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Probate Legislation


119 General Assembly (1991 - 1992)
 
These summaries are listed for information purposes only and should not be read as the law. Anyone interested in the subject matter of these summaries may review the enacted statutes.
 
HB 32 - Common Law Marriages
 
Effective date: 10/10/1991
 

SUMMARY - This is a modification to Ohio R.C. 3105.12 and prohibits common law marriages in this state from the effective date on.

Relationships recognized as common law marriages prior to the effective date of the act will still be recognized as common law marriages as will those which are recognized in other states.

 
HB 89 - Estates, Release from Administration
 
Effective date: 04/16/1993
 
SUMMARY - Raises from $25,000.00 to $50,000.00, the maximum value of a decedent's estate that could be released from administration if a surviving spouse is entitled to inherit the estate under certain testate and intestate circumstances.
 
HB 90 - Validity of Certain Inter Vivos Trusts
 
Effective date: 10/10/1991
 
SUMMARY - This act specifies that a trust is not invalid because the settlor is or may become the sole trustee or sole shareholder of the present beneficial enjoyment of the corpus of the trust provided that one or more persons hold a vested, contingent, or expected interest relative to the enjoyment of the corpus upon the cessation of the present beneficial enjoyment. The merger of the legal and equitable titles will not be considered as occurring in the settlor. Such a trust is not to be considered testamentary. This new provision will apply to any trust whether executed prior to, on or after the bill's effective date. (Supersedes Matthias v. Fontaine)
 
HB 166 - Intestate Succession and Wrongful Death
 
Effective date: 08/19/1992
 
SUMMARY - This bill revised the documentation required to record the transfer of a decedent's interest in a survivorship tenancy. Transfer can be made by either certificate of transfer or an affidavit, now accompanied by a certified copy of a death certificate rather than a certificate of death.
 
HB 405 - Clerk-Court Common Pleas, Increasing Fees
 
Effective date: 01/01/1993
 
SUMMARY - The bill enacts Section 2101.162 of the Revised Code permitting the Court to charge a fee not to exceed $10.00 for computerizing the office of the Clerk of Court. The bill authorizes increase in the computerized legal research fee from $1.50 to $3.00 per cause of action. The bill increases the fund for Legal Aid Society from $4.00 to $15.00 in name changes, guardianships and adoptions. This increase to $15.00 is for a five year period commencing January, 1993 through December, 1997.
 
HB 427 - Omnibus Probate Bill
 
Effective date: 10/08/1992
 

SUMMARY - Enacts Ohio R.C. 1107.081 to authorize the partitioning of personal property. (This is to facilitate IRS approval of disclaimer in joint and survivorship accounts.)

Amends Ohio R.C. 1335.01 to specify that a trust is valid regardless of the existence, size, or character of its corpus. (Supersedes Knowles v. Knowles)

Enacts Ohio R.C. 1339.411 to specify that a spendthrift provision in an inter vivos or testamentary trust generally does not cause a forfeiture or postponement of any property interest if the property is granted to the surviving spouse and it qualifies for marital deduction, unless the document states that a marital deduction is less important than enforcing the spendthrift provision.

Enacts Ohio R.C. 1339.67 to provide authority for the trustee of an inter vivos or testamentary trust to consolidate trusts or to divide a single trust into separate trusts if certain conditions are satisfied, and authorizes the trustee or a beneficiary of a trust to seek court approval of such consolidation or division and also authorizes the beneficiary to file objections to such consolidation or division.

Enacts Ohio R.C. 1340.21-23 to establish a general rule regarding a fiduciary's conflict of interest and the exercise of certain discretionary powers to distribute principal or income to a beneficiary by a beneficiary interested fiduciary for his own benefit, and provides exceptions to the general rule.

Amends Ohio R.C. 1775.01, 1782.01, and 1782.23 to modify the Uniform Partnership Law definition of a "person" to include fiduciaries and add a similar definition of the term in the Limited Partnership Law.

Amends Ohio R.C. 2107.52 to permit a testator to manifest the intent in his will that the anti-lapse statute not apply to the issue of predeceased relatives and includes as relatives those persons related by consanguinity to the testator and designated heirs at law.

Amend Ohio R.C. 2107.63 to specify that a testator may by will devise, bequest, or appoint a real or personal property interest to a trustee of a trust that is evidenced by a written instrument signed by the testator or another settlor either before or on the date of the execution of the testator's will, that is identified in the will, and that has been signed, or is signed at any time after the execution of the testator's will, by the trustee or another specified person.

Amends Ohio R.C. 2109.20 to require certain guardians to furnish to the Probate Court a title guarantee or a mortgagee's title insurance policy for the benefit of the guardianship when a mortgage upon unencumbered real estate is substituted for sureties on a guardian's bond.

Amends Ohio R.C. 2109.30 to eliminate certain account requirements in connection with testamentary charitable trusts that merge into qualified community foundations.

