Ohio § 2109.25

§ 2109.25.

(A) Whenever it appears to the satisfaction of the probate court that a fiduciary is

unable to perform the fiduciary's duties because the fiduciary is engaged or is about

to engage in military service as defined by this section, the court may remove the

fiduciary and appoint a substitute or authorize the remaining fiduciaries to execute

the trust.  That action may be taken on the court's own motion or on the application of any

party in interest, including the fiduciary or cofiduciary, either without notice or

upon notice to those persons and in the manner that the court shall direct. If any of the duties of that office remain unexecuted when a fiduciary who has resigned

or been removed on account of the fiduciary's military service ceases to be in that

military service, the fiduciary shall be reappointed as fiduciary upon the fiduciary's

application to the court and upon any notice that the court may direct, provided the

fiduciary is at the time a suitable and competent person and has the qualifications

as to residence required by section 2109.21 of the Revised Code .  If the person is reappointed, the court shall remove the substitute fiduciary and

revoke the substitute fiduciary's letters of appointment and shall make such further

order or decree as justice requires. (B) As used in this section, “ military service ” means any service, work, or occupation that in the opinion of the court is directly

or indirectly in furtherance of any military effort of the United States.  “ Military service ” includes internment in an enemy country, residence in any foreign country, or residence

in any possession or dependency of the United States, if by reason of the internment

or residence the fiduciary is unable to return to this state.