2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2109: FIDUCIARIES
2109.25 [Effective Until1/13/2012] Fiduciary in military service - removal and reinstatement.

Whenever it appears to the satisfaction of the probate court that a fiduciary is unable to perform his duties because he is engaged or is about to engage in military service as defined by this section, the court may remove such fiduciary and appoint a substitute or authorize the remaining fiduciaries to execute the trust. Such 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 such persons and in such manner as the court shall direct.

If any of the duties of such office remain unexecuted when a fiduciary who has resigned or been removed on account of his military service ceases to be in such military service, he shall be reappointed as fiduciary upon his application to the court and upon such notice as the court may direct, provided he 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 such person is reappointed, the court shall remove the substitute fiduciary and revoke his letters of appointment, and make such further order or decree as justice requires.

“Military service,” as used in this section, means any service, work, or occupation which in the opinion of the court is directly or indirectly in furtherance of any military effort of the United States. Such definition 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 thereof the fiduciary is unable to return to this state.

Effective Date: 10-01-1953

This section is set out twice. See also § 2109.25, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2109.25 [Effective1/13/2012] Fiduciary in military service – removal and reinstatement

(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.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Effective Date: 10-01-1953

This section is set out twice. See also § 2109.25, effective until 1/13/2012.