reglab/housing_qa huggingface dataset:
Ohio Rev Code § 2125.01 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2125 | Action for Wrongful Death|Section 2125.01 | Action for Wrongful Death.

Effective: July 6, 2001|Latest Legislation:  Senate Bill 108 - 124th General Assembly|When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances which make it aggravated murder, murder, or manslaughter. When the action is against such administrator or executor, the damages recovered shall be a valid claim against the estate of such deceased person. No action for the wrongful death of a person may be maintained against the owner or lessee of the real property upon which the death occurred if the cause of the death was the violent unprovoked act of a party other than the owner, lessee, or a person under the control of the owner or lessee, unless the acts or omissions of the owner, lessee, or person under the control of the owner or lessee constitute gross negligence.When death is caused by a wrongful act, neglect, or default in another state or foreign country, for which a right to maintain an action and recover damages is given by a statute of such other state or foreign country, such right of action may be enforced in this state. Every such action shall be commenced within the time prescribed for the commencement of such actions by the statute of such other state or foreign country.The same remedy shall apply to any such cause of action now existing and to any such action commenced before January 1, 1932, or attempted to be commenced in proper time and now appearing on the files of any court within this state, and no prior law of this state shall prevent the maintenance of such cause of action.
Ohio Rev Code § 2125.03 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2125 | Action for Wrongful Death|Section 2125.03 | Distribution to Beneficiaries.

Effective: October 1, 1996|Latest Legislation:  House Bill 391 - 121st General Assembly|(A)(1) The amount received by a personal representative in an action for wrongful death under sections 2125.01 and 2125.02 of the Revised Code, whether by settlement or otherwise, shall be distributed to the beneficiaries or any one or more of them. The court that appointed the personal representative, except when all of the beneficiaries are on an equal degree of consanguinity to the deceased person, shall adjust the share of each beneficiary in a manner that is equitable, having due regard for the injury and loss to each beneficiary resulting from the death and for the age and condition of the beneficiaries. If all of the beneficiaries are on an equal degree of consanguinity to the deceased person, the beneficiaries may adjust the share of each beneficiary among themselves. If the beneficiaries do not adjust their shares among themselves, the court shall adjust the share of each beneficiary in the same manner as the court adjusts the shares of beneficiaries who are not on an equal degree of consanguinity to the deceased person.(2) The court may create a trust for any beneficiary who is under twenty-five years of age by ordering that the portion of the amount received by the personal representative for that beneficiary be deposited in trust for the benefit of that beneficiary, until the beneficiary reaches twenty-five years of age, and order the distribution of the amount in accordance with the provisions of the trust. Prior to appointment as a trustee of a trust created pursuant to this section, the person to be appointed shall be approved by each adult beneficiary and by the guardian of each minor beneficiary of the trust.(3) The personal representative shall not distribute any amount received in an action for wrongful death under sections 2125.01 and 2125.02 of the Revised Code to any person in relation to whom the court has entered an order pursuant to division (E)(2) of section 2125.02 of the Revised Code.(B) The court shall distribute the amount of funeral and burial expenses awarded, or received by settlement, by reason of the death to the personal representative of the decedent, to be expended by the personal representative for the payment, or as reimbursement for the payment, of the expenses.
Ohio Rev Code § 2125.04 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2125 | Action for Wrongful Death|Section 2125.04 | New Action.

Effective: March 24, 2010|Latest Legislation:  Senate Bill 106 - 128th General Assembly|In every civil action for wrongful death that is commenced or attempted to be commenced within the time specified by division (D)(1) or (D)(2)(c), (d), (e), (f), or (g) of section 2125.02 of the Revised Code, if a judgment for the plaintiff is reversed or the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the personal representative of the plaintiff may commence a new civil action for wrongful death within one year after the date of the reversal of the judgment or the plaintiff's failure otherwise than upon the merits or within the period specified by any of those divisions, whichever occurs later.
