Ohio Probate Information On Legislation

The bill constructively repeals (through the year 2010) the Ohio Additional Estate Tax (Sponge Tax), and the Ohio Generation Skipping Transfer Tax by “coupling” these taxes to credits no longer available under the Internal Revenue Code. [5731.01, 5731.18, 5731.181] Phases out the Ohio Additional Estate Tax for decedents who die between January 1, 2002, and the effective date of the bill by providing for a credit against the Ohio Additional Estate Tax. [557.03] Repeals the Ohio Estate Tax deduction for a family owned business. [5731.20]

Section 5101.802 creates the kinship permanency incentive plan. This plan provides payments to a kinship caregiver who has custody of a minor child to defray costs of placement and to encourage permanent placement. If the probate court establishes a minor guardianship, the guardian/caregiver may be eligible to receive such payments.

Section 5121.51 allows an agent of the department of mental health to petition the probate court to appoint a guardian of the estate of a patient in a hospital.

Section 5731.22 allows an application for remission of penalties for failure to file an estate tax return or for failure to pay an estate tax upon showing of reasonable cause. After the tax commissioner considers an application and makes a determination, the applicant may file an exception to the tax commissioner’s decision in the probate court as provided under RC 5731.30.