Ohio Revised Code Search
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Section 5804.16 | Modification to achieve settlor's tax objectives.
...ax objectives, 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 5804.17 | Combination or division of trusts.
...After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts if the result does not substantially impair the rights of any beneficiary or have a materially adverse effect on the achievement of the purposes of the trust. |
Section 5804.18 | When certain trust is irrevocable.
....S.C. 1396p(d)(4) is irrevocable if the terms of the trust prohibit the settlor from revoking it, whether or not the settlor's estate or the settlor's heirs are named as the remainder beneficiary or beneficiaries of the trust upon the settlor's death. |
Section 5817.01 | Definitions.
...ion that is expressly designated in the terms of the trust to receive distributions, but does not include any charitable organization that is not expressly designated in the terms of the trust to receive distributions, but to whom the trustee may in its discretion make distributions. (B)(1) "Beneficiary under a will" means either of the following: (a) Any person designated in a will to receive a testamentary disp... |
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 guardian... |
Section 5817.03 | Action by settlor.
...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 and may not be exercised... |
Section 5817.04 | Jurisdiction; venue.
...(A) A complaint to determine the validity 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... |
Section 5817.05 | Testator complaint; party defendants.
... may have a pecuniary interest in the determination of the validity of the testator's will. (C) A complaint under section 5817.02 of the Revised Code may contain all or any of the following: (1) A statement that a copy of the will has been filed with the court; (2) A statement that the will is in writing; (3) A statement that the will was signed by the testator, or was signed in the testator's name by another... |
Section 5817.06 | Settlor complaint; party defendants.
...charitable trust; (b) A trust for the care of an animal as provided in section 5804.08 of the Revised Code; (c) A trust for a noncharitable purpose as provided in section 5804.09 of the Revised Code. (6) A statement that the trustee of the trust has duties to perform; (7) A statement that the same person is not the sole trustee and sole beneficiary of the trust; (8) A statement that the settlor executed the... |
Section 5817.07 | Service of process.
...(A) Service of process, with a copy of the complaint and the will, and 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 ever... |
Section 5817.08 | Hearing.
...(A) After a complaint is filed under section 5817.02 or 5817.03 of the Revised Code, the court shall fix a time and place for a hearing. (B) Notice of the hearing 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... |
Section 5817.09 | Burden of proof.
...(A) The testator or settlor has the burden of establishing prima facie proof of the execution 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... |
Section 5817.10 | Declaration of validity.
...failure to do so shall not affect the determination of validity of the will or trust. |
Section 5817.11 | Effect of declaration.
...y 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 th... |
Section 5817.12 | Subsequent modification of will.
...(A) After a declaration of a will's validity under division (A)(1) of section 5817.10 of the Revised Code, the will may be modified by a later will or codicil executed according to the laws of this state or another state, and the will may be revoked under section 2107.33 of the Revised Code or other applicable law. (B) The revocation by a later will, or other document under section 2107.33 of the Revised Code, of a... |
Section 5817.13 | Subsequent modification of trust.
...evised Code, the trust may be modified, terminated, revoked, or reformed under sections 5804.10 to 5804.16 of the Revised Code, or other applicable law. (B) The modification, termination, revocation, or reformation by a new trust or other document 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 if... |
Section 5817.14 | Admissibility of evidence.
...ng 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 execut... |
Section 751.01 | Compensation for housing of indigents - housing certificates.
...The legislative authority of any municipal corporation may authorize the fiscal officer of such municipal corporation to enter into agreements with the owners of premises in such municipal corporation occupied by one or more indigent persons upon the relief rolls of the municipal corporation, providing for compensation for the housing of such indigents through the issuance, in the manner provided by section 751.02 to... |
Section 751.02 | Monthly rental agreement - supplemental certificate.
...The fiscal officer of a municipal corporation, to the extent that the monthly rental agreed upon between him and the owner of the premises occupied by indigent persons does not exceed one twelfth of the real estate taxes, exclusive of special assessments, standing charged on the current duplicate against such parcel for the year in which such rental accrues, may, monthly, issue a housing certificate to such owner for... |
Section 751.03 | County treasurer to receive certificate in payment of taxes - disposition of canceled and supplemental certificates.
...The county treasurer shall, upon submission of a housing certificate or a supplementary housing certificate, issued under sections 751.01 to 751.04, inclusive, of the Revised Code, accept such certificate in full or partial payment as provided by such sections, of real estate taxes levied upon premises located within the municipal corporation issuing such certificates. The county treasurer shall distribute the cancel... |
Section 751.04 | Legislative authority to make provision for housing certificates in tax budget.
...Each housing certificate and supplemental housing certificate furnished as provided in sections 751.01 to 751.04, inclusive, of the Revised Code, shall be dated and shall be used for the payment of taxes on the duplicate for the year in which such certificates are issued and subsequent duplicates commencing with the 1938 duplicate. The legislative authority of a municipal corporation issuing housing certificates unde... |
Section 751.05 | Municipal infirmaries - management and control.
...the affairs of city infirmaries and the care of the inmates thereof, the erection and enlargement of infirmary buildings and additions thereto, the repair and furnishing thereof, the improvement of the grounds there with connected, and the granting of outdoor relief to the poor, shall be vested in the director of public safety. |
Section 751.06 | Location of infirmary or pesthouse.
...The infirmary or the pesthouse of a city may be located either inside or outside of the city limits, and the legislative authority may purchase and hold the necessary real estate on which to build it. |
Section 751.07 | Regulations applicable to hospitals shall govern.
... management of a city infirmary, in the care and treatment of the inmates thereof, and in the erection, enlargement, or repair of any building for infirmary purposes, or of any addition thereto, the director of public safety shall have the same powers, be governed by the same regulations, and perform the same duties, as far as applicable, as are vested in a board of hospital commissioners established under section 7... |
Section 751.08 | Care of inmates - separation of sexes.
...dly treated, and he may provide for the care and support of the males and females in separate buildings, or in separate departments of the same building. |