Ohio Senate Bill 232 Terminates Transfer-On-Death Deeds to Ex-Spouses and Limits Inheritance Rights of Pre-Conceived Children

In December (2016), Ohio Senator, John Kasich, signed into law Senate Bill 232. The bill makes changes to Ohio’s statutes on intestacy, wills, and trusts and terminates transfer-on-death deeds to ex-spouses in addition to limiting inheritance rights of children born with the use of assisted reproductive technologies. These amendments will take effect March 13, 2017.
Following is a summary produced by the Legislative Service Commission
(Sub. S.B. 232 As passed by the General Assembly)

ACT SUMMARY

• Terminates a transfer on death designation made to an owner’s spouse on certain affidavits and deeds if the owner and the spouse later obtain a divorce, dissolution, or annulment.
• Precludes a descendant of an intestate from inheriting under the law on descent and distribution unless surviving the intestate for at least 120 hours, or unless born within 300 days after the intestate’s death and living for at least 120 hours after birth.
• Prevents a person born more than 300 days after a testator’s death from inheriting under the testator’s will unless the will clearly provides otherwise, and specifies that if the will clearly provides for such posthumously born child to inherit, the child must be born within one year and 300 days after the testator’s death.
• Prevents a settlor’s child born by means of assisted reproductive technologies more than 300 days after the settlor’s death from being considered the settlor’s child unless the terms of the trust clearly provide otherwise.
• Provides that if the terms of a trust provide for a child born by means of assisted reproductive technologies and also provide for a time period in which the child must be born, that time period applies for the child to benefit from the trust, subject to a maximum period of five years from the settlor’s death.
• Provides that if the terms of a trust provide for a child born by means of assisted reproductive technologies but do not provide for a time period in which the child must be born; the child must be born within one year and 300 days from the settlor’s death in order for the child to benefit from the trust.

For questions about how Senate Bill 232 may impact you or your family, call CPM family law group at 614 -228-6135.