Recent Probate Legislation
123rd General Assembly (1999 - 2000) |
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. |
Substitute HB 2 - Exploit Elderly/Disabled Offense |
| Effective date: 11/10/99 |
SUMMARY - This bill creates the offense of exploitation of an elderly or disabled adult and enhances penalties for committing offenses of theft, unauthorized use of vehicles and misuse of credit cards. Prohibits an individual by deception or intimidation, from knowingly obtaining, using, attempting to obtain or use, or conspire with another to deprive the elderly or disabled adult of the use, benefit, control, or possession of his/her funds, assets, or property absent a privilege or right conferred by law. Allows admissibility of a victim's incapacity to give consent to show that consent was not given when a lack of consent of the victim is an element in violation. PENALTIES - Depends upon the value of funds, assets, or property wrongfully converted or loss to the victim. If value/loss is less than $500.00 the exploitation constitutes a felony of the 5th degree; $500.00 - $4,999.00 constitutes a felony of the 4th degree; $5,000.00 - $25,999.00 constitutes a felony of the 3rd degree; $25,000.00 or more constitutes a felony of the 2nd degree. Theft of a firearm or a motor vehicle constitutes a grand theft felony of the 4th degree. Theft of a dangerous drug is a felony of the 4th degree. AMENDS: 301.27, 2913.01, 2913.02, 2913.03, 2913.04, 2913.21, 2913.31, AND 2913.43 |
Amended Substitute HB 18 - Cemeteries/Preneed Burial Vault Contracts |
| Effective date: 10/20/99 |
SUMMARY - Amends priority of claims against an estate to allow, after costs of administration of an estate, $2,000.00 for funeral expenses and $2,000.00 for burial and cemetery expenses (previous law allowed $2,000.00 for burial and cemetery expenses). Burial and cemetery expenses are limited to: (1) expenses involved in the purchase of place of interment, (2) monuments, (3) outer burial container (4) casket (5) and opening/closing costs of place of interment. Repealed §2117.251 that provided if decedent purchased a preneed funeral contract during lifetime, decent's estate not liable for funeral expenses pursuant to 2117.25. Allows a surviving spouse, or an interested person to petition the probate court for an order granting permission to disinter. Restricts the court's discretion to allow disinterment where "good cause is shown". No permission will be granted to disinter if disinterment was against decedent's religious or "ascertainable beliefs", unless the court finds a compelling interest to disinter. Disinterment will be performed in approximately 30 days upon an order from the Court to the Board of Trustees, or the offices of the municipal cemetery where the remains are interred. Allows persons who are not licensed funeral directors and persons other than cemetery associations to sell funeral goods pursuant to preneed funeral contract provided they comply with selling regulations. Expands the amount of land a cemetery association may exempt from execution, eminent domain, or taxation. Voids contracts entered into with unregistered cemeteries for preneed merchandise or services. Permits the division of real estate in the department of commerce to investigate violations and revoke registration of cemetery owners/operators convicted of violating R.C. 1721.21 or 1721.211. AMENDS: 517.23, 517.24, 759.01, 1111.19, 1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 1721.21, 1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 4735.051, 4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 4767.02, 4767.04, 4767.06, 4767.08, AND 4767.99 |
Substitute HB 58 - Declaratory Judgment - Prohibition from Awarding Attorney Fees |
| Effective date: 09/24/99 |
SUMMARY - Prohibits a court of record from awarding attorney fees in an action or proceeding in which declaratory relief is sought unless explicit statutory authorization allows the court to award attorneys' fees, or the award is authorized by the Frivolous Conduct Law, or by an award of punitive or exemplary damages against the party ordered to pay attorneys' fees. Supercedes the Ohio Supreme Court's holding in Motorist Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St. 3d 157. Prohibits plaintiff or his representatives from commencing a declaratory action against insurer until a judgment for damages has been awarded against insured tortfeasor. Holds a final judgment rendered in an action between insurer and holder of a policy of liability insurance binding upon a judgment creditor seeking relief via a declaratory action or another civil action or an assignee in spite of contrary principle of res judicata or collateral estoppel. Permits insurance companies to assert against judgment creditors coverage defenses generally available against insured's under liability insurance policy. Entitles plaintiff or his representatives upon being awarded damages to an amount up to the remaining limit of liability coverage provided in policy. Provides that creditor may bring an action against insurer in court where final decree was issued if insurer fails to pay within thirty days. AMENDS: 2721.01, 2721.02, 2721.03, 2721.04, 2721.06, 2721.07, 2721.08, 2721.09, 2721.10, 2721.11, 2721.12, 2721.13, 2721.14, 2721.15, 2907.36, 3709.99 |
