Ohio Rev. Code » Chapter 5808
Ohio Revised Code

Ohio Rev. Code § 5808.09 (2026)

Taking control and protection of property

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
January 1, 2007
Latest Legislation:
House Bill 416 - 126th General Assembly
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A trustee shall take reasonable steps to take control of and protect the trust property.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2017–2026 · leading case: Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032.
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Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032. · cites it 2× “” R.C. 5808.09,8 5808.01,9 and 5808.11.10 {¶101} The Trustees proffer that there is no ambiguity in the Trust Deed that the declaratory matter was moot because recent regulations had alleviated the Beach crowding issue.”
Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank, 2018-Ohio-661, 106 N.E.3d 866. “" Pursuant to R.C. 5808.09, "[a] trustee shall take reasonable steps to take control of and protect the trust property.”
Zimmerman v. Dillon, 2025-Ohio-3157. · cites it 2× “Duty to protect the trust property – R.C. 5808.09 {¶30} In addition to his failure to keep proper records, competent, credible evidence exists to support the probate court’s finding that Appellant failed to ensure that Trust property was adequately protected.”
Lashaway v. Lashaway, 2026-Ohio-1168. “04; and R.C. 5808.09; and citing R.C. 5808.02. We review the trial court’s breach of trust findings under the manifest-weight-of-the-evidence standard.”
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