Ohio Legislative Updates Affecting the Probate and Trust Practice
Details
  1. Review and Wrap Up from the 135th General Assembly
  1. HB172 ALLOW ELECTRONIC EXECUTION OF WILLS (SWEARINGEN D) To expand the laws on wills, declarations or living wills, durable powers of attorney for health care, powers of attorney, and transfer on death designation affidavits by providing for their execution electronically.

    1. HB179 VICARIOUS LIABILITY IN TORT ACTIONS (MATHEWS A, STEWART B) Relative to vicarious liability in tort actions and to provide that the tolling of the limitations period during the defendant's absence or concealment does not apply to statutes of repose.
  1. HB301 NONPROFIT CORPORATION LAW CHANGES, LOCAL GOVERNMENTS (SWEARINGEN D) To amend the Nonprofit Corporation Law, the law governing dissolving corporations, and the law governing the repair or replacement of a mausoleum or columbarium; to replace two part-time judgeships in the Ashtabula County County Court with one full-time judge, and to include the village of North Kingsville and Kingsville, Monroe, and SheTield Townships within the territorial jurisdiction of the Conneaut Municipal Court; to expand the authority of a board of trustees of a political subdivision soldiers' memorial; to modify the law governing. public depositories; to establish a standing juvenile committee within the state criminal sentencing commission; to allow an immediate appeal of a court order restricting enforcement of state law; to allow a court to order parents to undergo conciliation with a magistrate in a custody proceeding; and to reiterate the effective date of judicial release and transitional control provisions enacted in S.B. 288 of the 134th General Assembly.
  1. HB338 SUPPORT ORDERS FOR CHILDREN WITH DISABILITIES (WHITE A, SWEENEY B) To allow child support orders to be issued, modified, or extended for children over 18 with a disability, to change the status of the judge of the Lebanon Municipal Court from part-time to full-time, and to clarify disbursement of funds related to computerization fees. 
  1. SB94 MORTGAGE, JUDICIAL PRACTICES, TOWING (BRENNER A, LANDIS A) To make various changes regarding recorded instruments, powers of attorney, judgment liens, mortgage subrogation, law enforcement towing laws, state stock banks, liquor control laws, motor vehicle sales and leases, designation of public depositories, community reinvestment areas, motor vehicle certificates of title, and higher education cost and aid disclosure forms; to provide for the electronic filing of pleadings or documents in courts of common pleas except a probate or juvenile court; in municipal courts, and in county courts, to permit an elected clerk to disburse funds for the computerization of the clerk's office without the court's authorization; to permit municipal and county courts to increase the maximum amount of their additional fees from ten dollars to twenty dollars to cover the computerization of the clerk's office; to enact the "CAMPUS" Act regarding the prevention of harassment and intimidation at institutions of higher education; to establish campus safety and community programs; to provide additional funding to support responsibilities of the Chancellor of Higher Education related to educator preparation programs and the science of reading; and to make appropriations. 

    1. SB325 ALLOCATING RESPONSIBILITIES-PARENTING PLAN (GAVARONE T, HICKSHUDSONP) Regarding the allocation of parenting responsibilities in a parenting plan. 
  1. SB331 LIEN DEBTORS-COUNTY RECORDERS (BLESSING III L) To require certain liens filed with the county recorder to set forth the last known address of the lien debtor and to require a memorandum of trust or other qualifying instrument concerning real property to be recorded.
  1. Looking forward to the 136th General Assembly
  1. HB55 REGARDING PROBATE ESTATE ADMINISTRATION FEES (STEWART B) To amend the law related to fees for the administration of a probate estate.
    1. HB130 MEDICAID ESTATE RECOVERY NOTIFICATION REQUIREMENTS (LARE J, BRENNAN S) Regarding notification requirements for the Medicaid Estate Recovery Program.
    2. SB35 SUPPORTED DECISION MAKING-ADULT GUARDIANSHIP (CIRINO J, REYNOLDS M) To establish supported decision making as a less restrictive alternative to guardianship for adults with developmental disabilities.
    3. Forthcoming OSBA Estate Planning Bill (HB 696 in the 135th GA)
      1. To amend the trust code in response to Diller v. Diller;
      2. Clarify no aTirmative duty to move situs of a trust;
      3. Fiduciary Claims Statute; General Claim Statute;
      4. Ohio Uniform Fraudulent Transfer Act;
      5. Trust Protector non-fiduciary capacity;
      6. Ohio trustee with a discretionary power to pay a taxing authority directly; Uniform Power of Attorney Act;
      7. Nonresident fiduciaries response to last year's budget.
    4. Forthcoming OSBA Proposals
      1. Community Property Trusts

PRESENTER: SCOTT LUNDREGAN received his BA from Miami University and his JD from The Ohio State University Moritz College of Law, where he was on Entrepreneurial Business Law Journal. While in law school, he served as a research assistant to law professor Ruth Colker at The Ohio State University Moritz College of Law; a judicial extern to Ohio Supreme Court Justice O’Connor; an intern with the Chief Counsel of the Ohio House Republican Caucus; and as a legal intern at Nationwide Insurance. After graduating law school, Mr. Lundregan joined the law firm Baker & Hostetler LLP. In 2013, he joined the Ohio House of Representatives as Deputy Legal Counsel. During Mr. Lundregan’s tenure there, he also served as Deputy Policy Director, Deputy Chief of Staff, and Policy Director/Deputy Legal Counsel. In early 2019, Mr. Lundregan joined the Ohio State Bar Association as Director of Member Engagement and Legislative Counsel. In 2025 he joined Cosgrove Jonhenry LLC as Of Counsel. He volunteers his time pro bono at a Wills Clinic providing simple probate services to low-income senior citizens and is an Ohio State Bar Foundation Fellow.

 

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Expires on Dec 31, 2026
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