Probate Litigation Attorneys
Application of the Ohio Trust Code
Cundell v. U.S. Bank, Hamilton App. Nos. C-070081, C-070082, 2007-Ohio-7067. This case involves interpretation of the Ohio Trust Code which went into effect on January 1, 2007. The case discussed when the Trust Code can be retroactively applied as well as how courts in Ohio obtain jurisdiction over non-resident Trust beneficiaries in Ohio trust litigation cases. Notably, when trust beneficiaries receive money distributed from a trust that is administered in Ohio, the beneficiaries subject themselves to the jurisdiction of Ohio courts. Additionally, the case further discusses the concept of imposing a constructive Trust on people who obtain assets as a result of wrong doing.