Section 5815.16 | Duty of Attorney to Third Parties.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) Absent an express agreement to the contrary, an attorney who performs legal services for a fiduciary, by reason of the attorney performing those legal services for the fiduciary, has no duty or obligation in contract, tort, or otherwise to any third […]
Section 5815.21 | Federal Estate Tax Marital Deduction Distributions.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly Whenever the executor of a will or the trustee of a testamentary or inter vivos trust is permitted or required to select assets in kind to satisfy a gift, devise, or bequest, whether outright or in trust, intended to qualify for the […]
Section 5815.22 | Spendthrift Provisions.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly (A)(1) Except as provided in divisions (A)(2), (3), and (4) of this section, a spendthrift provision in an instrument that creates an inter vivos or testamentary trust shall not cause any forfeiture or postponement of any interest in property that satisfies both […]
Section 5815.23 | Effect of Requiring or Permitting Accumulation for More Than One Year of Any Income of Property.
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (A) Except as provided in division (B) of this section, an instrument that creates an inter vivos or testamentary trust shall not require or permit the accumulation for more than one year of any income of property that satisfies both of the […]
Section 5815.24 | Limitations on Liability.
Effective: March 27, 2013 Latest Legislation: House Bill 479 – 129th General Assembly (A) As used in this section, “fiduciary” means a trustee under any expressed, implied, resulting, or constructive trust; an executor, administrator, public administrator, committee, guardian, conservator, curator, receiver, trustee in bankruptcy, or assignee for the benefit of creditors; a partner, agent, officer […]
Section 5815.25 | Administrative Duties and Responsibilities of Trust; Exclusion of Fiduciaries.
Effective: March 27, 2013 Latest Legislation: House Bill 479 – 129th General Assembly (A) As used in this section, “fiduciary” means a trustee under any testamentary, inter vivos, or other trust, an executor or administrator, or any other person who is acting in a fiduciary capacity for any person, trust, or estate. (B) If an […]
Section 5815.26 | Holding Cash or Making Temporary Investments.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly (A) As used in this section: (1) “Fiduciary” means a trustee under any testamentary, inter vivos, or other trust, an executor or administrator, or any other person who is acting in a fiduciary capacity for a person, trust, or estate. (2) “Short […]
Section 5815.07 | Check Drawn by Fiduciary Upon Account of His Principal – Liability of Bank.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly If a check is drawn upon the principal’s account by a fiduciary who is empowered to do so, the bank may pay the check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary […]
Section 5815.27 | Application of Generation-Skipping Transfer Tax Provisions.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly (A) A provision in a will or trust agreement, which provision pertains to the payment of any taxes that are imposed by reason of the testator’s or trust creator’s death, does not include the payment of any portion of any tax that […]
Section 5815.08 | Deposit to Personal Credit of Fiduciary.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly If a fiduciary makes a deposit in a bank to the fiduciary’s personal credit of checks drawn by the fiduciary upon an account in the fiduciary’s own name as fiduciary, checks payable to the fiduciary as fiduciary, checks drawn by the fiduciary […]