Ohio Revised Code Search
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Section 5808.04 | Duty to act as prudent person.
...A trustee shall administer the trust as a prudent person would and shall consider the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. |
Section 5808.05 | Reasonable administrative costs allowed.
...ept as otherwise permitted by law, in administering a trust, a trustee may incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the trust, and the skills of the trustee. |
Section 5808.06 | Trustee to use any special skills or expertise.
...A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise. |
Section 5808.07 | Delegation of powers and duties.
...(A) A trustee may delegate duties and powers that a prudent trustee having comparable skills could properly delegate under the circumstances. In accordance with this division, a trustee shall exercise reasonable care, skill, and caution in doing all of the following: (1) Selecting an agent, cotrustee, or other fiduciary to whom the delegation is made; (2) Establishing the scope and terms of the delegation consisten... |
Section 5808.08 | Direction of settlor contrary to terms - power of modification.
...d certain powers with respect to the administration of the trust. (C) The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust. (D) Except to the extent otherwise provided by the terms of a trust, a person other than a beneficiary who holds a power to direct, including, but not limited to, a power to direct the modification or termination of... |
Section 5808.09 | Taking control and protection of property.
...A trustee shall take reasonable steps to take control of and protect the trust property. |
Section 5808.10 | Adequate records of administration.
...ee shall keep adequate records of the administration of the trust. (B) A trustee shall keep trust property separate from the trustee's own property. (C) Except as otherwise provided in division (D) of this section and in section 2131.21 of the Revised Code, a trustee not subject to federal or state banking regulation shall cause the trust property to be designated so that the interest of the trust, to the extent fe... |
Section 5808.11 | Enforcement and defense of claims.
...A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. |
Section 5808.12 | Collection of trust property - successor trustees.
...successor trustee with respect to the administration of the trust by a prior trustee shall be governed by section 5815.24 of the Revised Code. |
Section 5808.13 | Keeping beneficiaries informed - requests - required reports.
... trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust. (B) A trustee shall do all of the following: (1) Upon the request of a beneficiary, promptly furnish to the ... |
Section 5808.14 | Judicial standard of review for discretionary trusts.
...(A) The judicial standard of review for discretionary trusts is that the trustee shall exercise a discretionary power reasonably, in good faith, and in accordance with the terms and purposes of the trust and the interests of the beneficiaries, except that with respect to distribution decisions a reasonableness standard shall not be applied to the exercise of discretion by the trustee of a wholly discretionary t... |
Section 5808.15 | General powers of trustee.
...(A) A trustee, without authorization by the court, may exercise powers conferred by the terms of the trust and, except as limited by the terms of the trust, may exercise all of the following powers: (1) All powers over the trust property that an unmarried competent owner has over individually owned property; (2) Any other powers appropriate to achieve the proper investment, management, and distribution of the trust... |
Section 5808.16 | Specific powers of trustee.
...es against liability arising from the administration of the trust; (L) Abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration; (M) With respect to possible liability for violation of environmental law, do any of the following: (1) Inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated b... |
Section 5808.17 | Powers and duties of trustee on termination; protection from liability.
... to receive the distribution, and an administration of the beneficiary's estate is open, the trustee shall make the distribution to the personal representative of the beneficiary's estate. If a beneficiary who was entitled to receive a distribution is deceased, the beneficiary's death did not terminate the beneficiary's right to receive the distribution, and an administration of the beneficiary's estate is not ... |
Section 5808.18 | Trustee's power to make distributions in further trust.
... terms of the first trust. (2) In determining whether a trustee has absolute power to make distributions of principal to any current beneficiary and the identity of the current beneficiaries, all of the following apply: (a) An absolute power to distribute principal includes any power to make distributions of principal that is not limited by reasonably definite standards or ascertainable standards, whether or n... |
Section 5808.19 | Anti-lapse provisions; survivorship with respect to future interests; substitute gifts.
...(A) As used in this section, unless otherwise provided in any other provision in this section: (1) "Beneficiary" means the beneficiary of a future interest and includes a class member if the future interest is in the form of a class gift. (2) "Class member" means an individual who fails to survive the distribution date by at least one hundred twenty hours but who would have taken under a future interest in the form... |