reglab/housing_qa huggingface dataset:
Ohio Rev Code § 2109.18 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.18 | Release of a Fiduciary's Sureties.

Effective: October 31, 2001|Latest Legislation:  House Bill 85 - 124th General Assembly|A surety of a fiduciary or the executor or administrator of a surety may make application at any time to the probate court to be released from the bond of such fiduciary. Such surety shall file a written request therefor with the probate judge of such court and give at least five days' notice in writing to such fiduciary. If, upon the hearing, the court is of the opinion that there is good reason therefor, it shall release such surety. The death of a surety shall always be good cause.A fiduciary may make application at any time to the court for the release of the fiduciary's sureties. Such fiduciary shall file a written request therefor with the judge of such court and give at least five days' notice in writing to such sureties. If, upon the hearing, the court is of the opinion that there is good reason to release such sureties, it shall order the fiduciary to file an account, as provided by section 2109.301, 2109.302, or 2109.303 of the Revised Code, and such sureties shall be released after the fiduciary files a new bond which is approved by the court.If such fiduciary fails to give new bond as directed, the fiduciary shall be removed and the fiduciary's letters of appointment superseded. Such original sureties shall not be released until the fiduciary gives a bond, but shall be liable for such fiduciary's acts only from the time of executing the original bond to the filing and approval by the court of the new bond.The costs of such proceeding shall be paid by the surety applying to be released, unless it appears to the court that the fiduciary is insolvent, incompetent, or is wasting the assets of the estate.
Ohio Rev Code § 2109.19 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.19 | Bond of Indemnity to Surety.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|If a fiduciary wastes or unfaithfully administers an estate, on the application of a surety on the fiduciary's bond the probate court granting letters of appointment to the fiduciary may order the fiduciary to render an account and to execute to the surety a bond of indemnity with sureties approved by the court. Upon neglect or refusal to execute the bond within the time ordered, the court may remove the fiduciary, revoke the fiduciary's letters of appointment, and appoint another fiduciary in the fiduciary's place.
Ohio Rev Code § 2109.20 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.20 | Guardian May Give Real Property Mortgage to Secure Bond.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Instead of the sureties required on a guardian's bond by section 2109.04 of the Revised Code, a guardian of the person and estate or of the estate only of any ward may execute to the ward a mortgage upon unencumbered real property. The guardian first shall furnish to the probate court a title guarantee or a mortgagee's title insurance policy for the benefit of the guardianship, with respect to the real property, and it shall be shown to the court's satisfaction that, exclusive of improvements on the real property, the real property is of a value sufficient to secure the bond. The mortgage shall be recorded in the county in which the property is situated and filed with the court.
Ohio Rev Code § 2109.22 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.22 | Marriage No Disqualification for Fiduciary.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|The marriage of any person does not disqualify the person from acting as fiduciary, whether the marriage occurs before or after the person's appointment and qualification, and all of the person's acts in that capacity shall have the same validity as though the person were unmarried.
Ohio Rev Code § 2109.24 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.24 | Resignation or Removal of Fiduciary.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|The probate court at any time may accept the resignation of any fiduciary upon the fiduciary's proper accounting, if the fiduciary was appointed by, is under the control of, or is accountable to the court. The fiduciary may resign by filing a written statement with the court after giving at least fifteen days notice to the persons known to be interested in the estate. Upon notice or a motion of the fiduciary to resign, the court may set the matter for a hearing and may notify all interested persons. No fiduciary shall resign without an order of the court. If a fiduciary fails to make and file an inventory as required by sections 2109.58, 2111.14, and 2115.02 of the Revised Code or to render a just and true account of the fiduciary's administration at the times required by section 2109.301, 2109.302, or 2109.303 of the Revised Code, and if the failure continues for thirty days after the fiduciary has been notified by the court of the expiration of the relevant time, the fiduciary may be removed by the court and shall receive no allowance for the fiduciary's services unless the court enters upon its journal its findings that the delay was necessary and reasonable.The court may remove any fiduciary, after giving the fiduciary not less than ten days' notice, for habitual drunkenness, neglect of duty, incompetency, or fraudulent conduct, because the interest of the property, testamentary trust, or estate that the fiduciary is responsible for administering demands it, or for any other cause authorized by law.The court may remove a testamentary trustee upon the written application of more than one-half of the persons having an interest in the estate controlled by the testamentary trustee, but the testamentary trustee is not to be considered as a person having an interest in the estate under the proceedings; except that no testamentary trustee appointed under a will shall be removed upon the written application unless for a good cause.Upon the resignation or removal of the fiduciary, the court shall revoke all letters of authority for the fiduciary.
