"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 (Ohio Ct. App. 2017).
Meek v. Geneva, 2017 Ohio 7975 (Ohio Ct. App. 2017). · 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. 1995). “Under R.C. 2109.01, appellant, as executor of Patricia J.”
In re Est. of Faldon, 2016 Ohio 7337 (Ohio Ct. App. 2016). “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 (Ohio Ct. App. 2022). “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. 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. 1997). “See R.C. 2109.01. With respect to the removal of a guardian, R.”
Dolin v. Lupo, 2023 Ohio 3074 (Ohio Ct. App. 2023). “R.C. 2109.01; In re The Estate of Thomas E.”
Fisher v. Smith & Lehrer Co., L.P.A., 2024 Ohio 1177 (Ohio Ct. App. 2024). “Under Ohio law, a guardian occupies a fiduciary position to his ward.”
In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 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. 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 (Ohio Ct. App. 2014). “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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