Section 1. That sections 2105.02, 2105.04, 2105.07, 2105.08, | 6 |
2106.04, 2107.34, 2121.02, and 2121.06 be amended, and sections | 7 |
2105.31, 2105.32, 2105.33, 2105.34, 2105.35, 2105.36, 2105.37, | 8 |
2105.38, and 2105.39 of the Revised Code be enacted to read as | 9 |
follows: | 10 |
Sec. 2105.02. When, in
sections 2105.01 to 2105.21, | 11 |
inclusive,Chapter 2105. of the Revised
Code, a person is | 12 |
described as living,
it means that
hethe
person was living at the | 13 |
time
of the death of
the intestate from whom the estate came, and | 14 |
when a person is
described as having died, it means that
hethe | 15 |
person died
before
such intestate. | 16 |
Sec. 2105.07. When, under
sections 2105.01 to 2105.21, | 20 |
inclusive,Chapter 2105. of the
Revised Code, personal property | 21 |
escheats to the
state, the prosecuting
attorney of the county in | 22 |
which letters of
administration are granted upon
such estate shall | 23 |
collect and pay
it over to the county treasurer. Such
estate | 24 |
shall be applied
exclusively to the support of the common schools | 25 |
of
the county in
which collected. | 26 |
Sec. 2105.08. Sections 2105.01 to 2105.21, inclusive, | 27 |
Chapter 2105. of the
Revised Code
applyapplies to any escheating | 28 |
estate of which possession
has not been taken, or
which has not | 29 |
been collected by the proper
officers of the state or those
acting | 30 |
under their authority.
Right or claim of the state thereto is | 31 |
hereby
relinquished to the
person who would have been entitled | 32 |
thereto had such
sections been
in force when the intestate died. | 33 |
(B) "Governing instrument" means a deed, will, trust, | 42 |
insurance or annuity policy, account with a transfer-on-death | 43 |
designation or the abbreviation TOD, account with a | 44 |
payable-on-death designation or the abbreviation POD, pension, | 45 |
profit-sharing, retirement, or similar benefit plan, instrument | 46 |
creating or exercising a power of appointment or a power of | 47 |
attorney, or a dispositive, appointive, or nominative instrument | 48 |
of any similar type. | 49 |
(G) In the absence of evidence disputing the time of death | 134 |
stipulated on a document described in division (B) or (C) of this | 135 |
section, a document described in either of those divisions that | 136 |
stipulates a time of death one hundred twenty hours or more after | 137 |
the time of death of another person, however the time of death of | 138 |
the other person is determined, establishes by clear and | 139 |
convincing evidence that the person survived the other person by | 140 |
one hundred twenty hours. | 141 |
(1) Making a payment, transferring an item of real or | 177 |
personal property, or otherwise transferring any other benefit to | 178 |
a person designated in a governing instrument who, under sections | 179 |
2105.31 to 2105.39 of the Revised Code, is not entitled to the | 180 |
payment or item of property, if the payment or transfer was made | 181 |
before the payor or other third party received written notice of a | 182 |
claimed lack of entitlement pursuant to sections 2105.31 to | 183 |
2105.39 of the Revised Code; | 184 |
(C) Written notice of a claimed lack of entitlement under | 195 |
divisions (A) or (B) of this section must be mailed to the payor's | 196 |
or other third party's main office or home by registered or | 197 |
certified mail, return receipt requested, or served upon the payor | 198 |
or other third party in the same manner as a summons in a civil | 199 |
action. Upon receipt of written notice of a claimed lack of | 200 |
entitlement pursuant to sections 2105.31 to 2105.39 of the Revised | 201 |
Code, a payor or other third party may pay any amount owed or | 202 |
transfer or deposit any item of real or personal property held by | 203 |
it to or with the probate court that has jurisdiction over the | 204 |
decedent's estate. If no probate proceedings have been commenced, | 205 |
upon receipt of written notice of a claimed lack of entitlement | 206 |
pursuant to sections 2105.31 to 2105.39 of the Revised Code, a | 207 |
payor or other third party may pay any amount owed or transfer or | 208 |
deposit any item of real or personal property held by it to or | 209 |
with the probate court located in the county of the decedent's | 210 |
residence. The court shall hold the funds or real or personal | 211 |
property until it is determined pursuant to sections 2105.31 to | 212 |
2105.39 of the Revised Code to whom the funds or real or personal | 213 |
property should be disbursed. The court then shall order | 214 |
disbursement of the funds or real or personal property in | 215 |
accordance with that determination. Payments, transfers, or | 216 |
deposits made to or with the court discharge the payor or other | 217 |
third party from all claims for the value of amounts paid to or | 218 |
items of property transferred to or deposited with the court. | 219 |
Sec. 2105.38. (A) A person who purchases real or personal | 220 |
property that would otherwise be subject to sections 2105.31 to | 221 |
2105.39 of the Revised Code for value and without notice that the | 222 |
person selling or otherwise transferring the real or personal | 223 |
