by doing any of the following: (1) Authorizing a statement or symbol to be imprinted on the donor's driver's license or identification card indicating that the donor has certified a willingness to make an anatomical gift; (2) Specifying during an application for or renewal of a motor vehicle registration that the donor has certified a willingness to make an anatomical gift...

Section 2108.06 | Amendment of anatomical gift.

...(A) Subject to section 2108.08 of the Revised Code, an anatomical gift made under section 2108.04 of the Revised Code may be amended by any of the following means: (1) By a record signed by the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code; (2) Subject to division (C) of this section, by a record signed by another individual acting at the direction of the d...