Franklin Malemud authored "Hey Fiduciaries, the Ohio Trust Code is Still Your Friend" in the November/December 2019 Issue of the Probate Law Journal of Ohio.
Three solid years of deliberation over Ohio law and the Uniform Trust Code (promulgated in 2000) preceded the drafting and ultimate passage of H.B. 416 leading to the creation of the Ohio Trust Code (“OTC”) effective January 2007. In the more than 12 years since the OTC has been in effect, court decisions and practical experience has led the Estate Planning, Trust, and Probate Law (“EPTPL”) Section of the Ohio State Bar Association, to continue its well-reasoned and active lobbying of the legislature to modify the OTC based on post-2007 realities. While reaction to court decisions from Ohio and other jurisdictions often spurs swift reaction from the EPTPL, we appear to overlook that the OTC was enacted with great deliberation and careful consideration of a body of law and policy. Our reactionary posture is sometimes triggered by a court decision that, on its face may appear troubling, but substantively does not consider or analyze the OTC and attendant nuances in a way that can provide meaningful guidance.
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This article is an excerpt that is reprinted with the publisher's permission from Vol. 30, Issue 2, Ohio Probate Law Journal (© 2019 Thomson Reuters) and on Westlaw at 30 No. 2 Ohio Prob. L.J. NL 8. Further reproduction of any kind is strictly prohibited. For further information about this publication, please visit: https://legal.thomsonreuters.com/en/products/law-books, or call 800.328.9352.
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