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Probate Legislation

 
 
120th General Assembly (1993 - 1994)
 
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 9 - Probate
 
Effective date: 09/14/1993
 
SUMMARY - Increases from $50,000.00 to $85,000.00, the maximum value of an estate that can be relieved from administration if a surviving spouse is entitled to inherit all assets of the estate under certain testate and intestate circumstances; to increase the fee for services rendered in an associated release from administration proceeding to $70.00 and to require that $20.00 of that fee be paid to the County Indigent Guardianship Fund.
 
HB 62 - Adoption of Uniform Transfer-On-Death Security Registration Act
 
Effective date: 10/01/1993
 
SUMMARY - Adopts the Uniform Transfer-On-Death Security Registration Act to provide for automatic transfer of ownership and securities to beneficiaries on the death of the owner or owners; establishes the general requirements for registering securities in beneficiary form; establishes the rights, liabilities and obligations of beneficiaries in registering entities.
 
HB 208 - Probate Revisions
 
Effective date: 06/23/1994
 
SUMMARY - Provides that when a will has been admitted to probate, the fiduciary or other persons must give notice of its admission and file a certificate of giving such notice; modifies the time within which a will contest action can be brought; eliminates the publication of notice of hearing on a fiduciary's account and an estate's inventory; substitutes the filing of a certificate of termination for a final account in estates where the sole legatee is the Executor.
 
HB 343 - Malpractice-Comfort Care
 
Effective date: 07/22/1994
 
SUMMARY - To clarify the ability of attending physicians and health care personnel to provide a full range of comfort care procedures, and treatments to a principal in a terminal condition. Provides that an attending physician who carries out comfort care in good faith, is not subject to criminal prosecution or professional disciplinary action. This qualified immunity attaches even though the medical procedure used may appear to hasten or increase the risk of the principal's death.
 
HB 457 - Estate Administration
 
Effective date: 11/09/1994
 
SUMMARY - Increases to $35,000.00 the maximum value of a decedent's estate that can be relived from administration upon application of any interested party. Establishes a $60.00 application fee for all estates to be relieved from administration and that $20.00 of the application fee be deposited into the county indigent guardianship fund. Provides that the Probate Court may appoint an investigator to investigate the need for, or circumstances of, a minor guardianship.
 
HB 458 - Survivorship
 
Effective date: 07/20/1994
 
SUMMARY - Permits two persons to own a motor vehicle or watercraft as joint owners with rights of survivorship. Upon the death of one and the filing of an affidavit on behalf of the surviving person, full title would be vested in the survivor.
 
HB 637 - Judicial Impact Statements
 
Effective date: 10/06/1994
 
SUMMARY - Proposes that judicial impact statements be prepared by the Ohio Judicial Conference for any bill that appears to affect the revenues or workload of the courts of Ohio. In preparing the judicial impact statement, any court may be requested to provide estimates of how the proposed bill will effect revenues and expenditures.
 
HB 694 - MRDD
 
Effective date: 11/11/1994
 
SUMMARY - Makes various changes in laws governing the Department of Mental Retardation and Developmental Disabilities. Specifically provides that a trust authorized by this bill shall not be considered an asset of the beneficiary, his estate, or the testator's estate if, the testator is deceased, the trust principal does not exceed $200,000.00 or the trust instrument provides that upon the death of the beneficiary, a portion of the assets remaining will be deposited to the credit of the services fund for individuals with mental illness.
 
SB 21 - MRDD Programs and Services
 
Effective date: 10/29/1993
 
SUMMARY - Defines "mentally retarded person subject to institutionalization by court order" as a person 18 years or older and either: 1) represents a substantial risk of physical injury to himself evidenced by the inability to care for basic needs and provision of such needs is not available in the community; or 2) is susceptible to significant habitation in an institution.
 
SB 38 - Criminal Record Check
 
Effective date: 10/29/1993
 
SUMMARY - Requires the administrative director of any entity which designates prospective adoptive or foster parents to request a criminal records check of applicants. If the prospective parent fails to provide the necessary information, they cannot be considered as a prospective adoptive parent.
 
SB 71 - Charitable Trusts
 
Effective date: 10/29/1993
 
SUMMARY - Authorizes the Attorney General to waive the additional $200 fee for late payment of the annual report filing fee for a charitable trust, upon a showing that the trustees of the trust failed to pay the filing fee at the required time for reasons beyond their control.
 
SB 113 - Guardian's Liability/Ward's Debts
 
Effective date: 10/29/1993
 
SUMMARY - States that if a guardian of the estate enters into a contract and has representative capacity as guardian, the guardian is not personally liable on that contract unless the contract otherwise specifies. The guardian is not personally liable for any debt of his ward other than from the assets of the ward, unless one or more of the following applies: 1) the guardian agrees to be responsible for the debt; 2) the guardian is liable because of another legal relationship that gives rise to or results in a duty of support relative to the ward; 3) the negligence of the guardian gave rise to or resulted in the debt and 4) the guardian was acting without authority.
 
SB 114 - Trust Law
 
Effective date: 08/10/1994
 

SUMMARY - The bill states that a memorandum of trust that satisfies the following requisites can be presented for record in the office of the County Recorder of any county in which real property that is a subject to the trust is located: 1) the memorandum is executed by the settlor and the trustee, attested by witnesses, and acknowledged by the settlor and the trustee in accordance with Section 5301.01; and 2) the memorandum states all of the following: a) names and address of settlor and trustee; b) date of execution of trust; and c) powers specified in the trust relative to the acquisition, sale or encumbering of real property by the trustee or the conveyance of real property by trustee and restrictions upon those powers. A memorandum that meets these requirements may also set forth the substance or actual text of provisions of the trust that are not described in section divisions. In addition, the memo that satisfies the above requirements shall constitute notice only of the information contained in it.

On the presentation of a memorandum of trust that satisfies these divisions and accompanied by the payment of the requisite fee described in Section 317.32 a County Recorder shall record the memorandum of trust.

 
SB 128 - Estate Tax Records
 
Effective date: 01/18/1994
 
SUMMARY - Allows fiscal officers of municipal corporations and townships to inspect and copy estate tax returns in connection with their duties.


Lawrence A. Belskis, Judge
  Lawrence A. Belskis
              Judge
 
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