Ohio Trust Claims

By: Elliott Stapleton

This article will cover various trust claims in the State of Ohio, including § 5806.04(A) 1-4, § 5808.17(A), § 5810.05(A), and § 5810.05(C). Each § 5806.04(A) claim pertains to a revocable trust that is made irrevocable by the death of the settlor of the trust. Whereas, § 5808.17(A) relates to a beneficiary taking action against the trustee’s proposal for distribution. § 5810.05(A) and § 5810.05(C) both have to do with a beneficiary taking action against a trustee for breach of trust.

  • § 5806.04(A)(1): This pertains to challenging the legitimacy of a revocable trust that has been made irrevocable by the settlor’s death. This action has to occur either two years after the settlor’s date of death or six months after the trustee sends a copy of the trust instrument to the person bringing the action and sends this person a notice informing him or her of the trust’s existence, the trustee’s name and address, and the time allowed.
  • § 5806.04(A)(2): This relates to challenging the legitimacy of any amendment that is made during the lifetime of the settlor of the revocable trust that is made irrevocable by the settlor’s death. This action has to occur either two years after the settlor’s date of death or six months after the trustee sends a copy of the trust instrument to the person bringing the action and sends this person a notice informing him or her of the trust’s existence, the trustee’s name and address, and the time allowed.
  • § 5806.04(A)(3): This refers to challenging the withdrawal from the trust during the settlor of the trust’s lifetime. This action has to occur either two years after the settlor’s date of death or six months after the trustee sends a copy of the trust instrument to the person bringing the action and sends this person a notice informing him or her of the trust’s existence, the trustee’s name and address, and the time allowed.
  • § 5806.04(A)(4): This relates to challenging the legitimacy of transfers made to the trust during the settlor of the trust’s lifetime. This action has to occur either two years after the settlor’s date of death or six months after the trustee sends a copy of the trust instrument to the person bringing the action and sends this person a notice informing him or her of the trust’s existence, the trustee’s name and address, and the time allowed.
  • § 5808.17(A): This pertains to the right to question the trustee’s planned distribution after the termination of the trust. The person taking action must inform the trustee within 30 days from when the proposal was sent.
  • § 5810.05(A): This refers to a beneficiary taking action against a trustee for breach of the trust. This action must take place two years after the beneficiary, a representative of the beneficiary, or a beneficiary surrogate is sent a report that explains the existence of a possible claim for breach of trust.
  • § 5810.05(C): This relates to the situation of when no beneficiary is sent a report, the beneficiary can take action against a trustee for breach of trust. This action must occur four years after the first of the following happening:
    • Removal, resignation, or death of the trustee
    • Ending of the beneficiary’s interest in the trust
    • Termination of the trust
    • The time when the beneficiary knew of the breach of the trust

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