"Fiduciary," as used in Chapters 2101. to 2131. of the Revised Code, means any person, other than an assignee or trustee for an insolvent debtor or a guardian under sections 5905.01 to 5905.19 of the Revised Code, appointed by and accountable to the probate court and acting in a fiduciary capacity for any person, or charged with duties in relation to any property, interest, trust, or estate for the benefit of another; and includes an agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code, appointed by and accountable to the probate court as guardian or trustee with respect to persons with developmental disabilities.
Notes of Decisions
Cited in 20
cases (7 in the last 5 years), 1955–2025 · leading case: Meek v. Geneva, 2017-Ohio-7975, 98 N.E.3d 907.
Meek v. Geneva, 2017-Ohio-7975, 98 N.E.3d 907. · cites it 2דUnder R.C. 2109.01, an executor of an estate is a “fiduciary.”
Whitaker v. Est. of Whitaker, 663 N.E.2d 681 (Ohio Ct. App. 4th Dist. 1995). “Under R.C. 2109.01, appellant, as executor of Patricia J.”
In re Est. of Faldon, 2016-Ohio-7337. “Fiduciary Duties {¶ 26} An executor of an estate is a “fiduciary” as defined under R.C. 2109.01. “The fiduciary duties of an executor are primarily to collect the estate assets, pay debts, and make distributions.”
Thomas v. Delgado, 2022-Ohio-4235, 201 N.E.3d 1021. “14HA3, 2014-Ohio-5827 , ¶ 40, quoting R.C. 2109.01. {¶68} Because the defendants—namely, Carlos (as guardian) and Paul (as executor)—were in a fiduciary capacity with respect to Adelina’s guardianship and estate, respectively, a presumption arises that they unduly influenced the…”
Knowlton v. Schultz, 902 N.E.2d 548 (Ohio Ct. App. 1st Dist. 2008). “See R.C. 2109.01 and 5812.01(C). 18 . Krischbaum, 58 Ohio St.”
In re Guardianship of Sanders, 693 N.E.2d 1101 (Ohio Ct. App. 2d Dist. 1997). “See R.C. 2109.01. With respect to the removal of a guardian, R.”
Dolin v. Lupo, 2023-Ohio-3074. “R.C. 2109.01; In re The Estate of Thomas E.”
In re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 7th Dist. 2007). “R.C. 2109.01 defines a “fiduciary” as “any person * * * appointed by and accountable to the probate court and acting in a fiduciary capacity for any person, or charged with duties in relation to any property, interest, trust, or estate for the benefit of another.”
W. Sur. Co. v. Dauterman (In Re Dauterman), 156 B.R. 976 (Bankr. N.D. Ohio 1993). “01 as follows: “as any person, other than an assignee or trustee for an insolvent debtor or a guardian under the Veterans’ Guardianship Law, appointed by and accountable to the Probate Division Court of the Common Pleas and acting in a fiduciary capacity for any person, ... or…”
O'Neill v. O'Neill, 865 N.E.2d 917 (Ohio Ct. App. 8th Dist. 2006). “See, also, R.C. 2109.01. “A claim of breach of a fiduciary duty is basically a claim of negligence, albeit *856 involving a higher standard of care.”
Hoppes v. Hoppes, 2014-Ohio-447. “05 JE 19, 2006-Ohio-890, ¶ 13 ; R.C. 2109.01. The removal of a fiduciary pursuant to these statutory provisions is within the sound discretion of the probate court and an appellate court will not reverse that decision absent an abuse of that discretion.”
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