Ohio Revised Code Search
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Section 2108.83 | Dispute regarding right of disposition.
...r 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 to complete funeral or other arrangements pertaining to final disposition until such funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person receives a court order or a written document ... |
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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. |
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Section 2108.85 | Costs and legal fees arising from legal action.
...er 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 organization, or other person may add to the costs the person charges for the goods and services the person provided the legal fees, if reasonable, and the court costs that the person incurred. (B) The right created by... |
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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... |
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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... |
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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. |
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Section 2108.89 | Liability for costs of disposition.
...larant or deceased person: (A) A representative or successor who assumes liability for the cost of such goods and services by signing a written declaration that states that such an 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. |
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Section 2108.90 | Exclusive jurisdiction of probate court over disputes.
... living person whose post-death arrangements are the subject of dispute resides shall have exclusive jurisdiction over any action that results from sections 2108.70 to 2108.89 of the Revised Code. |
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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. |
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Section 2109.01 | Fiduciary defined.
...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 the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code, appointed by an... |
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Section 2109.02 | Appointment and duties.
...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 perform the fiduciary's duties, and that the fiduciary is subject to possible penalties for conversion of property the fiduciary held as a fiduciary. The written acceptance may be filed with the application for appointment. ... |
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Section 2109.021 | Fiduciary filings by mail or in person.
... of estates, guardianships, or trusts, unless the court in writing notifies the fiduciary or attorney of record that a personal appearance is necessary, or a personal appearance is otherwise required by law. The court shall reject an improper or incomplete filing and shall return it to the sender. |
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Section 2109.03 | Fiduciary's attorney.
...in the probate court for compensation, unless the person has been admitted to the practice of law within the state. This section does not prevent any person from representing the person's own interest in any estate, matter, action, or proceeding. |
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Section 2109.04 | Bond.
...etters are to be issued a bond with a penal sum in an amount that is fixed by the court, but in no event less than double the probable value of the personal property and of the annual real property rentals that will come into the possession or under the control of the person as a fiduciary. The bond of a fiduciary shall be in a form approved by the court and signed by two or more personal sureties or by one or... |
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Section 2109.05 | Bond - trust created by will.
...When considered necessary by the probate court and not otherwise directed in the will, a bond, as provided by sections 2109.01 to 2109.58 of the Revised Code, shall be required in all trusts created by will and not fully discharged, on the petition of an interested person and after notice to the trustee. If the trustee fails to give bond within the time ordered by the court, the court shall remove the trustee ... |
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Section 2109.06 | New or additional bond.
...ureties in the prior bond shall nevertheless be liable for all breaches of the conditions set forth in the bond that are committed before the new bond is approved by the court. The court shall 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. |
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Section 2109.07 | Bond conditions - administrator - when not required.
...tor; (3) To render a just and true account of the administrator's administration at the times required by section 2109.301 of the Revised Code; (4) To deliver the letters of administration into court if a will of the deceased is proved and allowed. |
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Section 2109.08 | Bond conditions - 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. |
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Section 2109.09 | Bond conditions - executor.
...the next of kin and if the executor is entitled to the entire net proceeds of the estate. (B) The bond otherwise required of an executor by section 2109.04 of the Revised Code shall be conditioned as follows: (1) To file with the probate court within the time required by section 2115.02 of the Revised Code an inventory of all the tangible and intangible personal property of the testator that is to be administ... |
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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... |
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Section 2109.11 | Bond conditions - testamentary trustees.
...tee; (C) To render a just and true account of the trustee's administration at the times required by section 2109.303 of the Revised Code. |
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Section 2109.12 | Bond conditions - guardians.
...ian; (C) To render a just and true account of the guardian's administration at any times required by or pursuant to section 2109.302 of the Revised Code. |
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Section 2109.13 | Deposit of personal property in lieu of bond.
...iduciary, and the personal property deposited shall not be withdrawn from the custody of the bank, savings bank, association, credit union, or trust company except upon the special order of the court. No fiduciary shall receive or collect the whole or any part of the principal represented by the personal property without the special order of the court. Such an order can be made in favor of the fiduciary only if the c... |
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Section 2109.14 | Deposit of works of art in museum authorized - reduction of bond.
...ed, the court may fix or reduce the amount of the bond so that the amount of the penalty of the bond is determined with respect to the value of the remainder only of the estate or fund, without including the value of the property deposited. Neither the fiduciary nor the fiduciary's sureties shall be liable for any loss to the trust estate resulting from a deposit authorized and directed by the court pursuant t... |
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Section 2109.15 | Informality of bond.
...nformality or illegality in the appointment of such fiduciary. Such bond shall have the same effect as if the appointment had been legally made and the bond executed in proper form. |