Ohio Rev Code § 2127.01 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.01 | Sale of Lands by Executors and Administrators.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|All proceedings for the sale of lands by executors, administrators, and guardians shall be in accordance with section 2127.01 to 2127.43, inclusive, of the Revised Code, except where the executor has testamentary power of sale, and in that case the executor may proceed under such sections or under the will.
Ohio Rev Code § 2127.011 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.011 | Disposition of Real Property.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|(A) In addition to the other methods provided by law or in the will and unless expressly prohibited by the will, an executor or administrator may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real property belonging to the estate at any time at prices and upon terms that are consistent with this section and may execute and deliver deeds and other instruments of conveyance if all of the following conditions are met: (1) The surviving spouse, all of the legatees and devisees in the case of testacy, and all of the heirs in the case of intestacy, give written consent to a power of sale for a particular parcel of real property or to a power of sale for all the real property belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate court.(2) Any sale under a power of sale authorized pursuant to this section shall be made at a price of at least eighty per cent of the appraised value, as set forth in an approved inventory.(3) No power of sale provided for in this section is effective if the surviving spouse or any legatee, devisee, or heir is a minor. No person may give the consent of the minor that is required by this section.(B) A surviving spouse who is the executor or administrator may sell real property to self pursuant to this section.
Ohio Rev Code § 2127.012 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.012 | Disposal of Real Estate.

Effective: April 6, 2017|Latest Legislation:  House Bill 432 - 131st General Assembly|(A) In addition to the other methods provided by law, a guardian of the estate may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real estate belonging to the estate at any time, at prices, and upon terms that are consistent with this section, and may execute and deliver deeds and other instruments of conveyance if all of the following conditions are met: (1) The ward's spouse and all persons entitled to the next estate of inheritance from the ward in the real property give written consent to a power of sale for a particular parcel of real estate or to a power of sale for all the real estate belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate court. (2) Any sale under a power of sale authorized under this section shall be made at a price of at least eighty per cent of the appraised value, as set forth in an approved inventory, if the real estate was appraised within two years prior to the filing of the consents. If the value of the real estate in an approved inventory was not determined by an appraisement, or the appraisement was completed more than two years prior to the filing of the consents, the real estate shall be appraised and a sale shall be made at a price of at least eighty per cent of the appraised value. (3) No power of sale provided for in this section is effective if the ward's spouse or any next of kin is a minor. No person may give the consent of the minor that is required by this section. (4) Upon filing the consents under this section, the guardian shall execute such bond or additional bond payable to the state in an amount that the court considers sufficient, having regard to the amount of real property to be sold, its appraised value, the amount of the original bond given by the guardian, and the distribution to be made of the proceeds arising from the sale. (B) A ward's spouse who is the guardian of the estate may sell real estate to self pursuant to this section.
Ohio Rev Code § 2127.02 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.02 | Payment of Debts.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|As soon as an executor or administrator ascertains that the personal property in the possession or under the control of the executor or administrator is insufficient to pay all the debts of the decedent, together with the allowance for support to the surviving spouse, minor children, or surviving spouse and minor children of the decedent as provided in section 2106.13 of the Revised Code, and the costs of administering the estate, the executor or administrator shall commence a civil action in the probate court for authority to sell the decedent's real property.
Ohio Rev Code § 2127.03 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.03 | Payment of Legacies.

Effective: May 31, 1990|Latest Legislation:  House Bill 346 - 118th General Assembly|When by operation of law or the provisions of a will, a legacy is effectual to charge real property, and the personal property is insufficient to pay the legacy, together with all the debts, the allowance to the surviving spouse, minor children, or surviving spouse and minor children as provided in section 2106.13 of the Revised Code, and the costs of administering the estate, the executor, administrator, or administrator with the will annexed shall commence a civil action in the probate court for authority to sell the real property so charged.If the executor, administrator, or administrator with the will annexed fails to commence the action mentioned in this section or section 2127.02 of the Revised Code, the probate court in which letters testamentary have been granted, upon its own motion or upon motion by a creditor or legatee, shall order the executor, administrator, or administrator with the will annexed to commence such an action, and proceed in the manner prescribed in this chapter.
