As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, an incompetent person, or an insolvent person, may have a declaration of rights or legal relations in respect thereto in any of the following cases:
(A) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(B) To direct the executors, administrators, trustees, or other fiduciaries to do or abstain from doing any particular act in their fiduciary capacity;
(C) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Notes of Decisions
Cited in 38
cases (10 in the last 5 years), 1954–2026 · leading case: Wozniak v. Wozniak, 629 N.E.2d 500 (Ohio Ct. App. 1993).
Wozniak v. Wozniak, 629 N.E.2d 500 (Ohio Ct. App. 1993). · cites it 2ד” Further, R.C. 2721.05 provides that: “Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an…”
Corron v. Corron, 531 N.E.2d 708 (Ohio 1988). · cites it 2ד” R.C. 2721.05 provides for the determination of rights or legal relations as follows: “Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the…”
Arnott v. Arnott, 2010 Ohio 5392 (Ohio Ct. App. 2010). · cites it 3דEssentially, he contends that the trial court’s determination of the option price would not put an “end to the controversy.” Kenneth would still be forced to pursue a secondary action, such as a breach-of-fiduciary-duty claim against James.”
Zahn v. Nelson, 866 N.E.2d 58 (Ohio Ct. App. 2007). · cites it 4ד24(B)(1)(b) grants a probate court concurrent jurisdiction with the general division of the court of common pleas to hear and determine any action involving an inter vivos trust, and because R.C. 2721.05 permits any interested person to seek a declaration of rights or legal…”
Bank One Trust Co. v. Reynolds, 877 N.E.2d 342 (Ohio Ct. App. 2007). · cites it 4דSeparate appeals were taken from the two judgments involving the status of Timothy and Mickey, and those are now before us for review.”
Lah v. Rogers, 125 Ohio App. 3d 164 (Ohio Ct. App. 1998). · cites it 2דThe action was filed pursuant to R.C. 2721.05. 3 The purpose of the litigation was to obtain a declaratory judgment of the trial court with respect to the rights of the beneficiaries and the powers of the trustee under the terms of the trust.”
In Re Est. of Kelsey, 847 N.E.2d 1277 (Ohio Ct. App. 2006). · cites it 2ד50 or an action for declaratory judgment under R.C. 2721.05. It is well settled that the probate court can determine title to personal property on exceptions to an inventory and that it is a matter of discretion whether the exceptor should be ordered to pursue other remedies.”
Carlin v. Mambuca, 645 N.E.2d 737 (Ohio Ct. App. 1994). · cites it 2ד’ “In addition, R.C. 2721.05 provides that: “ ‘Any person interested as or through an executor, administrator, trustee guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a…”
Bobko v. Sagen, 572 N.E.2d 823 (Ohio Ct. App. 1989). “” In addition, R.C. 2721.05 provides that: “Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a…”
Grimes v. Grimes, 879 N.E.2d 247 (Ohio Ct. App. 2007). “” R.C. 2721.05(C) provides that “[a]ny person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration * * * of the estate of a decedent * * * may have a…”
Pack v. Osborn, 881 N.E.2d 237 (Ohio 2008). “R.C. 2721.05(C) and 5802.01(C). Moreover, court involvement with respect to interpretation of a trust’s terms in the Medicaid-eligibility context has been legislatively sanctioned.”
Thomas v. Delgado, 2022 Ohio 4235 (Ohio Ct. App. 2022). “’” Lamar, 2006-Ohio-1414, at ¶ 15 , quoting R.C. 2721.05(C). However, “‘the probate division has no jurisdiction over claims for money damages arising from allegations of fraud.”
Bank One Trust Co. v. Reynolds, 877 N.E.2d 342 (Ohio Ct. App. 2007). “Separate appeals were taken from the two judgments involving the status of Timothy and Mickey, and those are now before us for review.”
Grimes v. Grimes, 879 N.E.2d 247 (Ohio Ct. App. 2007). “” R.C. 2721.05(C) provides that “[a]ny person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration * * * of the estate of a decedent * * * may have a…”
Pack v. Osborn, 881 N.E.2d 237 (Ohio 2008). “R.C. 2721.05(C) and 5802.01(C). Moreover, court involvement with respect to interpretation of a trust’s terms in the Medicaid-eligibility context has been legislatively sanctioned.”
Thomas v. Delgado, 2022 Ohio 4235 (Ohio Ct. App. 2022). “’” Lamar, 2006-Ohio-1414, at ¶ 15 , quoting R.C. 2721.05(C). However, “‘the probate division has no jurisdiction over claims for money damages arising from allegations of fraud.”
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