Ohio Rev Code § 2109.25 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.25 | Fiduciary in Military Service - Removal and Reinstatement.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|(A) Whenever it appears to the satisfaction of the probate court that a fiduciary is unable to perform the fiduciary's duties because the fiduciary is engaged or is about to engage in military service as defined by this section, the court may remove the fiduciary and appoint a substitute or authorize the remaining fiduciaries to execute the trust. That action may be taken on the court's own motion or on the application of any party in interest, including the fiduciary or cofiduciary, either without notice or upon notice to those persons and in the manner that the court shall direct. If any of the duties of that office remain unexecuted when a fiduciary who has resigned or been removed on account of the fiduciary's military service ceases to be in that military service, the fiduciary shall be reappointed as fiduciary upon the fiduciary's application to the court and upon any notice that the court may direct, provided the fiduciary is at the time a suitable and competent person and has the qualifications as to residence required by section 2109.21 of the Revised Code. If the person is reappointed, the court shall remove the substitute fiduciary and revoke the substitute fiduciary's letters of appointment and shall make such further order or decree as justice requires.(B) As used in this section, "military service" means any service, work, or occupation that in the opinion of the court is directly or indirectly in furtherance of any military effort of the United States. "Military service" includes internment in an enemy country, residence in any foreign country, or residence in any possession or dependency of the United States, if by reason of the internment or residence the fiduciary is unable to return to this state.
Ohio Rev Code § 2109.26 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.26 | Vacancy Before Termination of the Trust - Accounting - Successor Fiduciary.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|If a sole fiduciary dies, is dissolved, declines to accept, resigns, is removed, or becomes incapacitated prior to the termination of the trust, the probate court shall require a final account of all dealings of the trust to be filed by the fiduciary if a living person and able to act. If the fiduciary is a living person but unable to act, the final account shall be filed by the fiduciary's guardian or, if there is no guardian, by some other suitable person in the fiduciary's behalf, appointed or approved by the court. If the fiduciary is a deceased person, the final account shall be filed by the fiduciary's executor or administrator. If no estate is commenced for a deceased fiduciary, the deceased fiduciary's successor shall file the final account. If the fiduciary is a dissolved corporation, the final account shall be filed by those persons that are charged by law with winding up the affairs of the dissolved corporation. The court shall cause the proceedings to be had as are provided by sections 2109.30 to 2109.36 of the Revised Code. Whenever such a vacancy occurs and that contingency is not otherwise provided for by law or by the instrument creating the trust or whenever the instrument names no fiduciary, the court shall, on its own motion or on the application of any person beneficially interested, issue letters of appointment as fiduciary to a competent person or persons who shall qualify according to law and execute the trust to its proper termination. The vacancy and the appointment of a successor fiduciary shall not affect the liability of the former fiduciary or the former fiduciary's sureties that was previously incurred.
Ohio Rev Code § 2109.27 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.27 | Surviving Fiduciaries.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When two or more fiduciaries have been appointed jointly to execute a trust and one or more of them dies, declines, resigns, or is removed, the title shall pass to the remaining fiduciaries who shall execute the trust, unless the creating instrument expresses a contrary intention or unless the probate court on the application of persons interested in the trust determines otherwise. The remaining fiduciaries shall within ninety days after the death, resignation, or removal of a cofiduciary, file in the court a complete account covering all matters to the time of such death, resignation, or removal.
