Ohio § 2105.19

§ 2105.19.

(A) Except as provided in division (C) of this section, no person who is convicted of,

pleads guilty to, or is found not guilty by reason of insanity of a violation of or

complicity in the violation of section 2903.01 , 2903.02 , or 2903.03 of the Revised Code or a violation of division (A) of section 2903.04 of the Revised Code that is not a proximate result of a felony violation of section 2903.06 of the Revised Code , or of an existing or former law of any other state, the United States, or a foreign

nation, substantially equivalent to a violation of or complicity in the violation

of any of these sections, no person who is indicted for a violation of or complicity

in the violation of any of those sections or laws and subsequently is adjudicated

incompetent to stand trial on that charge, and no juvenile who is found to be a delinquent

child by reason of committing an act that, if committed by an adult, would be a violation

of or complicity in the violation of any of those sections or laws, shall in any way

benefit by the death.  All property of the decedent, and all money, insurance proceeds, or other property

or benefits payable or distributable in respect of the decedent's death, shall pass

or be paid or distributed as if the person who caused the death of the decedent had

predeceased the decedent. (B) A person prohibited by division (A) of this section from benefiting by the death

of another is a constructive trustee for the benefit of those entitled to any property

or benefit that the person has obtained, or over which the person has exerted control,

because of the decedent's death.  A person who purchases any such property or benefit from the constructive trustee,

for value, in good faith, and without notice of the constructive trustee's disability

under division (A) of this section, acquires good title, but the constructive trustee

is accountable to the beneficiaries for the proceeds or value of the property or benefit. (C) A person who is prohibited from benefiting from a death pursuant to division (A)

of this section either because the person was adjudicated incompetent to stand trial

or was found not guilty by reason of insanity, or the person's guardian appointed

pursuant to Chapter 2111. of the Revised Code or other legal representative, may file

a complaint to declare the person's right to benefit from the death in the probate

court in which the decedent's estate is being administered or that released the estate

from administration.  The complaint shall be filed no later than sixty days after the person is adjudicated

incompetent to stand trial or found not guilty by reason of insanity.  The court shall notify each person who is a devisee or legatee under the decedent's

will, or if there is no will, each person who is an heir of the decedent pursuant

to section 2105.06 of the Revised Code that a complaint of that nature has been filed within ten days after the filing of

the complaint.  The person who files the complaint, and each person who is required to be notified

of the filing of the complaint under this division, is entitled to a jury trial in

the action.  To assert the right, the person desiring a jury trial shall demand a jury in the

manner prescribed in the Civil Rules. A person who files a complaint pursuant to this division shall be restored to the

person's right to benefit from the death unless the court determines, by a preponderance

of the evidence, that the person would have been convicted of a violation of, or complicity

in the violation of, section 2903.01 , 2903.02 , or 2903.03 of the Revised Code or a violation of division (A) of section 2903.04 of the Revised Code that is not a proximate result of a felony violation of section 2903.06 of the Revised Code , or of a law of another state, the United States, or a foreign nation that is substantially

similar to any of those sections, if the person had been brought to trial in the case

in which the person was adjudicated incompetent or if the person were not insane at

the time of the commission of the offense.