property is not entitled to the real or personal property pursuant | 224 |
to sections 2105.31 to 2105.39 of the Revised Code is neither | 225 |
obligated under sections 2105.31 to 2105.39 of the Revised Code to | 226 |
return the payment, item of property, or benefit nor liable under | 227 |
sections 2105.31 to 2105.39 of the Revised Code for the amount of | 228 |
the payment or the value of the item of property or benefit. | 229 |
A person who receives a payment or other item of real or | 230 |
personal property in partial or full satisfaction of a legally | 231 |
enforceable obligation without notice that the person making the | 232 |
payment or otherwise transferring the real or personal property is | 233 |
not entitled to the real or personal property pursuant to sections | 234 |
2105.31 to 2105.39 of the Revised Code is neither obligated under | 235 |
sections 2105.31 to 2105.39 of the Revised Code to return the | 236 |
payment, item of property, or benefit nor liable under sections | 237 |
2105.31 to 2105.39 of the Revised Code for the amount of the | 238 |
payment or the value of the item of property or benefit. | 239 |
(B) A person who, not for value, receives a payment, item | 240 |
of real or personal property, or any other benefit to which the | 241 |
person is not entitled under sections 2105.31 to 2105.39 of the | 242 |
Revised Code is obligated to return the payment, item of real or | 243 |
personal property, or benefit, and is personally liable for the | 244 |
amount of the payment or the value of the item of property or | 245 |
benefit, to the person who is entitled to it under sections | 246 |
2105.31 to 2105.39 of the Revised Code. | 247 |
(C) If sections 2105.31 to 2105.39 of the Revised Code or | 248 |
any provision of sections 2105.31 to 2105.39 of the Revised Code | 249 |
are preempted by federal law with respect to a payment, an item of | 250 |
real or personal property, or any other benefit covered by | 251 |
sections 2105.31 to 2105.39 of the Revised Code, a person who, not | 252 |
for value, receives the payment, item of property, or any other | 253 |
benefit to which the person is not entitled under sections 2105.31 | 254 |
to 2105.39 of the Revised Code is obligated to return the payment, | 255 |
item of property, or benefit, and is personally liable for the | 256 |
amount of the payment or the value of the item of property or | 257 |
benefit, to the person who would have been entitled to it were | 258 |
sections 2105.31 to 2105.39 of the Revised Code or any provision | 259 |
of sections 2105.31 to 2105.39 of the Revised Code not preempted. | 260 |
Sec. 2105.39. (A) Sections 3105.31 to 3105.39 of the | 261 |
Revised Code do not impair any act done in any proceeding, or any | 262 |
right that accrued, before January 1, 2002. If a right is | 263 |
acquired, extinguished, or barred upon the expiration of a | 264 |
prescribed period of time that has commenced to run prior to | 265 |
January 1, 2002, under any provision of the Revised Code, the | 266 |
provision of the applicable section of the Revised Code applies | 267 |
with respect to that right. | 268 |
Sec. 2106.04. If the surviving spouse dies before probate of | 281 |
the will, or,
having survived the probate, thereafter either fails | 282 |
to make the election
provided by section 2106.01 of the Revised | 283 |
Code or dies without having made an
election within the times | 284 |
described in division (E) of that section, the
surviving spouse | 285 |
shall be conclusively presumed to have elected to take under
the | 286 |
will, and the surviving spouse and the heirs, devisees, and | 287 |
legatees of
the surviving spouse, and those claiming through or | 288 |
under them, shall be bound
by the conclusive presumption, and | 289 |
persons may deal with the property of the
decedent accordingly; | 290 |
provided that, if applicable, the provisions of
section
2105.21 | 291 |
sections 2105.31 to 2105.39 of
the Revised Code shall prevail over | 292 |
the provisions relating to the
right of election of a surviving | 293 |
spouse. | 294 |
Sec. 2107.34. If, after making a last will and testament, a | 295 |
testator has a
child born alive, or adopts a child, or designates | 296 |
an heir in the manner
provided by section 2105.15 of the Revised | 297 |
Code, or if a child or designated
heir who is absent and reported | 298 |
to be dead proves to be alive, and no
provision has been made in | 299 |
such will or by settlement for such pretermitted
child or heir, or | 300 |
for the issue thereof, the will shall not be revoked; but
unless | 301 |
it appears by such will that it was the intention of the testator | 302 |
to
disinherit such pretermitted child or heir, the devises and | 303 |
legacies granted
by such will, except those to a surviving spouse, | 304 |
shall be abated
proportionately, or in such other manner as is | 305 |
necessary to give effect to the
intention of the testator as shown | 306 |
by the will, so that such pretermitted
child or heir will receive | 307 |
a share equal to that which such person would have
been entitled | 308 |
to receive out of the estate if such testator had died intestate | 309 |
with no surviving spouse, owning only that portion of
histhe | 310 |
testator's estate not devised
