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Getting started · 6 min lekti
Accepting the office
A person named as trustee becomes trustee by accepting. R.C. 5807.01 provides that a designated trustee accepts by substantially complying with a method the trust instrument provides or — where the instrument provides none, or the method is not expressly made exclusive — by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance. A designee who does not accept within a reasonable time after knowing of the designation is deemed to have rejected.
Before deciding, a designee may act to preserve the trust property, and inspect it for environmental or other liability, without accepting — if the person sends a rejection to the settlor, or to a qualified beneficiary where the settlor is dead or lacks capacity, within a reasonable time after acting (R.C. 5807.01(C)).
The duties that apply from the first day
R.C. 5808.01 provides that, on accepting, a trustee administers the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the Ohio Trust Code. The duties that follow are the familiar ones in Ohio's words: loyalty (R.C. 5808.02), impartiality among two or more beneficiaries (R.C. 5808.03), prudent administration with reasonable care, skill and caution (R.C. 5808.04), taking control of and protecting the property (R.C. 5808.09), adequate records (R.C. 5808.10), and a review of the assets within a reasonable time after accepting under the Ohio Uniform Prudent Investor Act (R.C. 5809.04).
Two notices, 60 days each
Ohio's trust code provides two notices at the outset, each to the current beneficiaries — the distributees and permissible distributees of trust income or principal on the date of determination (R.C. 5801.01(F)). Within 60 days after accepting a trusteeship, the trustee notifies them of the acceptance and of the trustee's name, address and telephone number (R.C. 5808.13(B)(2)). Within 60 days after the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable — by the settlor's death or otherwise — or of the creation of an irrevocable trust, the trustee notifies them of the trust's existence, the settlor's identity, the right to request a copy of the instrument and the right to a trustee's report (R.C. 5808.13(B)(3)). The second clock counts from the trustee's knowledge, not from the event.
Both apply to acceptances and irrevocability on or after January 1, 2007 (R.C. 5808.13(F)). The settlor may displace either for a current beneficiary only by designating a beneficiary surrogate in the instrument (R.C. 5801.04(C)). Who is a current beneficiary on a particular day is a question of the instrument's words and the family's facts — the kind a licensed Ohio attorney of your choosing answers.
The estate beside the trust
A revocable trust rarely holds everything. Property left outside it passes by will or intestacy through the probate court (R.C. 2101.24, 2105.06), by a recorded transfer on death designation affidavit (R.C. 5302.22), by beneficiary designation (R.C. 5810.14) or by survivorship. Where an estate is opened, the executor or administrator files the inventory within three months of appointment (R.C. 2115.02), and every creditor presents its claim within six months of the death, whether or not an estate is opened (R.C. 2117.06).
The Ohio Trust Code states that a revocable trust's property is subject to the settlor's creditors during the settlor's lifetime (R.C. 5805.06(A)(1)) and has no clause on the trust's liability after the death; whether and how the estate's creditors reach trust property is a question for a licensed Ohio attorney of your choosing. Ohio levies no estate tax on a death on or after January 1, 2013 (R.C. 5731.02).
Lwa yo, mo pou mo
Presentation and allowance of creditor's claims - pending action against decedent
R.C. 2117.06 ↗Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.
Acceptance or rejection of trusteeship
R.C. 5807.01 ↗Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.
Duties of trustee generally
R.C. 5808.01 ↗Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.
Keeping beneficiaries informed - requests - required reports
R.C. 5808.13 ↗Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.
Kesyon moun poze souvan
How does an Ohio successor trustee accept the office?
By substantially complying with the method the trust instrument provides or, where it provides none or the method is not exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance (R.C. 5807.01(A)). A designee who does nothing within a reasonable time after knowing of the designation is deemed to have rejected (R.C. 5807.01(B)).
Is there a notice after an Ohio trustee accepts?
Yes. Within 60 days after accepting, the trustee notifies the current beneficiaries of the acceptance and of the trustee's name, address and telephone number (R.C. 5808.13(B)(2)); a second notice of the trust's existence follows within 60 days after the trustee acquires knowledge that the trust is irrevocable (R.C. 5808.13(B)(3)).
Does an Ohio successor trustee need a court order to act?
Generally no: an inter vivos trust is not subject to continuing judicial supervision unless the court orders it (R.C. 5802.01(B)), and a court is involved only when an interested person invokes it — the probate division has concurrent jurisdiction over any action involving an inter vivos trust (R.C. 5802.03). A certification of trust (R.C. 5810.13) is what a bank or a title company asks for.
Lekti ki gen rapò
Sant Aprantisaj la se enfòmasyon jeneral sou lwa Ohio — se pa konsèy legal, e li pa ranplase konsèy yon avoka Ohio ki gen lisans sou reyalite pa ou. TrusteeClear se yon lojisyèl, pa yon kabinè avoka.