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may petition court
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Section 2105.20 | Waste by tenant for life.

...A tenant for life in real property who commits or suffers waste thereto shall forfeit that part of the property, to which such waste is committed or suffered, to the person having the immediate estate in reversion or remainder and such tenant will be liable in damages to such person for the waste committed or suffered thereto.

Section 2105.25 | Filing declaration alleging fatherhood of adult child.

... child's father and requesting that the court issue an order declaring the man to be the adult child's father. The declaration must state that the adult child's birth certificate does not designate anyone as the adult child's father, the request for the order is made freely and voluntarily by all parties appearing before the court, and genetic test results show the man is the adult child's father. A copy of the birth...

Section 2105.26 | Order declaring fatherhood of adult child.

...(A) If the probate court determines the following, it shall issue the order requested under section 2105.25 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 t...

Section 2105.31 | Uniform simultaneous death act definitions.

...As used in sections 2105.31 to 2105.40 of the Revised Code: (A) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts 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 o...

Section 2105.32 | Person is deemed to have predeceased another person.

...(A) Except as provided in section 2105.36 of the Revised Code, if title to property, the devolution of property, the right to elect an interest in property, 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 h...

Section 2105.33 | Person deemed to have predeceased specified event.

...Except as provided in section 2105.36 of the Revised Code, an 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.

Section 2105.34 | Co-owners with right of survivorship.

...Except as provided in section 2105.36 of the Revised Code, the following shall apply: (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 accoun...

Section 2105.35 | Determination and evidence of death and status.

...In addition to any provisions of the Rules of Evidence, the following provisions relating to the determination of death and status apply: (A)(1) An individual is dead if the individual has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the brain, including the brain stem, as determined in accordance with accepted medical standards. If th...

Section 2105.36 | Provisions of governing instrument.

...Survival by one hundred twenty hours is not required if any of the following applies: (A) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common 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...

Section 2105.37 | Payor or third party not liable.

...perty held by it to or with the probate court that has jurisdiction over the decedent's estate. If no probate proceedings have been commenced, upon receipt of written notice of a claimed lack of entitlement under sections 2105.31 to 2105.40 of the Revised Code, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the probate court located in the county...

Section 2105.38 | Retroactivity.

...(A) Sections 2105.31 to 2105.40 of the Revised Code do not impair any act done in any proceeding, or any right that accrued, before the effective date of the amendment of this section. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run, prior to the effective date of the amendment of this section, under any provision of the Revised Code, the ...

Section 2105.39 | Uniformity of laws.

...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.

Section 2105.40 | Citation.

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

Section 2106.01 | Election by surviving spouse.

... or executor of the estate, the probate court shall issue a citation to the surviving spouse, if any is living at the time of the issuance of the citation, to elect whether to exercise the surviving spouse's rights under Chapter 2106. of the Revised Code, including, after the probate of a will, the right to elect to take under the will or under section 2105.06 of the Revised Code. A surviving spouse may waive...

Section 2106.02 | Citation to make election.

...hat the citation has been issued by the court shall be given to the administrator or executor of the estate of the deceased spouse. (B) The citation shall be accompanied by a general description of the effect of the election to take under the will or under section 2105.06 of the Revised Code and the general rights of the surviving spouse under Chapter 2106. of the Revised Code. The description shall include a specif...

Section 2106.03 | Complaint - construction of will.

...use 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.

Section 2106.04 | Failure to make election - presumption.

...If the surviving spouse dies before probate of the will, or, having survived the probate, thereafter either fails to make the election provided by section 2106.01 of the Revised Code or dies without 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, devis...

Section 2106.05 | Election to take under the will - effect.

...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...

Section 2106.06 | Election made in person.

...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...

Section 2106.07 | Commission issued to take election of spouse.

...half of a surviving spouse, the probate court may issue a commission, with a copy of 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.

Section 2106.08 | Election made by one under legal disability.

...s come to the knowledge of the probate court, the probate court shall appoint some suitable person to ascertain the value of the provision made for the surviving spouse by the testator, the value of the rights of the surviving spouse in the estate of the testator under Chapter 2105. of the Revised Code, and the adequate support needs of the surviving spouse after taking into consideration the other available r...

Section 2106.10 | Election to receive mansion house.

...nt's interest in the mansion house, the court shall issue the certificate of transfer. (D) The surviving spouse may make an election pursuant to division (A) of this section in an estate relieved from administration under section 2113.03 of the Revised Code or in an estate that is subject to an order granting a summary release from administration under section 2113.031 of the Revised Code. The election shall be made...

Section 2106.11 | Specific monetary share payable to a surviving spouse.

...item of personal property included. The court shall examine the application and make a finding of the amount of personal property to be distributed to the surviving spouse, and shall order that the personal property be distributed to the surviving spouse. The court concurrently shall make a finding of the amount of money that remains due and payable to the surviving spouse in satisfaction of the specific moneta...

Section 2106.13 | Allowance for support.

...idered estate assets. (B) The probate court shall order the distribution of the allowance for support described in division (A) of this section as follows: (1) If the person died leaving a surviving spouse and no minor children, one hundred per cent to the surviving spouse; (2) If the person died leaving a surviving spouse and minor children, and if all of the minor children are the children of the surviving sp...

Section 2106.15 | Mansion house.

...A surviving spouse may remain in the mansion house free of charge for one year, except that such real property may be sold within that time for the payment of debts of the decedent. If the real property is so sold, the surviving spouse shall be compensated from the estate to the extent of the fair rental value for the unexpired term, such compensation to have the same priority in payment of debts of estates as the al...