Ohio Rev Code § 2127.05 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.05 | Guardian May Sell.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Whenever necessary for the education, support, or the payment of the just debts of the ward, or for the discharge of liens on the real property of the ward, whenever the real property of the ward is suffering unavoidable waste, or a better investment of its value can be made, or whenever it appears that a sale of the real property will be for the benefit of the ward or the ward's children, the guardian of the person and estate or of the estate only of a minor, person unable to manage the person's property because of mental illness or deficiency, habitual drunkard, confined person, or other person under disability may commence a civil action in the probate court for authority to sell all or any part of the real property of the ward. If it appears to the advantage of the ward to lay out all or any part of the real property in town lots, application for that authority may also be made in the action. When the same person is guardian for two or more wards whose real property is owned by them jointly or in common, the actions may be joined, and in one complaint the guardian may ask for the sale of the interest of all or any number of the guardian's wards in the real property. If different persons are guardians of wards interested jointly or in common in the same real property, they may join as parties plaintiff in the same action. On the hearing, in either case, the court may authorize the sale of the interest of one or more of the wards.
Ohio Rev Code § 2127.06 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.06 | Successor Fiduciary Shall Complete Sale Proceedings.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|If the fiduciary who brings an action under section 2127.01 to 2127.43 of the Revised Code dies, resigns, or is removed, or the fiduciary's powers cease at any time before the real property sold is conveyed, a successor fiduciary may be substituted as a party to the action and may convey real property, whether sold before or after the successor fiduciary's appointment. The successor fiduciary may also be required to give an additional bond.
Ohio Rev Code § 2127.07 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.07 | Real Property Subject to Sale.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Any interest in real property, whether legal or equitable, that the deceased had a right to sell or dispose of at the time of the deceased's death, or of which the ward was seized at the time the action was brought, including coal, iron ore, limestone, fireclay, or other mineral upon or under the real property, or the right to mine them, may be sold by an executor, administrator, or guardian under sections 2127.01 to 2127.43 of the Revised Code. This section does not give an executor or administrator with the will annexed authority to sell real property for the payment of legacies, other than as charged by the testator or by operation of law. This section does not give a guardian authority to sell an equitable estate in real property placed by deed of trust, beyond the power of the ward to sell, convey, or assign.
Ohio Rev Code § 2127.08 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.08 | Fractional Interests - Sale of Entire Interest.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|When the interest of a decedent or ward in real property is fractional and undivided, the action for authority to sell the real property shall include only the undivided fractional interest, except that the executor, administrator, or guardian, the owner of any other fractional interest, or any lien holder may, by pleading filed in the cause setting forth all interests in the property and liens on the property, require that the action include the entire interest in the property, and the owner of the interests and liens shall receive the owner's respective share of the proceeds of sale after payment has been made of the expenses of sale including reasonable attorney fees for services in the case. Those fees shall be paid to the plaintiff's attorney unless the court awards some part of the fees to other counsel for services in the case for the common benefit of all the parties, having regard to the interest of the parties, the benefit each may derive from the sale, and the equities of the case. The fees of the executor, administrator, or guardian shall be a charge only against the portion of the proceeds of sale that represents the interests of the decedent or ward.
Ohio Rev Code § 2127.09 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.09 | Venue.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|An action by an executor, administrator, or guardian to obtain authority to sell real property shall be brought in the county in which the executor, administrator, or guardian was appointed or in which the real property subject to sale or any part of the property is situated. If the action is brought in a county other than that in which the real property or a part of the property is situated, a certified transcript of the record of all proceedings had in that county shall be filed with and recorded by the probate court of each county in which the real property or any part of the property is situated.
