Ohio § 2109.43
Full text of Ohio Ohio Revised Code § 2109.43, with citation guidance and answers to common questions.
§ 2109.43.
No fiduciary shall make any personal use of the funds or property belonging to a trust. For a violation of this section, the fiduciary and the fiduciary's bond shall be
liable in an action for any loss occasioned by that use and for any additional amount
by way of forfeiture, not exceeding the amount of the loss occasioned by the use,
that may be fixed by the probate court hearing the case. Those amounts shall be payable for the benefit of the beneficiary, if living, and
to the beneficiary's estate if the beneficiary is deceased. In addition to the penalties under this section, the court may remove the fiduciary
pursuant to section 2109.24 of the Revised Code for fraudulent conduct or dereliction of duty related to the fiduciary's personal
use or misuse of funds or property belonging to a trust. However, if all interested persons consent to the fiduciary's use of the property
in a signed writing filed with the probate court, the fiduciary may make personal
use of property belonging to the trust. An action under this section shall be brought not later than one year after the termination
of the trust or the discovery of that loss. It is within the court's discretion, upon application, notice to interested persons,
and a hearing, to allow the personal use of trust property by the fiduciary.
Frequently Asked Questions About Ohio § 2109.43
What does Ohio Revised Code § 2109.43 cover?
Section 2109.43 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 § 2109.43?
A common citation format is "Ohio Revised Code § 2109.43" (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 § 2109.43 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.