Ohio Rev Code § 2109.28 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.28 | Merger of Fiduciaries.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|A trust company or state or national bank having trust powers, resulting from merger or consolidation shall, upon filing proof thereof in the probate court, and without a new appointment, succeed to the rights and duties of all predecessor companies, as fiduciary. A purchase of substantially all the assets and assumption of substantially all the liabilities is a merger for the purposes of sections 2109.01 to 2109.58, inclusive, of the Revised Code. In all cases of merger or consolidation the bond given by any predecessor fiduciary shall remain liable for all acts of the successor fiduciary except as to any surety released upon application as provided in section 2109.18 of the Revised Code.
Ohio Rev Code § 2109.29 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.29 | Rights as to Shares in Corporation.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|A corporation need not, unless ordered by a court, take notice of any duty of a fiduciary, or any restriction or limitation of the right, capacity, authority, or interest of such fiduciary, or see to the performance of any duty or requirement imposed upon such fiduciary by Chapters 2101. to 2131., inclusive, of the Revised Code, as to any of such corporation's shares of record in the name of or owned by such fiduciary or in the name of or owned by a decedent, ward, or beneficiary for whom such fiduciary is acting.
Ohio Rev Code § 2109.30 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.30 | Accounts of Fiduciaries.

Effective: October 31, 2001|Latest Legislation:  House Bill 85 - 124th General Assembly|(A) Every executor and administrator shall render an account of the executor's and administrator's administration at the time and in the manner prescribed in section 2109.301 of the Revised Code. Every guardian or conservator shall render an account of the ward's estate at the time and in the manner prescribed in section 2109.302 of the Revised Code. Every testamentary trustee and other fiduciary not subject to sections 2109.301 and 2109.302 of the Revised Code shall render an account of the testamentary trustee's or other fiduciary's administration at the time and in the manner prescribed in section 2109.303 of the Revised Code.(B) An account showing complete administration before distribution of assets shall be designated "final account." An account filed subsequent to the final account and showing distribution of assets shall be designated "account of distribution." An account showing complete administration and distribution of assets shall be designated "final and distributive account."
Ohio Rev Code § 2109.34 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.34 | Representation in Account Proceeding.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|If an interest in an estate or trust is or may be possessed by persons who will compose a certain class upon the happening of any future event, the unborn members of that class shall be considered to be represented in any hearing upon a fiduciary's account required by section 2109.32 of the Revised Code, if any living member of the class is made a party to that proceeding or if a trustee for the proceeding is appointed by the probate court. The unborn members of the class need not be served by publication. An order made in the proceeding shall be binding upon all members of the class, except that the order may be vacated for fraud as provided in section 2109.35 of the Revised Code. If the beneficiaries, both present and future, of a charitable trust are not represented by a trustee or an existing corporation or other organization, they shall be represented in any proceeding under this section by the attorney general if the attorney general is made a party to the proceeding. Any order made in the proceeding shall be binding upon those beneficiaries, except for fraud.
Ohio Rev Code § 2109.36 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.36 | Order of Distribution.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|An application for an order of distribution of the assets of an estate or trust held by a fiduciary may be set for hearing before the probate court at the time that the court shall designate. The fiduciary may serve notice of the hearing upon the application, or cause the notice to be served, upon any person who may be affected by an order disposing of the application; or the court, upon motion of any interested person for good cause shown or at its own instance, may order the notice to be served upon that person. The notice shall set forth the time and place of the hearing and shall be accompanied by a statement of the proposed distribution. At the hearing upon the application the court shall inquire into, consider, and determine all matters relative to the application, and make an order that the court considers proper. If the court makes an order of distribution, the fiduciary shall comply with the order and shall account to the court for the fiduciary's distribution, verified by vouchers or proof. An order of distribution shall have the effect of a judgment. The order may be reviewed upon appeal and may be vacated as provided in section 2109.35 of the Revised Code.
Ohio Rev Code § 2109.38 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.38 | Retaining Unauthorized Investments.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Sections 2109.37, 2109.371, and 2109.372 of the Revised Code do not prohibit a fiduciary from retaining any part of a trust estate as received by the fiduciary even though that part is not of the class or percentage permitted to fiduciaries, or from retaining any investment made by the fiduciary after the investment ceases to be of a class or exceeds the percentage permitted by law, provided the circumstances are not such as to require the fiduciary to dispose of the investment in the performance of the fiduciary's duties.