| Amended Substitute HB 59 - Probate Laws-Revise |
| Effective date: 10/29/99 |
SUMMARY - Changes Charitable Foundations section of the office of attorney general to Charitable Law section. Principal and Income Act updated to give trustees more flexibility. Modifies existing law by insulating a trustee or fiduciary from any "inference of imprudence or partiality" when exercising discretionary power in the administration of income and principal when allocations prove contrary to § 1340.01 to 1340.13 or 2109.66 or the revised code. Allows discretionary allocation between principal and income providing savings clauses for marital deductions and charitable deductions. Permits qualified beneficiaries of an inter vivos trust to request accountings or bring an action to compel trustee to furnish report once every six (6) months. Report should be current - within five (5) months of the request - and show inventory of trust property, receipts credited and expenditures. Matters disclosed in Report are binding upon beneficiary unless beneficiary institutes an action on the report within two (2) years. Changes current law by requiring that a lost, spoliated, or destroyed will be admitted to probate if: 1) Proponent of the will proves by clear and convincing evidence the contents of the will, and that the will was executed; and 2) No person opposing the will establishes by a preponderance of evidence that the testator revoked the will. Requires a testator to possess the same capacity to revoke a will as required when executing a will. Dispenses with bond for administrators and executors who are next of kin of the decedent and entitled to the entire estate. Present values for probate matters to be determined in accordance with the Ohio Estate Tax Law instead of the American Experience Table of Mortality. In Grandparent Adoptions, grandparents are exempted from the requirement of participating in a placement hearing. AMENDS: 109.32, 1339.51, 1340.01, 1340.02, 1340.03, 1340.09, 1340.12, 1716.02, 1716.05, 1716.07, 1716.16, 1716.99, 2103.041, 2107.26, 2107.33, 2109.07, 2109.09, 2109.10, 2109.67, and 5103.16 |
| Amended HB 71 - Mental Health-Violent Client Behavior |
| Effective date: 09/15/99 |
SUMMARY - Provides that mental health facilities be held liable for damages in a civil action or subject to professional discipline for failing to report or hospitalize a patient when the facility has knowledge of the client/patient's explicit intent and ability to inflict physical harm on a readily identifiable individual. Specifies circumstances where the mental health facility may discharge its duty. Provides immunity to person of mental health boards and services or community health agencies or expert witnesses who in good faith assist in the hospitalization, discharge or appropriate placement of the patient/client. AMENDS: 5122.34 |
| HB 161 - Institutional Trust Funds Act |
| Effective date: 09/15/99 |
SUMMARY - Defines income in relation to the year-end assets of the institutional trust fund or the amount requested by the institution's governing board for the fiscal year, not to exceed 5% of the "applicable fund value". Establishes spending standards for trusts held for the benefit of charities. Prevents distributions where trust creator expressly indicates a more narrow definition of income. Applies to trusts executed or in effect before, on, or, after effective date of section. ENACTS: 1340.31 – 1340.37 |
| Substitute HB 176 - Public Funded Day-Care/Adoption Notification |
| Effective date: 10/29/99 |
SUMMARY - Eliminates the requirement of the probate court to notify the Department of Human Services of adoption petitions as well as forwarding final adoption decrees. AMENDS: 3107.07, 3107.11, 3107.19 |
| Substitute HB 294 - Court Costs |
| Effective date: 08/29/00 |
SUMMARY - this bill allows the clerk of court to recover taxed court costs using a "certificate of judgment" as a collecting mechanism against the person who is liable for the payment of court costs. Authorizes the clerk of courts to enter into collection contracts with public and private agencies for amounts due under judgments for costs. AMENDS: 2335.19 and 2335.24 |
| Amended Substitute HB 313 - Estates - Summary Administration |
| Effective date: 08/29/00 |
SUMMARY - Bill permits a summary release from administration of an estate and the transfer of titled assets of the decedent without appointing a fiduciary to persons who pay or are obligated to pay the decedent's funeral/burial expenses. Provides that any person, entity, or organization could be a beneficiary of a POD bank account. Removes the appraisal requirement for the decedent's surviving spouse when selecting up to two automobiles from the decedent's estate and permits the surviving spouse to file an affidavit designating the value. Further the bill allows the decedent's surviving spouse to select a truck under the law despite whether the decent owned an automobile. Extends the statutory exemption to the doctrine of ademption to include a sale of specifically devised or bequeathed property by an agent acting under a power of attorney or durable power of attorney. Bill provides for no forfeiture or postponement of interest in a spendthrift provision of a trust where certain requirements are satisfied. Applies only to forfeiture or postponement portions of a spendthrift provision. Provides for a Transfer On Death of real property to a beneficiary or beneficiaries. AMENDS: 319.54, 1109.07, 1339.411, 1339.68, 2102.12, 2101.16, 2101.24, 2106.10, 2106.13, 2106.18, 2107.501, 2113.03, 2113.61, 2131.10, 5111.11, 5302.01, 5302.02, AND 5731.21 |
