Ohio § 2121.08

§ 2121.08.

(A) The probate court may at any time within a three-year period from the date of the

decree establishing the death of a presumed decedent, upon proof satisfactory to the

court that the presumed decedent is in fact alive, vacate the decree establishing

the presumption of death.  After the decree has been vacated all the powers of the executor or administrator

of the presumed decedent cease, but all proceedings had and steps taken with respect

to the administration of the estate of the presumed decedent prior to the vacating

of the decree remain valid.  The executor or administrator of the estate of the presumed decedent who is found

to be alive shall settle the account of the executor's or administrator's administration

down to the time of the vacating of the decree and shall transfer all assets remaining

in the possession or under the control of the executor or administrator to the person

for whom the executor or administrator is acting, or to that person's authorized agent

or attorney. (B) The title of any person to any money, property, right, or interest as surviving spouse,

next of kin, heir, legatee, devisee, co-owner with right of survivorship, beneficiary

or other contractual payee, successor to a trust interest, or otherwise of the presumed

decedent shall be subject to this section, and upon vacating of the decree as provided

in this section any property, money, right, or interest, or its fair value if the

same shall have been sold or otherwise disposed of, may be recovered from the person

who had received that property, money, right, or interest. (C) Except as provided in division (D) of this section, in any action against a beneficiary

for the recovery of property or the value of the property, or upon the bond given

as condition for delivery of money, other personal property, or sale or encumbrance

of real property, the beneficiary may set off as against that claim, an allowance

for services rendered in maintaining or preserving the property, and for any moneys

or other considerations made or given by the beneficiary for the preservation, care,

or maintenance of the property during the period of absence of the person erroneously

presumed to be dead, and the reasonable value of any part of the property used for

support by those whom the person erroneously presumed to be dead had a legal obligation

to support during the person's absence. (D) There shall be no set off as against those assets defined in division (C) of section 2121.05 of the Revised Code to be assets of the presumed decedent that were created by the decree of presumed

death.  Those assets created by the erroneous decree of presumed death shall be returned

with interest to the person entitled to them. (E) Any net cash surrender value on any policies of life insurance on the life of a person

erroneously presumed to be dead are subject to the set off provision in division (C)

of this section.  The person erroneously presumed to be dead, or persons claiming under the person

erroneously presumed to be dead, may recover whatever remains of cash values from

the person to whom paid.  The claimants have no recourse against the insurance company that made the payments,

and it is discharged from liability on the policies affected.