Ohio Rev Code § 2109.39 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.39 | Receiving Distribution in Kind.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|A fiduciary entitled to a distributive share of the assets of an estate or trust has the same right as other beneficiaries to accept or demand distribution in kind and may retain any security or investment so distributed to the fiduciary as though it were a part of the original estate received by the fiduciary.
Ohio Rev Code § 2109.40 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.40 | Participation in Corporate Reorganization.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Unless the instrument creating a trust forbids, a fiduciary may do all of the things that an individual holder might do with respect to securities held by the fiduciary, including the exercise or sale of subscription rights, the acceptance of new stock in the same corporation in place of the stock held, or in the event of reorganization, sale, or merger in a different corporation, and with the approval of the probate court, the investment of additional funds if required of all shareholders participating in a reorganization.
Ohio Rev Code § 2109.41 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.41 | Deposit of Funds.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|(A) Immediately after appointment and throughout the term of the appointment, but subject to section 2109.372 of the Revised Code and except as provided in division (C) of this section, every fiduciary, pending payment of current obligations of the fiduciary's trust or estate, distribution, or investment pursuant to law, shall deposit all funds received by the fiduciary in the fiduciary's name as such fiduciary in one or more depositaries. Each depositary shall be a bank, savings bank, savings and loan association, or credit union located in this state. A corporate fiduciary, authorized to receive deposits of fiduciaries, may be the depositary of funds held by it as fiduciary. All deposits made pursuant to division (A) of this section shall be in such class of account as will be most advantageous to the trust or estate, and each depositary shall pay interest at the highest rate customarily paid to its patrons on deposits in accounts of the same class.(B) The placing of funds in such depositaries under the joint control of the fiduciary and a surety on the bond of the fiduciary shall not increase the liability of the fiduciary.(C) A fiduciary of a trust or estate may transfer funds received by the fiduciary in the fiduciary's name as such fiduciary to the fiduciary's attorney for deposit in an interest on lawyer's trust account established under division (A)(1)(b) of section 4705.09 of the Revised Code that is maintained by the attorney if the attorney, in consultation with the fiduciary, has determined that the funds are nominal in amount or will be held in the interest on lawyer's trust account for a short period of time.(D) Notwithstanding any contrary provision in this chapter, a probate court examining a trust or estate may only access the account information of an interest on lawyer's trust account created under this section for purposes of obtaining information related to that particular trust or estate and shall not access records of the interest on lawyer's trust account that pertain to assets of any other estate or trust held in the interest on lawyer's trust account.
Ohio Rev Code § 2109.42 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.42 | Liability for Failure to Invest.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|Subject to section 2109.372 of the Revised Code, a fiduciary who has funds belonging to a trust that are not required for payment of current obligations of the fiduciary's trust or distribution shall, unless otherwise ordered by the probate court, invest those funds within a reasonable time according to section 2109.37 or 2109.371 of the Revised Code. On failure to do so, the fiduciary shall account to the trust for any loss of interest that is found by the court to be due to the fiduciary's negligence.
Ohio Rev Code § 2109.43 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2109 | Fiduciaries|Section 2109.43 | Personal Use of Trust Property Prohibited.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|No fiduciary shall make any personal use of the funds or property belonging to a trust. For a violation of this section, the fiduciary and the fiduciary's bond shall be liable in an action for any loss occasioned by that use and for any additional amount by way of forfeiture, not exceeding the amount of the loss occasioned by the use, that may be fixed by the probate court hearing the case. Those amounts shall be payable for the benefit of the beneficiary, if living, and to the beneficiary's estate if the beneficiary is deceased. In addition to the penalties under this section, the court may remove the fiduciary pursuant to section 2109.24 of the Revised Code for fraudulent conduct or dereliction of duty related to the fiduciary's personal use or misuse of funds or property belonging to a trust. However, if all interested persons consent to the fiduciary's use of the property in a signed writing filed with the probate court, the fiduciary may make personal use of property belonging to the trust. An action under this section shall be brought not later than one year after the termination of the trust or the discovery of that loss.It is within the court's discretion, upon application, notice to interested persons, and a hearing, to allow the personal use of trust property by the fiduciary.