Ohio § 2109.361

§ 2109.361.

(A) As used in this section, “ third-party distribution ” means the distribution by a fiduciary of an estate or trust of the assets of that

estate or trust when both of the following apply: (1) The fiduciary makes the distribution to either of the following persons: (a) The transferee of a beneficiary; (b) Any person pursuant to an agreement, request, or instruction of a beneficiary or

pursuant to a legal claim against a beneficiary. (2) The distribution is the subject of an agreement between a beneficiary and any person

that requires the fiduciary or beneficiary to pay a percentage of an inheritance or

a dollar amount to any person other than the beneficiary. (B) Prior to making a third-party distribution, the affected beneficiary or the affected

beneficiary's guardian or other legal representative of the beneficiary may file an

application for the approval of a third-party distribution with the probate court.  An application filed pursuant to this division shall identify the person to whom

the third-party distribution is to be made, disclose the basis for making the third-party

distribution, and include a copy of any written agreement between the affected beneficiary

and the person to whom the third-party distribution is to be made. (C) The probate court shall hold a hearing on an application filed under division (B)

of this section.  The applicant shall serve notice of the hearing on all interested parties at least

fifteen days prior to the hearing in accordance with Civil Rule 73 .  An interested party may waive notice of the hearing in accordance with Civil Rule 73 . (D) The probate court may approve the third-party distribution in whole or in part, as

the court determines is just and equitable.  To the extent that the application is approved, the court shall determine whether

the third-party distribution is properly charged solely against the beneficiary's

share of the estate or trust or whether some or all of the third-party distribution

is properly charged against the residue of the affected estate or trust.  The court may consider any relevant factors in evaluating the application, including,

but not limited to, any of the following: (1) The amount or percentage of the affected beneficiary's share that would be the subject

of the proposed third-party distribution measured against the reasonable value of

any assets or services the person to whom the third-party distribution would be made

provided to the beneficiary or to the estate or trust; (2) Whether the agreement, request, or instructions of the affected beneficiary were

procured by duress, fraud, misrepresentation, undue influence, or other unfair means; (3) Whether the amount of the proposed third-party distribution is fixed or contingent

under the terms of the agreement between the affected beneficiary and the recipient

of the proposed third-party distribution; (4) Whether the beneficiary was represented by an attorney during the pendency of the

probate action, or the beneficiary authorized the recipient of the proposed third-party

distribution to retain an attorney who is licensed to practice law in Ohio for the

beneficiary to formally represent the beneficiary in any proceeding regarding the

decedent's estate, and the recipient of the proposed third-party distribution is responsible

for paying the attorney's fees; (5) The extent, if any, to which the recipient of the proposed third-party distribution

incurred expenses in connection with the services provided to the affected beneficiary,

estate, or trust; (6) Whether the beneficiary was required to advance any payments for fees or expenses

to the recipient of the proposed third-party distribution. (E) Division (D)(4) of this section does not prohibit the beneficiary from retaining

the beneficiary's own legal counsel. (F) This section does not apply to third-party distributions to an attorney who represents

a beneficiary and does not affect any other provision of law regarding the compensation

of attorneys.