reglab/housing_qa huggingface dataset:
Ohio Rev Code § 2106.03 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.03 | Complaint - Construction of Will.

Effective: May 31, 1990|Latest Legislation:  House Bill 346 - 118th General Assembly|Within the times described in division (E) of section 2106.01 of the Revised Code for making an election, the surviving spouse may file a complaint in the probate court, making all persons interested in the will defendants, that requests a construction of the will in favor of the surviving spouse and for the court to render a judgment to that effect.
Ohio Rev Code § 2106.04 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.04 | Failure to Make Election - Presumption.

Effective: May 16, 2002|Latest Legislation:  House Bill 242 - 124th General Assembly|If the surviving spouse dies before probate of the will, or, having survived the probate, thereafter either fails to make the election provided by section 2106.01 of the Revised Code or dies without having made an election within the times described in division (E) of that section, the surviving spouse shall be conclusively presumed to have elected to take under the will, and the surviving spouse and the heirs, devisees, and legatees of the surviving spouse, and those claiming through or under them, shall be bound by the conclusive presumption, and persons may deal with the property of the decedent accordingly; provided that, if applicable, the provisions of sections 2105.31 to 2105.39 of the Revised Code shall prevail over the provisions relating to the right of election of a surviving spouse.
Ohio Rev Code § 2106.05 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.05 | Election to Take Under the Will - Effect.

Effective: May 31, 1990|Latest Legislation:  House Bill 346 - 118th General Assembly|If a surviving spouse elects to take under the will, the surviving spouse shall be barred of all right to an intestate share of the property passing under the will and shall take under the will alone, unless it plainly appears from the will that the provision for the surviving spouse was intended to be in addition to an intestate share. An election to take under the will does not bar the right of the surviving spouse to an intestate share of that portion of the estate as to which the decedent dies intestate. Unless the will expressly otherwise directs, an election to take under the will does not bar the right of the surviving spouse to remain in the mansion house, and does not bar the right of the surviving spouse to receive the allowance for the support provided by section 2106.13 of the Revised Code.
Ohio Rev Code § 2106.06 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.06 | Election Made in Person.

Effective: May 31, 1990|Latest Legislation:  House Bill 346 - 118th General Assembly|The election of a surviving spouse to take under section 2105.06 of the Revised Code and thereby refusing to take under the will shall be made in person before the probate judge, or a deputy clerk who has been appointed to act as a referee, except as provided in sections 2106.07 and 2106.08 of the Revised Code.When the election is made in person before the judge or referee, the judge or referee shall explain the will, the rights under the will, and the rights, by law, in the event of a refusal to take under the will.
Ohio Rev Code § 2106.07 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.07 | Commission Issued to Take Election of Spouse.

Effective: May 31, 1990|Latest Legislation:  House Bill 346 - 118th General Assembly|Upon the filing of an application on behalf of a surviving spouse, the probate court may issue a commission, with a copy of the will annexed, directed to any suitable person, to take the election of the surviving spouse as described in section 2106.01 of the Revised Code. In the commission, the court shall direct the suitable person to explain the rights of the surviving spouse under the will and under Chapter 2105. of the Revised Code.
Ohio Rev Code § 2106.08 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.08 | Election Made by One Under Legal Disability.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|If, because of a legal disability, a surviving spouse is unable to make an election as provided by section 2106.01 of the Revised Code, as soon as the facts come to the knowledge of the probate court, the probate court shall appoint some suitable person to ascertain the value of the provision made for the surviving spouse by the testator, the value of the rights of the surviving spouse in the estate of the testator under Chapter 2105. of the Revised Code, and the adequate support needs of the surviving spouse after taking into consideration the other available resources and the age, probable life expectancy, physical and mental condition, and present and reasonably anticipated future needs of the surviving spouse. The appointment by the court shall be made at any time within the times described in division (E) of section 2106.01 of the Revised Code for making an election under that section. When the person so appointed returns the report of the person's investigation, the court may elect for the surviving spouse to take under section 2105.06 of the Revised Code only if it finds, after taking into consideration the other available resources and the age, probable life expectancy, physical and mental condition, and present and reasonably anticipated future needs of the surviving spouse, that the election to take under section 2105.06 of the Revised Code is necessary to provide adequate support for the surviving spouse during the surviving spouse's life expectancy.After making its determination under this section, the court shall record upon its journal the election made for the surviving spouse. The election, when so entered, shall have the same effect as an election made by one not under legal disability.
Ohio Rev Code § 2106.10 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.10 | Election to Receive Mansion House.

