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Oh License Law Orc 4735Trust_accounts_2_banking_daysMEDIUM

A broker dies unexpectedly while holding $50,000 in trust for multiple clients. Under ORC Chapter 4735, what is the proper disposition of those funds?

Correct Answer

C) The Division of Real Estate coordinates with the broker's estate and any successor broker to ensure client funds are identified and returned to rightful owners

Under ORC §4735.18, trust funds are client property at all times and never become part of the broker's personal estate. Upon a broker's death, the Division of Real Estate works with the estate's executor and any successor broker to identify all client funds held in trust and ensure proper distribution to rightful owners. The funds do not pass through probate as broker assets.

Answer Options
A
The funds are frozen by the court until the broker's estate is fully probated, which may take years
B
The Superintendent of Real Estate appoints a receiver to safeguard the funds while the estate is settled
C
The Division of Real Estate coordinates with the broker's estate and any successor broker to ensure client funds are identified and returned to rightful owners
D
Each client must file a separate claim with the Ohio Real Estate Recovery Fund to recover their funds

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Related Topics & Key Terms

Key Terms:

broker_deathtrust_fund_distributionDivision_oversightORC_4735

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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