Except as provided in section 2105.36 of the Revised Code, the following shall apply:

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Terms Used In Ohio Code 2105.34

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: means real and personal property. See Ohio Code 1.59
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.

(A) If it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property or account passes as if one co-owner had survived the other co-owner by one hundred twenty hours, and one-half of the property or account passes as if the other co-owner had survived the one co-owner by one hundred twenty hours.

(B) If there are more than two co-owners with right of survivorship and it is not established by clear and convincing evidence that at least one of the co-owners survived the others by one hundred twenty hours, the property or account passes in the proportion that one co-owner’s ownership bears to the ownership of the whole number of co-owners.