Effective: August 29, 2000|Latest Legislation:  House Bill 313 - 123rd General Assembly|(A) A surviving spouse may elect to receive, as part of the surviving spouse's share of an intestate estate under section 2105.06 of the Revised Code and the allowance for support under section 2106.13 of the Revised Code, the entire interest of the decedent spouse in the mansion house. The interest of the decedent spouse in the mansion house shall be valued at the appraised value with the deduction of that portion of all liens on the mansion house existing at the time of death and attributable to the decedent's interest in the mansion house.(B) The election pursuant to division (A) of this section shall be made at or before the time a final account is rendered.(C) If the spouse makes an election pursuant to division (A) of this section, the administrator or executor shall file, unless the election is one made under division (D) of this section, an application for a certificate of transfer as provided for in section 2113.61 of the Revised Code. The application also shall contain an inventory of the property and the allowance for support that the spouse is entitled to receive under sections 2105.06 and 2106.13 of the Revised Code. If the value of the property and the allowance for support that the spouse is entitled to receive is equal to or greater than the value of the decedent's interest in the mansion house, the court shall issue the certificate of transfer.(D) The surviving spouse may make an election pursuant to division (A) of this section in an estate relieved from administration under section 2113.03 of the Revised Code or in an estate that is subject to an order granting a summary release from administration under section 2113.031 of the Revised Code. The election shall be made at the time of or prior to the entry of the order relieving the estate from administration or the order granting a summary release from administration. Either the surviving spouse or the applicant for the order shall file the application for the certificate of transfer under division (C) of this section.(E) If the surviving spouse dies prior to making an election pursuant to division (A) of this section, the surviving spouse shall be conclusively presumed not to have made an election pursuant to that division. After the surviving spouse's death, no other person is authorized to make an election pursuant to that division on behalf of the estate of the surviving spouse.(F) As used in this section, the mansion house includes the decedent's title in the parcel of land on which the house is situated and, at the option of the surviving spouse, the decedent's title in the household goods contained within the house and the lots or farmland adjacent to the house and used in conjunction with it as the home of the decedent.
Ohio Rev Code § 2106.11 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.11 | Specific Monetary Share Payable to a Surviving Spouse.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Subject to the right of the surviving spouse to elect to receive the decedent's interest in the mansion house pursuant to section 2106.10 of the Revised Code, the specific monetary share payable to a surviving spouse under division (B), (C), or (D) of section 2105.06 of the Revised Code shall be paid out of the tangible and intangible personal property in the intestate estate to the extent that the personal property is available for distribution. The personal property distributed to the surviving spouse, other than cash, shall be valued at the appraised value. Before tangible and intangible personal property is transferred to the surviving spouse in payment or part payment of the specific monetary share, the administrator or executor shall file an application that includes an inventory of the personal property intended to be distributed in kind to the surviving spouse, together with a statement of the appraised value of each item of personal property included. The court shall examine the application and make a finding of the amount of personal property to be distributed to the surviving spouse, and shall order that the personal property be distributed to the surviving spouse. The court concurrently shall make a finding of the amount of money that remains due and payable to the surviving spouse in satisfaction of the specific monetary share to which the surviving spouse is entitled under division (B), (C), or (D) of section 2105.06 of the Revised Code. Any amount that remains due and payable shall be a charge on the title to any real property in the estate but the charge does not bear interest. This charge may be conveyed or released in the same manner as any other interest in real property and may be enforced by foreclosure or any other appropriate remedy.
Ohio Rev Code § 2106.15 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.15 | Mansion House.

