Effective: March 22, 2012
Latest Legislation: Senate Bill 117 - 129th General Assembly
(A) Personal property may be transferred to a trustee as authorized by section 5804.01 of the Revised Code by executing the necessary written instrument that identifies the personal property transferred and identifies the trustee by name followed by the designation "trustee."
(B) The future transfer of personal property to a trustee as a designated beneficiary, including, but not limited to, a transfer on death designation or payable on death designation, participation in a joint ownership arrangement, or any other contractual transfer arrangement, that is made by executing the necessary written instrument identifying the trustee by name followed by the designation "trustee" shall be considered a transfer of the personal property to the trustee serving at the time of the future transfer. A certification of trust under section 5810.13 of the Revised Code may establish the identity of the trustee and any succession of trustees.
(C) A written instrument transferring personal property to a trust or a written instrument providing for the future transfer of personal property to a trust, by identifying the trust without identifying the trustee, shall be considered a transfer of the personal property to the trustee serving at the time of transfer. A certification of trust under section 5810.13 of the Revised Code may establish the identity of the trustee and any succession of trustees.
(D) An instrument of transfer under this section may, but is not required to, contain any additional identifying information, including the trust name, the name of the settlor, the date of trust creation, and the date of applicable trust amendments.
(E) Nothing in this section is intended to affect the operation of section 5301.03 of the Revised Code.
(F) Nothing in this section is intended to affect or be in conflict with division (E) of section 5301.071 of the Revised Code that addresses transfers of real property to or from trusts and trustees.
Structure Ohio Revised Code
Chapter 5810 | Breach of Trust
Section 5810.01 | Breach of Trust Defined - Judicial Remedies.
Section 5810.02 | Liability to Beneficiaries for Breach - Contribution.
Section 5810.03 | Trustee Not Accountable or Liable for Profit or Loss Absent Breach.
Section 5810.04 | Award of Costs, Expenses, and Attorney Fees From Trust.
Section 5810.05 | Limitations Period for Action Against Trustee.
Section 5810.06 | Trustee Reliance on Terms of Trust.
Section 5810.07 | Reasonable Care to Ascertain Material Event.
Section 5810.08 | Enforceability of Exculpatory Trust Term.
Section 5810.09 | Beneficiary or Representative's Consent to Conduct Constituting Breach.
Section 5810.10 | Personal Contract and Tort Liability of Trustee.
Section 5810.11 | Personal Liability of Trustee on Contract as Partner.
Section 5810.12 | Person Assisting or Dealing With Trustee in Good Faith.
Section 5810.13 | Certification of Trust Furnished to Person Not Beneficiary.