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2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2113: EXECUTORS AND ADMINISTRATORS - APPOINTMENT; POWERS; DUTIES
2113.52 [Effective Until1/13/2012] Devisee takes subject to tax lien - exoneration of mortgage lien.


OH Rev Code § 2113.52 What's This?

(A) A devisee taking real estate under a devise in a will, unless the will otherwise provides, or an heir taking real estate under the statutes of descent and distribution shall take the real estate subject to all taxes, penalties, interest, and assessments which are a lien against that real estate.

(B) If real estate devised in a will is subject to a mortgage lien that exists on the date of the testator’s death, the person taking the real estate under the devise has no right of exoneration for the mortgage lien, regardless of a general direction in the will to pay the testator’s debts, unless the will specifically provides a right of exoneration that extends to that lien.

Effective Date: 10-14-1983

This section is set out twice. See also § 2113.52, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2113.52 [Effective1/13/2012] Devisee takes subject to tax lien – exoneration of mortgage lien

(A) A devisee taking real property under a devise in a will, unless the will otherwise provides, or an heir taking real property under the statutes of descent and distribution shall take the real property subject to all taxes, penalties, interest, and assessments that are a lien against that real property.

(B) If real property devised in a will is subject to a mortgage lien that exists on the date of the testator’s death, the person taking the real property under the devise has no right of exoneration for the mortgage lien, regardless of a general direction in the will to pay the testator’s debts, unless the will specifically provides a right of exoneration that extends to that lien.

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

Effective Date: 10-14-1983

This section is set out twice. See also § 2113.52, effective until 1/13/2012.

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