Daily Legal News - Probate Court Notices : 2021 ADV 258714 David W. Toetz, Executor of the Estate of Lydia L. Davis

  • LEGAL NOTICE

    2021 ADV 258714—David W. Toetz, Executor of the Estate of Lydia L. Davis vs. Unknown Heirs of Lydia L. Davis, et al.

    Unknown Heirs of Lydia L. Davis, who last resided at 6379 South Canterbury Road, Parma, Ohio 44129, will take notice that on March 18, 2021 the undersigned, David W. Toetz, Executor of the Estate of Lydia L. Davis, filed his complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that David W. Toetz, Executor of the Estate of Lydia L. Davis hereby seeks a declaratory judgment as to the proper distribution of the proceeds of the sale of the house and lot owned by Lydia L. Davis at 6379 South Canterbury Road, Parma, Ohio 44129; that the reason for this declaratory judgment is that the decedent, Lydia L. Davis, is the sole owner of the above-described real property but has a transfer on death clause that should she die the interest in the real property would go to Katherine Sue Davis; that Lydia L. Davis filed the transfer on death deed on December 19, 2002; that in February 2013 Lydia L. Davis came to the law office of David W. Toetz for the purpose of preparing a new last will and testament; that Ms. Davis stated that she had no family members left and wanted her estate to go to some charities and certain individuals; that Lydia L. Davis did not however remove the name of Katherine Sue Davis from the transfer on death designation.

    Further, Lydia L. Davis, just prior to her death, had Attorney David W. Toetz prepare another last will and testament naming the two named defendants as the beneficiaries of her estate.

    It appears that Katherine Sue Davis predeceased Lydia L. Davis but the Executor cannot sell the real estate through the estate due to title issues that will be problematic unless resolved by this Court.

    Wherefore, Plaintiff seeks this Court's guidance in determining that the beneficiary designation contained on the transfer of death designation is void and that the real property can be included in the inventory for the estate of Lydia L. Davis.

    The defendants named above are required to answer on or before the 28th day of June, 2021.

    David W. Toetz, Executor of the Estate of Lydia L. Davis

    By David W. Toetz, Attorney for Plaintiff.

    Apr24May1-8-15-22-29, 2021

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