2127.40 Sale by executor or administrator of real estate fraudulently transferred by decedent. - Ohio Statutes

2127.40 Sale by executor or administrator of real estate fraudulently transferred by decedent.

When an action is brought by an executor or administrator to sell real estate to pay debts, the real estate subject to sale shall include all rights and interests in lands, tenements, and hereditaments transferred by the decedent in his lifetime with intent to defraud his creditors, except that lands fraudulently transferred cannot be taken from any person who purchased them for a valuable consideration, in good faith, and without knowledge of the fraud. No claim to such lands shall be made unless within four years next after the decease of the grantor.

If real estate fraudulently transferred is to be included in such an action, the executor or administrator, either before or at the same time, may commence a civil action in the court of common pleas in the county in which the real estate is situated to recover possession of it, or, in his action for its sale, he may allege the fraud and have the fraudulent transfer avoided. But when the real estate is included in the complaint before the recovery of possession by the executor or administrator, the action shall be brought in the court of common pleas in the county in which the real estate is situated.

Effective Date: 09-28-1990