2108.76 Assignee no longer declarant's spouse. - Ohio Statutes

2108.76 Assignee no longer declarant's spouse.

(A) Except as provided in division (B) of this section, if the person named as the declarant’s representative or successor representative in a written declaration was the declarant’s spouse at the time the declaration was executed, but is not the declarant’s spouse at the time of the declarant’s death, the former spouse shall no longer be qualified to serve as the declarant’s representative or successor representative.

(B) Division (A) of this section shall not apply and a former spouse is qualified to serve as a declarant’s representative or successor representative if the declarant signs and dates, after the termination of the marriage, a document stating the declarant’s intent that the former spouse be the declarant’s representative or successor representative. The document must be notarized or witnessed in accordance with the procedures described in section 2108.73 of the Revised Code.

Effective Date: 10-12-2006