Enacts Ohio R.C. 3915.052 to provide that, on and after January 1, 1993, a life insurance company authorized to do business in Ohio generally must pay interest on any proceeds that become due pursuant to the terms of a life insurance policy other than a credit life insurance policy.

Amends Ohio R.C. 4507.52 governing the inclusion of driver's and commercial driver's licenses and state identification cards of an indication that the holder has executed a durable power of attorney for health care or a declaration governing life-sustaining treatment.

 
HB 507 - Life Insurance Policies for Charitable Organizations
 
Effective date: 07/08/1992
 

SUMMARY - Allows a charitable organization to be designated beneficiary in any policy of life insurance issued upon the life or lives of one or more individuals.

Any such institution has an insurable interest in the life of each insured and is entitled to enforce all rights and collect all benefits it is entitled to pursuant to the policy. The bill also applies to all policies, transfers of ownership, or designations of beneficiary issued before the effective date.

 
SB 1 - Living Will
 
Effective date: 10/10/1991
 

SUMMARY - This act recognized living wills as being valid in Ohio. It authorized the execution at any time of a declaration in which the declarant would specify whether he wishes life sustaining treatment to be used or continued, or withheld or withdrawn, by his attending physician if he should be in a terminal condition or in a permanently unconscious state, if his attending physician determines he is no longer able to make informed decisions regarding the administration of the treatment, and if his attending physician determines there is no reasonable possibility that he will regain the capacity to make those informed decisions.

It prescribes form and recordation requirements, physician responsibilities, and objection and complaint procedures involving the Probate Court, revocation authority, and limitations pertaining to comfort care with pregnant declarant, in connection with declarations.

The act also creates a procedure under which specified family members may give written consent to the withholding or withdrawal of life-sustaining treatment in connection with individuals in a terminal condition, or with individuals in a permanently unconscious state for at least the immediately preceding twelve months, who do not have any effective declaration or durable power of attorney for health care, and prescribes a related objection in complaint procedure involving the Probate Courts.

In enacts a procedure under which specified family members can give written consent to the withholding or withdrawal of nutrition and hydration in connection with non-declarants who currently are in and have been for at least the immediately preceding twelve months in a permanently unconscious state and under which the family members can obtain Probate Court's prior approval of the withholding or withdrawal of nutrition and hydration.

Amends the health care power of attorney law.

 
SB 10 - Delinquent Child Support Obligor/Paternity
 
Effective date: 07/15/1992
 
SUMMARY - Amends Sections 2105.18 of the Ohio Revised Code to allow an acknowledgment of paternity to be filed in person or through the mail. The acknowledgment of paternity shall be signed by the natural father and the natural mother, in the presence of two competent and disinterested witnesses who are eighteen years of age or older. The acknowlegment shall also be signed by the two witnesses. If an acknowledgment of paternity is completed and filed in accordance with this section and if the acknowledgment is accompanied by the appropriate fee prescribed in section 2101.16 of the Ohio Revised Code, the Probate Court shall enter the acknowledgment upon its journal.
 
SB 124 - Disabled Persons Trust
 
Effective date: 04/16/1993
 
SUMMARY - Provides for the creation of trusts for the benefit of an individual who has a disability, defined as a medically determinable physical or mental condition that substantially impairs an individual's ability to provide for his own maintenance and support. This section limits to $50,000 the principal that can be held in trust in 1992 with the limit increasing by $2,000 per year thereafter. The trust may be either inter vivos or testamentary. The section establishes certain conditions which must be met so that the trust could not be considered an asset or resource of the beneficiary or the creator of the trust. This section also allows health districts to purchase liability insurance for health care professionals with whom they contract for services; permits certain public hospital governing boards to obtain a secured line of credit, allows a reduction in the membership of a board of a county hospital trustees, and established out-patient heath facilities in another county; permits hospices to enter into agreements with certain homeless shelters; includes certain bailiffs and court constables in the public Employees Retirement Systems law enforcement division; transfers making authority for habilitation services from the Department of Human Services to the Department of Mental Retardation and Developmental Disabilities; modify the membership of the Ohio occupational therapy, physical therapy, and athletic trainers board; and limit the admission of mentally ill or mentally retarded individuals to nursing facilities.
 
SB 206 - Estate Tax Repeal 1991 Increase in Marital Deduction
 
Effective date: 06/29/1991
 
SUMMARY - The provisions to double the base marital deduction from $500,000 to $1,000,000 effective for decedents dying after July 1, 1991, has been repealed, and the marital deduction remains at $500,000 or one-half of the gross estate, whichever is larger.
 
SB 246 - Computerization of the Probate Court
 
Effective date: 03/24/1993
 
SUMMARY - Authorizes funding for computerized legal research.
 
SB 273 - Guardianship: Attorney Restrictions
 
Effective Date: 03/06/1992
 
SUMMARY - No attorney representing a guardian may act as a person with co-responsibility for any guardianship asset for which the guardian he represents is responsible or be a co-signatory on any financial account including checking, savings, or other bank or trust accounts.
 
Lawrence A. Belskis, Judge
  Lawrence A. Belskis
              Judge
 
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