Effective: May 31, 1990|Latest Legislation:  House Bill 346 - 118th General Assembly|A surviving spouse may remain in the mansion house free of charge for one year, except that such real property may be sold within that time for the payment of debts of the decedent. If the real property is so sold, the surviving spouse shall be compensated from the estate to the extent of the fair rental value for the unexpired term, such compensation to have the same priority in payment of debts of estates as the allowance for support made to the surviving spouse, minor children, or surviving spouse and minor children of the decedent under section 2106.13 of the Revised Code.
Ohio Rev Code § 2106.18 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.18 | Transfer of Automobile Titles.

Effective: April 6, 2017|Latest Legislation:  House Bill 432 - 131st General Assembly|(A) Upon the death of a married resident who owned at least one automobile at the time of death, the interest of the deceased spouse in one or more automobiles that are not transferred to the surviving spouse due to joint ownership with right of survivorship established under section 2131.12 of the Revised Code, that are not transferred to a transfer-on-death beneficiary or beneficiaries designated under section 2131.13 of the Revised Code, and that are not otherwise specifically disposed of by testamentary disposition may be selected by the surviving spouse. This interest shall immediately pass to the surviving spouse upon transfer of the title or titles in accordance with section 4505.10 of the Revised Code. The sum total of the values of the automobiles selected by a surviving spouse under this division, as specified in the affidavit that the surviving spouse executes pursuant to division (B) of section 4505.10 of the Revised Code, shall not exceed sixty-five thousand dollars. Each automobile that passes to a surviving spouse under this division shall not be considered an estate asset and shall not be included in the estate inventory.(B) The executor or administrator, with the approval of the probate court, may transfer title to an automobile owned by the decedent to any of the following:(1) The surviving spouse, when the automobile is purchased by the surviving spouse pursuant to section 2106.16 of the Revised Code;(2) A distributee;(3) A purchaser.(C) The executor or administrator may transfer title to an automobile owned by the decedent without the approval of the probate court to any of the following:(1) A legatee entitled to the automobile under the terms of the will;(2) A distributee if the distribution of the automobile is made without court order pursuant to section 2113.55 of the Revised Code;(3) A purchaser if the sale of the automobile is made pursuant to section 2113.39 of the Revised Code.(D) As used in division (A) of this section, "automobile" includes a motorcycle and includes a truck if the truck was used as a method of conveyance by the deceased spouse or the deceased spouse's family when the deceased spouse was alive.
Ohio Rev Code § 2106.19 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.19 | Transfer of Title to Watercraft or Outboard Motor.

Effective: September 29, 2015|Latest Legislation:  House Bill 64 - 131st General Assembly|(A) Upon the death of a married resident who owned at least one watercraft, one watercraft trailer, one outboard motor, or one of each at the time of death, the interest of the deceased spouse in one watercraft, one watercraft trailer, one outboard motor, or one of each that is not otherwise specifically disposed of by testamentary disposition and that is selected by the surviving spouse immediately shall pass to the surviving spouse upon receipt by the clerk of the court of common pleas, or in the case of an untitled but registered watercraft trailer, upon receipt by the bureau of motor vehicles, of both of the following:(1) The title executed by the surviving spouse, if titled;(2) An affidavit sworn by the surviving spouse stating the date of the decedent's death, a description of the watercraft, watercraft trailer, or outboard motor, the approximate value, and that the watercraft, watercraft trailer, or outboard motor is not disposed of by testamentary disposition.The watercraft, watercraft trailer, or outboard motor shall not be considered an estate asset and shall not be included and stated in the estate inventory.Transfer of a decedent's interest under this division does not affect the existence of any lien against a watercraft, watercraft trailer, or outboard motor so transferred.(B) Except for a watercraft, watercraft trailer, or outboard motor transferred as provided in division (A) of this section, the executor or administrator may transfer title to a watercraft, watercraft trailer, or outboard motor in the manner provided for transfer of an automobile under divisions (B) and (C) of section 2106.18 of the Revised Code.(C) A watercraft trailer under this section only refers to one trailer used to transport the watercraft transferred under this section.
Ohio Rev Code § 2106.20 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.20 | Reimbursement for Funeral Expenses.

