Ohio § 5812.08

§ 5812.08.

(A) Each beneficiary described in division (D) of section 5812.07 of the Revised Code is entitled to receive a portion of the net income equal to the beneficiary's fractional

interest in undistributed principal assets, using values as of the distribution date.  If a fiduciary makes more than one distribution of assets to beneficiaries to whom

this section applies, each beneficiary, including one that does not receive part of

the distribution, is entitled, as of each distribution date, to the net income the

fiduciary has received after the date of the decedent's death or terminating event

or earlier distribution date but has not distributed as of the current distribution

date. (B) In determining a beneficiary's share of net income for the purpose of this section,

all of the following apply: (1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's

fractional interest in the undistributed principal assets immediately before the distribution

date, including assets that later may be sold to meet principal obligations. (2) The beneficiary's fractional interest in the undistributed principal assets must

be calculated without regard to property specifically given to a beneficiary and property

required to pay pecuniary amounts not in trust. (3) The beneficiary's fractional interest in the undistributed principal assets must

be calculated on the basis of the aggregate value of those assets as of the distribution

date without reducing the value by any unpaid principal obligation. (4) The distribution date for purposes of this section may be the date as of which the

fiduciary calculates the value of the assets if that date is reasonably near the date

on which assets are actually distributed. (C) If a fiduciary does not distribute all of the collected but undistributed net income

described in divisions (A) and (B) of this section to each person as of a distribution

date, the fiduciary shall maintain appropriate records showing the interest of each. (D) To the extent that a fiduciary considers it appropriate, the fiduciary may apply

the provisions of divisions (A) to (C) of this section to any net gain or loss, realized

after the date of the decedent's death or an income interest termination or earlier

distribution date, from the disposition of a principal asset to which such provisions

apply.