131 2024 ADV 286494

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2024 ADV 286494—Robert M. Lustig, Executor of the Estate of Carol N. Nemcik aka Carol Nemcik vs. Unknown Successor in Interest of The Diabetes Association of Greater Cleveland, et al.
Unknown Successor in Interest of The Diabetes Association of Greater Cleveland, whose last known address and current address are unknown, will take notice that on February 8, 2024, the undersigned, Robert M. Lustig, Executor of the Estate of Carol N. Nemcik aka Carol Nemcik, filed a complaint in the Probate Court, 1 Lakeside Avenue, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that Carol N. Nemcik, aka Carol Nemcik, died testate, a resident of Cuyahoga County, State of Ohio, on July 22, 2023; that the Will of Carol N. Nemcik was admitted to Probate on August 25, 2023; that on August 28, 2023, Plaintiff was, by the Probate Court of Cuyahoga County, Ohio, duly appointed and qualified as Executor of the Estate of Carol N. Nemcik, deceased. Letters of Authority were issued under Cuyahoga County Probate Court Case No. 2023 EST 282416; that Item II of Carol N. Nemcik's Will itemizes 11 specific charitable bequests, each in the amount of $2,000; that one of those specific charitable bequests was made to "The Diabetes Association of Greater Cleveland in memory of my beloved mother, Elsie K. Nemcik"; that upon information and belief, The Diabetes Association of Greater Cleveland became The Diabetes Partnership of Cleveland in or around 2011; that at that time, its offices were located at 3601 Green Road, Beachwood, Ohio; that counsel for Plaintiff attempted to send notice of the Probate of the Will to the address on Green Road, but those mailings were returned as unable to forward; that consultation with the Office of the Ohio Secretary of State revealed that the "Diabetes Partnership of Cleveland" reported a status of "Dead" as of May 5, 2022; and that counsel for Plaintiff also communicated with the American Diabetes Association in an effort to locate any possible successor to the Diabetes Partnership of Cleveland; however, the American Diabetes Association was unable to identify any such successor.
Plaintiff demands that this Court determine what is to become of the $2,000 specific bequest to "The Diabetes Association of Greater Cleveland".
The defendants named above are required to answer on or before the 1st day of May, 2024.
Robert M. Lustig, Executor of the Estate of Carol N. Nemcik aka Carol Nemcik.
By Susan M. Evans, Attorney for Plaintiff.
Feb28Mar6-13-20-27Apr3, 2024

Class

131

First Run

02/28/2024

Second Run

03/06/2024

Third Run

03/13/2024

Fourth Run

03/20/2024

Fifth Run

03/27/2024

Sixth Run

04/03/2024

Case #

2024 ADV 286494

Plaintiff

Robert M. Lustig, Executor of the Estate of Carol N. Nemcik aka Carol Nemcik

Defendant

Unknown Successor in Interest of The Diabetes Association of Greater Cleveland, et al.