Effective: October 12, 2006|Latest Legislation:  House Bill 426 - 126th General Assembly|A surviving spouse or a person with the right of disposition under section 2108.70 or 2108.81 of the Revised Code is entitled to a reimbursement from the estate of the decedent for funeral and burial expenses, if paid by the surviving spouse or person with the right of disposition, to the extent that the rights of other creditors of the estate will not be prejudiced by the reimbursement.
Ohio Rev Code § 2106.22 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.22 | Action to Set Aside Antenuptial or Separation Agreement.

Effective: May 31, 1990|Latest Legislation:  House Bill 346 - 118th General Assembly|Any antenuptial or separation agreement to which a decedent was a party is valid unless an action to set it aside is commenced within four months after the appointment of the executor or administrator of the estate of the decedent, or unless, within the four-month period, the validity of the agreement otherwise is attacked.
Ohio Rev Code § 2106.24 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.24 | Additional Rights of Surviving Spouse.

Effective: May 31, 1990|Latest Legislation:  House Bill 346 - 118th General Assembly|In addition to the rights provided in this chapter, a surviving spouse of a decedent who died testate or intestate is entitled to any other rights prescribed in other chapters of the Revised Code, including, but not limited to, any dower rights under Chapters 2103. and 5305. of the Revised Code.
Ohio Rev Code § 2106.25 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2106 | Rights of Surviving Spouses|Section 2106.25 | Time Limit for Exercising Rights - Motion for Extension.

Effective: October 31, 2001|Latest Legislation:  House Bill 85 - 124th General Assembly|Unless otherwise specified by a provision of the Revised Code or this section, a surviving spouse shall exercise all rights under Chapter 2106. of the Revised Code within five months of the initial appointment of an executor or administrator of the estate. It is conclusively presumed that a surviving spouse has waived any right not exercised within that five-month period or within any longer period of time allowed by the court pursuant to this section. Upon the filing of a motion to extend the time for exercising a right under Chapter 2106. of the Revised Code and for good cause shown, the court may allow further time for exercising the right that is the subject of the motion.
Ohio Rev Code § 2107.01 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.01 | Will Construed.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|As used in Chapters 2101. to 2131. of the Revised Code:(A) "Will" includes codicils to wills admitted to probate, lost, spoliated, or destroyed wills, and instruments declared valid under division (A)(1) of section 5817.10 of the Revised Code, but "will" does not include inter vivos trusts or other instruments that have not been admitted to probate.(B) "Testator" means any person who makes a will.
Ohio Rev Code § 2107.011 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.011 | Inheritance and Bequest Defined.

Effective: June 23, 1994|Latest Legislation:  House Bill 208 - 120th General Assembly|Except when the intent of the testator clearly is to the contrary, the following rules of construction shall apply in interpreting the terms "inheritance" and "bequest":(A) The term "inheritance," in addition to its meaning at common law or under any other section or sections of the Revised Code, includes any change of title to real property by reason of the death of the owner of that real property, regardless of whether the owner died testate or intestate.(B) The term "bequest," in addition to its meaning at common law or under any other section or sections of the Revised Code, includes any testamentary disposition of real property and any testamentary disposition of a vendor's interest in a land installment contract.(C) The terms "inheritance" and "bequest," as defined in the rules of construction set forth in divisions (A) and (B) of this section, apply to the interest in, the title to, or both the interest in and the title to, any real property to which a fiduciary succeeds by reason of the death of the prior holder of that interest, title, or interest and title, regardless of whether the prior holder died testate or intestate.
Ohio Rev Code § 2107.02 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.02 | Who May Make Will.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|A person who is eighteen years of age or older, of sound mind and memory, and not under restraint may make a will.
Ohio Rev Code § 2107.03 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.03 | Method of Making Will.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction. The will shall be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator's signature. For purposes of this section, "conscious presence" means within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.
Ohio Rev Code § 2107.04 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.04 | Agreement to Make a Will.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|No agreement to make a will or to make a devise or bequest by will shall be enforceable unless it is in writing. The agreement shall be signed by the maker or by some other person at the maker's express direction. If signed by a person other than the maker, the instrument shall be subscribed by two or more competent witnesses who heard the maker acknowledge that it was signed at the maker's direction.