Law News

Legal News

SIGNIFICANT CHANGES TO OHIO LAW REGARDING A FIDUCIARY’S ACCESS TO THE PRINCIPAL’S, WARD’S, OR DECEDENT’S DIGITAL ASSETS

House Bill 432, which became effective in March of 2017, contained Ohio’s Revised Uniform Fiduciary Access to Digital Assets Act (“RUFADAA”). RUFADAA provides a digital asset owner’s fiduciaries (namely, agents, guardians, estate representative, and trustees) with specific rights to access those assets. Before this change, fiduciaries could not lawfully access those assets. Under RUFADAA, “digital asset” means an electronic record in which an individual has a right or interest, but does not include an underlying […]

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Ohio Supreme Court Rules Ohio Commercial Activity Tax May Be Imposed on Out-of-State Internet Companies

On November 17, 2016, the Ohio Supreme Court handed down a decision which held, in effect, that Ohio’s Commercial Activity Tax (“CAT”) may be charged on the gross receipts of an out-of-state business’ Internet sale of goods to Ohio customers if those receipts exceed $500,000. In Crutchfield Corp. v. Testa, Slip Opinion No. 2016-Ohio-7760, the Ohio Supreme Court was presented with these facts: Crutchfield Corp. sold merchandise to Ohio consumers via the Internet and paid no CAT on its gross […]

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Ohio Supreme Court Rules Estate Claims Must Be Presented Directly to Executor or Administrator to Be Enforcable

In Wilson v. Lawrence, a case decided in April, 2017, the Ohio Supreme Court issued a decision which established that “[a] claim against an estate must be timely presented in writing to the executor or administrator of the estate in order to meet the mandatory requirements of R.C. 2117.06(A)(1)(a) [the claim presentation statute], and… delivery of the claim to a person not appointed by the probate court who gives it to the executor or administrator […]

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