Ohio § 2109.38 Retaining unauthorized investments

Ohio Statutes

§ 2109.38 — Retaining unauthorized investments

Ohio § 2109.38

Title 21Courts-Probate-Juvenile

Ch. 2109Fiduciaries

This text of Ohio § 2109.38 (Retaining unauthorized investments) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2109.38 (2026).

Text

Sections2109.37,2109.371, and2109.372of  the Revised Code do not prohibit a fiduciary from retaining any  part of a trust estate as received by the fiduciary even though  that part is not of the class or percentage permitted to  fiduciaries, or from retaining any investment made by the  fiduciary after the investment ceases to be of a class or exceeds  the percentage permitted by law, provided the circumstances are  not such as to require the fiduciary to dispose of the investment  in the performance of the fiduciary's duties.

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Sections2109.37,2109.371, and2109.372of the Revised Code do not prohibit a fiduciary from retaining any part of a trust estate as received by the fiduciary even though that part is not of the class or percentage permitted to fiduciaries, or from retaining any investment made by the fiduciary after the investment ceases to be of a class or exceeds the percentage permitted by law, provided the circumstances are not such as to require the fiduciary to dispose of the investment in the performance of the fiduciary's duties.