| HB 338 - Real Estate Appraisers - Education Requirements |
| Effective date: 06/08/00 |
SUMMARY - This bill requires applicants seeking initial certification or licensure as a real estate appraiser or real estate appraiser assistant to complete at least one course devoted exclusively to federal, state, and municipal fair housing law. AMENDS: 4763.05 |
| Amended Substitute HB 448 - Child Fatality Review Boards - Probate Courts |
| Effective date: 10/05/00 |
SUMMARY - This bill creates a board to collect information about the deaths of children within its border in an effort to prevent future deaths. Amends certain adoption statutes by inserting gender neutral language. In situations where no prosecution results from the death, the Director of the public children service agency must release information to the review board. However, information may not be released where a court of common pleas determines that disclosure of information would not be in the best interest of a sibling of the deceased child or another child residing in that household. AMENDS: refer to Bill |
| Amended Substitute HB 494 - Living Wills/Durable POA Forms |
| Effective date: 03/15/01 |
SUMMARY - Requires provisions concerning health issues to be in "conspicuous type" instead of capital letters. Makes other minor form changes in the living will and durable power of attorney. Provides that these changes do not invalidate an otherwise valid durable power of attorney for health care or living will that was executed prior to the act's effective date in conformity with the law, as it existed on the date of its execution. AMENDS: 1337.12, 1337.13, 1337.17, AND 2133.02 |
| Amended Substitute HB 519 - Marriage Licenses |
| Effective date: 02/12/01 |
SUMMARY - Eliminates the requirement of social security numbers being displayed on marriage licenses. The Probate Court may use a reference number as an alternative to social security numbers on marriage licenses. Requires the Probate Court to delete all social security numbers of the parties to a marriage when those records are made available to the public. Exceptions include requests from: 1) the Division of Child Support; 2) the law enforcement personnel conducting criminal investigations; 3) a court with jurisdiction over a civil or criminal trial; 4) either party to the marriage to which records pertain; and 5) if the court possessed the records in question prior to the effective date of this section. Eliminates the 5-day time limitation between application and issuance of a marriage license. AMENDS: 3105.05 |
| Amended Substitute HB 551 - Viatical Settlement Subject to Ohio Securities Law |
| Effective date: 04/05/01 |
SUMMARY - Creates new R.C. Chapter 3916, which adopts the Viatical Settlements Model Act of the National Association of Insurance Commissioners. Defines "Security" to include any "life settlement interest" and makes viatical settlement interests subject to Securities Law. Makes other changes to Ohio's Securities Law relating to exemption of securities, consent to service of process, licensing for Security dealers and salespersons, private civil actions arising from the sale of a security, and expediting the rule-making authority of the Ohio Division of Securities. AMENDS: SEE BILL |
| Amended Substitute HB 628 - Increase Certain PERS Benefits |
| Effective date: 09/21/00 |
SUMMARY - Modifies the formula for calculating age & service retirement allowances and disability benefits for PERS members who retire or are disabled by increasing the percentage of Final Average Salary (FAS). Modifies the survivor benefits. Recalculates those benefits paid to previously retired members, disabled members, and survivors. Provides that the annual cost-of-living allowance paid to retired members, disabled members, and survivors is 3% (rather than a percentage based on the Consumer Price Index) ENACTS: SEE BILL |
| Substitute HB 712 - Elected Officials Pay Raise |
| Effective date: 12/08/00 |
SUMMARY - Increases the compensation of county elected officials, township trustees and clerks, members of boards of election, judges and justices of the courts, statewide elected officials, and members of the General Assembly. After 2001, Common Please Court Judges' aggregate annual salary shall be increased by an amount equal to the "adjustable percentage" for that year multiplied by the aggregate compensation paid the preceding year. "Adjustable percentage" is the lesser of 3%; or any percentage increase in the consumer price index over the 12-month period that ends on 9/30 of the immediately preceding year, rounded to the nearest 1/10th of 1%. AMENDS: SEE BILL |
| Amended SB 4 - Grant Income Tax Credit to Persons Adopting Children |
