Ohio § 2106.08
Full text of Ohio Ohio Revised Code § 2106.08, with citation guidance and answers to common questions.
§ 2106.08.
If, because of a legal disability, a surviving spouse is unable to make an election
as provided by section 2106.01 of the Revised Code , as soon as the facts come to the knowledge of the probate court, the probate court
shall appoint some suitable person to ascertain the value of the provision made for
the surviving spouse by the testator, the value of the rights of the surviving spouse
in the estate of the testator under Chapter 2105. of the Revised Code, and the adequate
support needs of the surviving spouse after taking into consideration the other available
resources and the age, probable life expectancy, physical and mental condition, and
present and reasonably anticipated future needs of the surviving spouse. The appointment by the court shall be made at any time within the times described
in division (E) of section 2106.01 of the Revised Code for making an election under that section. When the person so appointed returns the report of the person's investigation, the
court may elect for the surviving spouse to take under section 2105.06 of the Revised Code only if it finds, after taking into consideration the other available resources and
the age, probable life expectancy, physical and mental condition, and present and
reasonably anticipated future needs of the surviving spouse, that the election to
take under section 2105.06 of the Revised Code is necessary to provide adequate support for the surviving spouse during the surviving
spouse's life expectancy. After making its determination under this section, the court shall record upon its
journal the election made for the surviving spouse. The election, when so entered, shall have the same effect as an election made by
one not under legal disability.
Frequently Asked Questions About Ohio § 2106.08
What does Ohio Revised Code § 2106.08 cover?
Section 2106.08 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2106.08?
A common citation format is "Ohio Revised Code § 2106.08" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2106.08 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.