Ohio Revised Code Search
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Section 2105.14 | Child conceived before intestate's death.
...N o descendant of an intestate shall inherit under this chapter unless s urviving the intestate for at least one hundred twenty hours, or unless born within three hundred days after the death of the intestate and living for at least one hundred twenty hours after birth. |
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Section 2105.15 | Designation of heir at law.
...ly, to stand toward the person in the relation of an heir at law in the event of the person's death. The declaration shall be attested by the two disinterested persons and subscribed by the declarant. If satisfied that the declarant is of sound mind and memory and free from restraint, the judge shall enter that fact upon the judge's journal and make a complete record of the proceedings. From then on the person ... |
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Section 2105.16 | Heirs of aliens may inherit - aliens may hold lands.
...n who is capable of inheriting shall be deprived of the inheritance by reason of any of the person's ancestors having been aliens. Except as provided in section 5301.256 of the Revised Code, aliens may hold, possess, and enjoy real property within this state, either by descent, devise, gift, or purchase, as fully as any citizen of the United States or of this state may do. |
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Section 2105.17 | Children born out of wedlock.
...Children born out of wedlock shall be capable of inheriting or transmitting inheritance from and to their mother, and from and to those from whom she may inherit, or to whom she may transmit inheritance, as if born in lawful wedlock. |
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Section 2105.19 | Persons prohibited from benefiting by the death of another.
...de that is not a proximate result of a felony violation of section 2903.06 of the Revised Code, or of an existing or former law of any other state, the United States, or a foreign nation, substantially equivalent to a violation of or complicity in the violation of any of these sections, no person who is indicted for a violation of or complicity in the violation of any of those sections or laws and subsequently is adj... |
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Section 2105.20 | Waste by tenant for life.
... immediate estate in reversion or remainder and such tenant will be liable in damages to such person for the waste committed or suffered thereto. |
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Section 2105.25 | Filing declaration alleging fatherhood of adult child.
...e Revised Code. (B) A man alleging himself to be the father of an adult child, the adult child's mother, and the adult child may appear together before the probate judge of the county in which the man resides and jointly file a declaration stating that the man is the adult 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... |
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Section 2105.26 | Order declaring fatherhood of adult child.
...sed 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 the father of the adult child. (4) It is in the best interests of the man and adult child that the order be issued. (B... |
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Section 2105.31 | Uniform simultaneous death act definitions.
...ther 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 or annuity policy, account with a transfer-on-death designation or the abbreviation TOD, account with a payable-on-death designation or the abbreviation POD, tra... |
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Section 2105.32 | Person is deemed to have predeceased another person.
...he 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 hundred twenty hours is deemed to have predeceased the other individual. (B) This sect... |
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Section 2105.33 | Person deemed to have predeceased specified event.
...ovision of a governing instrument that relates to the individual surviving an event, including the death of another individual. |
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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... |
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Section 2105.35 | Determination and evidence of death and status.
... 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 the respiratory and circulatory functions of... |
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Section 2105.36 | Provisions of governing instrument.
...r and convincing evidence. (C) The imposition of a one-hundred-twenty-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under section 2131.08 of the Revised Code, but the survival shall be established by clear and convincing evidence. (D) The application of a one-hundred-twenty-hour requirement of survival to multiple governing instruments would result in... |
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Section 2105.37 | Payor or third party not liable.
...g taken any other action in good faith reliance on the person's apparent entitlement under the terms of the governing instrument before the payor or other third party received written notice of a claimed lack of entitlement under sections 2105.31 to 2105.40 of the Revised Code. (B) A payor or other third party is liable for a payment, transfer, or other action taken after the payor or other third party receives writ... |
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Section 2105.38 | Retroactivity.
...ons 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 provision... |
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Section 2105.39 | Uniformity of laws.
...ons 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. |
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Section 2105.40 | Citation.
...ons 2105.31 to 2105.40 of the Revised Code may be cited as the uniform simultaneous death act. |
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Section 2121.01 | Presumption of death.
...(A) Except as provided in division (B) of this section, a presumption of the death of a person arises upon either of the following: (1) When the person has disappeared and been continuously absent from the person's place of last domicile for a five-year period without being heard from during the period; (2) When the person has disappeared and been continuously absent from the person's place of last domicile w... |
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Section 2121.02 | Proceedings in case of presumption of death.
..., the probate court will hear evidence relevant to the allegations of the complaint. (G) No guardian ad litem, trustee for the suit, or other representative shall be required to be appointed to represent the presumed decedent in the proceeding. |
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Section 2121.03 | Probate court hearing.
...e disqualified to testify by reason of relationship as husband or wife to the presumed decedent, or by reason an interest in the presumed decedent's property, or because of a right or interest under the terms of a contract, beneficiary designation, trust, or otherwise, arising by reason of the death of the presumed decedent. |
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Section 2121.04 | Date of decree - marriage dissolved.
...(A) If satisfied that a presumption of death has been established, as provided in section 2121.01 of the Revised Code, the probate court shall so decree. (B) The death of such presumed decedent shall for all purposes under the law of this state be regarded as having occurred as of the date of such decree. (C) If the presumed decedent is married on the date of the decree, the presumed decedent's marriage is dissolve... |
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Section 2121.05 | Proceedings for probating will.
...presumed decedent, made the payment or delivered the property. The bond shall be further conditioned on returning the fair value of the property if the same shall have been sold or otherwise disposed of in the interim. (E) If the person or entity who would benefit by an order, as provided in division (B) of this section, fails to provide a bond for the amount of the assets of the presumed decedent that were cr... |
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Section 2121.06 | Descent of real property.
... Persons taking the real property may sell or mortgage it and the purchaser or mortgagee takes a good title, free and discharged of any interest or claim of the presumed decedent. The persons taking the real property shall not sell, convey, or mortgage any part of the property within the three-year period specified in section 2121.08 of the Revised Code without first giving bond in an amount to be fixed by the... |
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Section 2121.07 | Bond required for distribution of estate.
...tion shall preclude a distributee from selling, encumbering, or otherwise disposing of any property so distributed and any purchaser, transferee, or mortgagee acquires good title to such property free and clear of any claim of the presumed decedent. |