| Effective date: 08/19/99 |
SUMMARY - Provides a tax credit of $500.00 per child adopted during the tax year; however, it does not pertain to stepparent adoptions. Taxpayer will not have to furnish the tax commissioner with evidence to claim the credit on his taxes. Orders of adoption will become final during taxable years beginning on or after January 1, 1999. AMENDS: 5747.98 |
| Amended Substitute SB 78 - Public Records - Medium/Mailing |
| Effective date: 12/16/99 |
SUMMARY - Changes phraseology from "governmental units" to "public offices". Requires a public office to duplicate requested public records on the same medium in which the public office maintains the record or any medium that the office determines is easily duplicated. Requires that a copy of public records be transmitted to the person by U.S. mail in a reasonable period of time upon receiving the request. Allows public officers to limit the number of records transmitted through U.S. mail to ten per month unless the requesting party certifies in writing that the information will not be used or forwarded for commercial purposes. Public offices may adopt standards requiring persons to pay before record is forwarded. Standards must be adhered to with consistency. Restricts incarcerated persons from access to records concerning criminal investigations unless records are public and the judge who imposed the sentence finds the information sought is necessary to support a justiciable claim. AMENDS: 149.43 |
| Amended Substitute SB 108 - Estate Tax |
| Effective date: 09/29/00 |
SUMMARY - Increases the credit amount allowed against the estate tax to $6,600.00 beginning in 2001, and to $13,900.00 beginning in 2002. Provides an exemption for a family-owned business from estate taxes when the business passes to family members. Eliminates the estate tax for estates of $200,000.00 or less beginning in 2001, and for estates of $338,000.00 in 2002. Reduces the State of Ohio's share in estate tax proceeds to 30% with 70% to local governments in 2001, and a further reduction to 20% state and 80% local in 2002. Specifies that a trustee of a trust qualifying for the estate tax marital deduction has a duty to annually distribute income from the IRA to the surviving spouse. AMENDS: 1339.412, 5731.02, 5731.14, 5731.21, 5731.47, and 5731.48 |
| Substitute SB 152 - Surviving Spouse-Elective Share of Estate |
| Effective date: 03/22/01 |
SUMMARY - Amends intestate succession law to provide if a person dies without a will and a spouse and one or more children of the decedent survive the person, and all of those children are also the children of the surviving spouse, the surviving spouse takes the entire intestate estate. AMENDS: 2105.06 |
| Substitute SB 171 - Abuse Registry |
| Effective date: 11/22/00 |
SUMMARY - The Bill would create an abuse registry to track caregivers who have a history of neglecting, misappropriating property of, or abusing individuals with mental retardation or developmental disabilities in order to try and prevent repeated abuse. Information in the registry would be considered public record. Would require county MR/DD boards to check the registry before hiring or renewing contracts. Bill requires review of the record by the department and allows "reasonable due process" for suspected employee(s). AMENDS: 2151.421, 5123.61, 5126.30, and 5126.31 |
| Amended Substitute SB 188 - Second Chance Trust Fund |
| Effective date: 12/13/00 |
SUMMARY - Continues the existence of the Second Chance Trust Fund Board beyond December 31, 2000, the present cut-off date. Provides that the Board is not subject to R.C. 101.84. The 09/21/00 Substitution creates the Second Chance Trust Fund Advisory Committee within the Ohio Department of Health, as well as inserting portions of HB 658 and HB 683 including: the development and maintenance of a donor registry by the BMV, development and distribution of informational materials about organ donation, and that a valid donor declaration prevails over family wishes. AMENDS: 2108.15 and 2108.16 |
| Substitute SB 238 - Establish State Board of Orthotics, Prosthetics, Pedorthics |
| Effective date: 10/27/00 |
SUMMARY - Establishes the State Board of Orthotics, Prosthetics, and Pedorthics and provides for the licensure of Orthotists, Prosthetists, and Pedorthists. Empowers the Board to file in the Probate Court an affidavit for mental commitment pursuant to R.C. 5122 for someone mentally ill or mentally incompetent who holds a license in these practices. Upon adjudication of mental illness, the Probate Judge shall immediately notify the Board and will note any license suspension in the margin of the Court's record of the certificate. ENACTS: 4779.30 |
| Amended Substitute SB 260 - Court Approval Structured Settlement Payment Rights |
| Effective date: 10/27/00 |
SUMMARY - Requires individuals seeking to sell their structured settlements for a smaller lump sum to petition a Court for approval of the transfer. The individual will file an application for approval with the Court of Common Pleas of competent jurisdiction, or the Ohio Court that approved the structured settlement agreement. ENACTS: 2323.58, 2323.581, 2323.582, 2323.583, 2323.584, 2323.585, 2323.586, and 2323.587 |
