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(A) An existing document, book, record, or memorandum may be incorporated in a will by reference, if referred to as being in existence at the time the will is executed. That document, book, record, or memorandum shall be deposited in the probate court when the will is probated or within thirty days after the will is probated, unless the court grants an extension of time for good cause shown. A copy may be substituted for the original document, book, record, or memorandum if the copy is certified to be correct by a person authorized to take acknowledgments.
(B) Notwithstanding division (A) of this section, if a will incorporates a trust instrument only in the event that a bequest or devise to the trust is ineffective, the trust instrument shall be deposited in the probate court not later than thirty days after the final determination that such bequest or devise is ineffective.
(C) If a testator intends to incorporate a trust instrument in a will, the testator's will shall manifest that intent through the use of the term "incorporate," "made a part of," or similar language. In the absence of such clear and express intent, a trust instrument shall not be incorporated into or made a part of the will. Any language in the testator's will that only identifies a trust shall not be sufficient to manifest an intent to incorporate that trust instrument by reference in the will.
(D) The amendment of this section by adding divisions (B) and (C) applies, and shall be construed as applying, to the wills of testators who die on or after the effective date of this amendment.
c1 Devs (toanmarn » gouat oF 1 p_8i au] oon The Court nf Appeals TTT HAR TS Cy. OF Obs secsod Apo. Dist. Glaneegy ond Macrlgaareeg County Stole Ex Ret. Origieial Action) Akcaninns Peestras CA29063 Le Dicclee Dennis ~ banger, a a Muara valley Res, anal femme Lalo: Devdaw, OH ET Al, Mathias H. Heck re CProsecuter\ WRIT OF MANDa mus Afour Cames +e Rotatoc, Adravinn) Preston! Parsuant to Pic. 2273/6 he Fae a writ OF Mendemus ta ushich te Reoucst alf RBialagiea| Cusdeat woe Tri…
Montgomery County, OH
Mar 16, 2021
PETITION FOR WRIT OF MANDAMUS FILED
Jy tianenn IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO SECOND APPELLATE DISTRICT In the Matter of the Trust of Maureen E. Kramariuk, TIMOTHY J. GEHRKE, et al., Plaintiffs-Appellants, ve PETER SENKIW, et al., Defendants-Appellees. Case No. CA026829 Montgomery County Probate Court Case No.: 2014 MSC 00276 ANSWER BRIEF OF DEFENDANT-APPELLEE, PETER SENKTW ORAL ARGUMENT REQUESTED Richard Kolb (0016449) 405 Madison Avenue Suite 1000 Toledo, OH 43604 Phone: (419) 244-3006 Fax: (4…
Montgomery County, OH
Dec 21, 2015
NOTICE OF APPEAL FILED
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