Ohio Rev Code § 2127.10 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.10 | Action to Sell Real Property.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|An action to obtain authority to sell real property shall be commenced by the executor, administrator, or guardian by filing a complaint with the probate court. The complaint shall contain a description of the real property proposed to be sold and its value, as near as can be ascertained, a statement of the nature of the interest of the decedent or ward in the real property, a recital of all mortgages and liens upon and adverse interests in the real property, the facts showing the reason or necessity for the sale, and any additional facts necessary to constitute the cause of action under the section of the Revised Code on which the action is predicated.
Ohio Rev Code § 2127.11 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.11 | Summary Proceeding if Value of Land Less Than Three Thousand Dollars.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|When the actual market value of a decedent's or ward's real property to be sold is less than three thousand dollars, and the court so finds, it may by summary order authorize the sale and conveyance of the real property at private sale, on the terms that it considers proper, and in that proceeding, all requirements of sections 2127.01 to 2127.43 of the Revised Code, as to service of summons, appraisal, and additional bond, shall be waived.
Ohio Rev Code § 2127.12 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.12 | Necessary Parties in Sale by Executor or Administrator.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|In an action by an executor or administrator to obtain authority to sell real property, the following persons shall be made parties defendant: (A) The surviving spouse;(B) The heirs, devisees, or persons entitled to the next estate of inheritance from the decedent in the real property and having an interest in it, but their spouses need not be made parties defendant;(C) All mortgagees and other lienholders whose claims affect the real property or any part of it;(D) If the interest subject to sale is equitable, all persons holding legal title to the interest or any part of it, and those who are entitled to the purchase money for it, other than creditors;(E) If a fraudulent transfer is sought to be set aside, all persons holding or claiming under the transfer;(F) All other persons having an interest in the real property.
Ohio Rev Code § 2127.13 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.13 | Necessary Parties in Sale by Guardian.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|In an action by a guardian to obtain authority to sell the real property of the guardian's ward the following persons shall be made parties defendant: (A) The ward;(B) The spouse of the ward;(C) All persons entitled to the next estate of inheritance from the ward in the real property who are known to reside in Ohio, but their spouses need not be made parties defendant;(D) All lienholders whose claims affect the real property or any part of the property;(E) If the interest subject to the sale is equitable, all persons holding legal title to the real property or any part of the property;(F) All other persons having an interest in the real property, other than creditors.
Ohio Rev Code § 2127.14 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.14 | Service of Summons.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Service of summons, actual or constructive, in an action to sell the real property of a decedent or a ward shall be had as in other civil actions, but if any competent person in interest enters appearance or consents in writing to the sale, service on that person shall not be necessary. If all parties consent in writing to the sale, an order for the sale may issue forthwith.
Ohio Rev Code § 2127.15 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.15 | Pleadings and Procedure.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|All pleadings and proceedings in an action to obtain authority to sell the real property of a decedent or a ward in the probate court shall be the same as in other civil actions, except as otherwise provided in sections 2127.01 to 2127.43 of the Revised Code.
Ohio Rev Code § 2127.16 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.16 | Sale to Be Free of Dower.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|In a sale of real property by an executor, administrator, or guardian, the real property shall be sold free of all right and expectancy of dower in the property, but out of the proceeds of the sale, in lieu of dower, the court shall allow to the person having any dower interest in the property a sum in money that is the just and reasonable value of the dower, unless the answer of the person waives that allowance.
Ohio Rev Code § 2127.17 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2127 | Sale of Lands|Section 2127.17 | Costs When There Are Objections to Granting Order for Sale.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|In an action to obtain authority to sell real property, if a party in the party's answer objects to an order for the sale of real property by an executor, administrator, or guardian, and on hearing it appears to the court that either the complaint or the objection is unreasonable, it may award costs to the party prevailing on that issue.