(A) No property or right, testate or intestate, shall pass to a beneficiary named in a will who knows of the existence of the will for one year after the death of the testator and has the power to control it and, without reasonable cause, intentionally conceals or withholds it or neglects or refuses within that one year to cause it to be offered for or admitted to probate. The property devised or bequeathed to that beneficiary shall pass as if the beneficiary had predeceased the testator.
(B) No property or right, testate or intestate, passes to a beneficiary named in a will when the will was declared valid by a court pursuant to division (A)(1) of section 5817.10 of the Revised Code, the declaration took place in a county different from the county in which the will of the testator would be probated under section 2107.11 of the Revised Code, and the named beneficiary knew of the declaration and of the death of the testator and did not notify the judge of the court in which the will was declared valid. This division does not preclude a named beneficiary from acquiring property or rights from the estate of the testator for failing to notify a judge of that court if the named beneficiary reasonably believes that the judge has previously been notified of the testator's death.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 2007–2023 · leading case: Pirock v. Crain, 2020 Ohio 869 (Ohio Ct. App. 2020).
Pirock v. Crain, 2020 Ohio 869 (Ohio Ct. App. 2020). “{¶25} In February 2016, the plaintiffs filed a separate action in the probate court seeking a declaration that Frederick and Bryan withheld Ralph’s prior will in violation of R.C. 2107.10(A). McNelis at ¶4 . The matter proceeded to a jury trial.”
Long v. Long, 2007-T-0047 (11-2-2007), 2007 Ohio 5909 (Ohio Ct. App. 2007). · cites it 2ד41, representing the one-fourth interest in the property; that judgment be entered for damages against Edward, Ronald, and Richard Long "for commission of waste," and that such judgment "be paid out of their share of the estate * * *"; that Edward, Ronald, and Richard be "denied…”
Pirock v. Crain, 2022 Ohio 3612 (Ohio Ct. App. 2022). “{¶21} The plaintiffs filed a separate action seeking a declaration that Frederick and Bryan withheld Ralph’s prior will in violation of R.C. 2107.10(A), which would require Frederick’s and Bryan’s disinheritance.”
McNelis v. Crain, 2016 Ohio 8523 (Ohio Ct. App. 2016). · cites it 2ד{¶4} On February 1, 2016, appellants filed the underlying action seeking a declaration that appellees withheld the prior will in violation of R.C. 2107.10(A), which provides: {¶5} No property or right, testate or intestate, shall pass to a beneficiary named in a will who knows…”
In re Est. of Luoma, 2013 Ohio 148 (Ohio Ct. App. 2013). · cites it 8ד] The Probate Court erred by interpreting R.C. 2107.10(A) to require that a beneficiary’s withholding or neglect or concealment or refusal to cause it (the will) to be offered for probate must be intentional and without reasonable cause, for the purpose of delaying its…”
Est. of Todd v. Flahive, 2021 Ohio 4419 (Ohio Ct. App. 2021). · cites it 2ד{¶2} Appellee Flahive filed a cross appeal of the trial court’s decision to deny his motion to dismiss Charles Todd’s applications to probate a will pursuant to R.C. 2107.10. STATEMENT OF FACTS AND THE CASE {¶3} Vernon Todd passed away on February 14, 2017.”
In re Est. of Crain, 2023 Ohio 571 (Ohio Ct. App. 2023). “{¶14} In February 2016, the plaintiffs filed an action in the probate court seeking a declaration that Frederick and Bryan withheld Ralph’s prior will in violation of R.C. 2107.10(A) (case no. 2016 CVA 0002).”
— Ohio Rev. Code § 2107.10(A) — 5 cases
Pirock v. Crain, 2020 Ohio 869 (Ohio Ct. App. 2020). “{¶25} In February 2016, the plaintiffs filed a separate action in the probate court seeking a declaration that Frederick and Bryan withheld Ralph’s prior will in violation of R.C. 2107.10(A). McNelis at ¶4 . The matter proceeded to a jury trial.”
Pirock v. Crain, 2022 Ohio 3612 (Ohio Ct. App. 2022). “{¶21} The plaintiffs filed a separate action seeking a declaration that Frederick and Bryan withheld Ralph’s prior will in violation of R.C. 2107.10(A), which would require Frederick’s and Bryan’s disinheritance.”
McNelis v. Crain, 2016 Ohio 8523 (Ohio Ct. App. 2016). “{¶4} On February 1, 2016, appellants filed the underlying action seeking a declaration that appellees withheld the prior will in violation of R.C. 2107.10(A), which provides: {¶5} No property or right, testate or intestate, shall pass to a beneficiary named in a will who knows…”
In re Est. of Luoma, 2013 Ohio 148 (Ohio Ct. App. 2013). “] The Probate Court erred by interpreting R.C. 2107.10(A) to require that a beneficiary’s withholding or neglect or concealment or refusal to cause it (the will) to be offered for probate must be intentional and without reasonable cause, for the purpose of delaying its…”
In re Est. of Crain, 2023 Ohio 571 (Ohio Ct. App. 2023). “{¶14} In February 2016, the plaintiffs filed an action in the probate court seeking a declaration that Frederick and Bryan withheld Ralph’s prior will in violation of R.C. 2107.10(A) (case no. 2016 CVA 0002).”
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