or bequeathed to or for the use and | 311 |
benefit of a surviving spouse. If such
child or heir dies prior | 312 |
to the death of the testator, the issue of such
deceased child or | 313 |
heir shall receive the share the parent would have received
if | 314 |
living. | 315 |
If such pretermitted child or heir supposed to be dead at the | 316 |
time of
executing the will has lineal descendants, provision for | 317 |
whom is made by the
testator, the other legatees and devisees need | 318 |
not contribute, but such
pretermitted child or heir shall take the | 319 |
provision made for
histhe
pretermitted child's or heir's lineal | 320 |
descendants or such part of it as, in the opinion of the probate | 321 |
judge, may be
equitable. In settling the claim of a pretermitted | 322 |
child or heir, any portion
of the testator's estate received by a | 323 |
party interested, by way of
advancement, is a portion of the | 324 |
estate and shall be charged to the party who
has received it. | 325 |
Though measured by
sections 2105.01 to 2105.21, inclusive, | 326 |
Chapter 2105. of
the Revised
Code, the share taken by a | 327 |
pretermitted child or heir
shall be considered as a
testate | 328 |
succession. This section does
not prejudice the right of any | 329 |
fiduciary
to act under any power
given by the will, nor shall the | 330 |
title of innocent
purchasers for
value of any of the property of | 331 |
the testator's estate be
affected
by any right given by this | 332 |
section to a pretermitted child or
heir. | 333 |
Sec. 2121.02. (A) When such a presumption of death arises | 334 |
under section 2121.01 of the Revised Code with respect to a
person | 335 |
who at the time of disappearance was domiciled in this
state, the | 336 |
attorney general of this state or any person entitled
under the | 337 |
last will of such presumed decedent or under
sections
2105.06 to | 338 |
2105.21Chapter 2105. of the Revised Code to any share in the | 339 |
presumed
decedent's property within this state, or any person or | 340 |
entity
who, under the terms of any contract, beneficiary | 341 |
designation,
trust, or otherwise, may be entitled to any
property, | 342 |
right, or
interest by reason of the death of the
presumed | 343 |
decedent, may file
a complaint setting forth the facts
which raise | 344 |
the presumption of
death in the probate court of the
county of the | 345 |
presumed
decedent's last residence. | 346 |
(B) When a presumption of death arises pursuant to section | 347 |
2121.01 of the Revised Code with respect to a person who at the | 348 |
time of
histhe person's disappearance was domiciled at a place | 349 |
other than
within the state, and the presumed decedent owns real | 350 |
property
within this state, the complaint may be filed in the | 351 |
county where
any part of the real property of the presumed | 352 |
decedent is located
by any of the persons or entities referred to | 353 |
in division (A) of
this section, or by any domiciliary executor or | 354 |
administrator of
the decedent. A foreign fiduciary shall include | 355 |
with the
complaint an exemplified copy of the domiciliary | 356 |
proceedings
pursuant to which the foreign fiduciary was appointed. | 357 |
(F) The complainant shall cause to be advertised once a
week | 387 |
for four consecutive weeks in a newspaper published in the
county, | 388 |
the fact that the complaint has been filed together with
a notice | 389 |
that on a day certain, which shall be at least four
weeks after | 390 |
the last appearance of the advertisement, or after
the final | 391 |
publication where any defendant is being served by
publication, | 392 |
whichever is later, the probate court will hear
evidence relevant | 393 |
to the allegations of the complaint. | 394 |
Sec. 2121.06. Upon the signing of the decree establishing | 398 |
the death of the
presumed decedent, the real estate of the | 399 |
presumed decedent passes and
devloves as in the case of actual | 400 |
death and the persons entitled by will, or
under
sections 2105.01 | 401 |
to 2105.21.Chapter 2105. of the Revised Code, may enter and take | 402 |
possession.
Persons taking the real estate may sell or mortgage it | 403 |
and the
purchaser or mortgagee takes a good title, free and | 404 |
discharged of
any interest
or claim of the presumed decedent. The | 405 |
persons
taking such real estate shall
not sell, convey, or | 406 |
mortgage any
part thereof within the three-year period
specified | 407 |
in section
2121.08 of the Revised Code without first giving bond | 408 |
in
an amount
to be fixed by the probate court and with sureties to | 409 |
be approved
by
the court. In the discretion of the court the bond | 410 |
may be
taken without
sureties. Such bond shall be conditioned to | 411 |
account
for and pay over to the
presumed decedent, in case within | 412 |
the
three-year period after the decree is
entered by the court it | 413 |
is
established that the presumed decedent is still
alive, the | 414 |
value
of the real estate sold or conveyed, or in the case of the | 415 |
making
of a mortgage, to pay the amount of the mortgage and | 416 |
interest
thereon,
or in case of a foreclosure of such mortgage, to | 417 |
account
for and pay over the
value of the real estate mortgaged. | 418 |