At the time of the appointment of a fiduciary, the fiduciary shall file in the probate court the name of the attorney, if any, who will represent the fiduciary in matters relating to the trust. After the name of an attorney has been filed, notices sent to that fiduciary in the fiduciary's official capacity shall also be sent by the court to that attorney who may sign waiver of service of any or all of the notices upon the attorney. If the fiduciary is absent from the state, the attorney shall be the agent of the fiduciary upon whom summonses, citations, and notices may be served. Any summons, citation, or notice may be served upon the fiduciary by delivering duplicate copies of the summons, citation, or notice to the attorney designated by the fiduciary. No probate judge shall permit any person to practice law in the probate court for compensation, unless the person has been admitted to the practice of law within the state. This section does not prevent any person from representing the person's own interest in any estate, matter, action, or proceeding.
Notes of Decisions
Cited in 8
cases, 1954–2013 · leading case: In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 2007).
In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 2007). · cites it 8דstated that R.C. 2109.03 permitted, but did not require, the fiduciary of the estate to hire an attorney, since it stated that the fiduciary shall file “the name of the attorney, if any.”
Cottrell v. Cottrell, 2013 Ohio 2397 (Ohio Ct. App. 2013). · cites it 2ד04(F)(1)(f); R.C. 2109.03(F)(2)(a). {¶ 40} Evidence was also presented that Alan is resentful towards his father due to several arguments and incidents that have undermined Alan's relationship with Father.”
Peoples Nat'l Bank v. Treon, 476 N.E.2d 372 (Ohio Ct. App. 1984). · cites it 2דTreon named attorney Robert Fite to represent her in the administration of the estate, and she filed the name of her attorney in the probate court as specifically required by R.C. 2109.03. On January 20,1982, or within three months of the appointment of the executrix, Mr.”
Beacon Mut. Indem. Co. v. Stalder, 120 N.E.2d 743 (Ohio Ct. App. 1954). · cites it 2ד(Nothing contained in this opinion is to be construed as in any way interpreting the provision in Section 10506-3, General Code [now Section 2109.03, Revised Code], which reads: “In the event that the fiduciary is absent from the state,” the attorney for the administrator “shall…”
In re Est. of Deardoff, 461 N.E.2d 1292 (Ohio 1984). “*109 R.C. 2109.03 provides that upon court appointment, the fiduciary has discretion to select counsel who will represent him during the administration of the estate.”
Kaczenski v. Kaczenski, 169 N.E.2d 36 (Ohio Ct. App. 1959). · cites it 4דThe plaintiff had filed a claim against the estate, and the same had been rejected, and thereupon, in due season, he filed a petition in the Common Pleas Court for a recovery of his claim, making use of §2109.03 R. C. In the caption of his petition plaintiff gave the address of…”
MacKey v. Elliott, 166 N.E.2d 402 (Ohio Ct. App. 1958). · cites it 6דThe service was sought to be made pursuant to the provisions of Section 2109.03, Revised Code. Although the caption of the case recites the residence of the defendant in Boulder, Colorado, there is no finding that the defendant was absent *402 from the state or that the…”
Meisner v. Flemion, 164 N.E.2d 183 (Ohio Ct. App. 1958). · cites it 4דComing now to plaintiff’s third assignment of error, plaintiff states: “That the court erred in sustaining a motion to quash the service of alias summons on defendant-appellee, which service was in compliance with Section 2109.03 of the Revised Code of Ohio and was made by…”
Ohio Rev. Code § 2109.03(F)(2)(a): 1 case
Cottrell v. Cottrell, 2013 Ohio 2397 (Ohio Ct. App. 2013). “04(F)(1)(f); R.C. 2109.03(F)(2)(a). {¶ 40} Evidence was also presented that Alan is resentful towards his father due to several arguments and incidents that have undermined Alan's relationship with Father.”
Ohio Rev. Code § 2109.03(F)(2)(d): 1 case
Cottrell v. Cottrell, 2013 Ohio 2397 (Ohio Ct. App. 2013). “04(F)(1)(f); R.C. 2109.03(F)(2)(a). {¶ 40} Evidence was also presented that Alan is resentful towards his father due to several arguments and incidents that have undermined Alan's relationship with Father.”
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