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Legal Notice2024 ADV 287909—Jacqueline Gilbert, Tina Faykus, and Neil Hurley vs. Heather Neal, Individually, and as the named Executor of the Estate of Gene E. Hurley, Deceased.Heather Neal, whose last known address is 3198 W. 71st St., Cleveland, OH 44102, otherwise whose address is unknown, will take notice that on April 1, 2024, the undersigned, Jacqueline Gilbert, Tina Faykus, and Neil Hurley, filed a complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that Gene E. Hurley died on January 3, 2022; Plaintiffs are Gene E. Hurley's natural children and only next-of-kin, and would be entitled to inherit under the statutes of descent and distribution had the Decedent died intestate; that in or about 2016, shortly after the death of Decedent's wife, Decedent met Defendant Heather Neal, who was significantly younger than Decedent, and the two began a relationship; that in or before September of 2021, the Decedent was diagnosed with dementia; that on October 26, 2021, Defendant Heather Neal is believed to have transported the Decedent to the office of Russo, Rosaline & Co., LPA; that on October 26, 2021, the Decedent allegedly executed a Will prepared by Attorney Joseph Rosalina; that a document purporting to be the Will of the Decedent, bearing the date October 26, 2021 ("the 2021 Will"), has been deposited with this Court in case number 2023WIL283860; that Defendant Heather Neal is named as the sole beneficiary and Executor under the 2021 Will; that on October 26, 2021, the date he allegedly executed the 2021 Will, the Decedent lacked testamentary capacity and was susceptible to undue influence on account of his deteriorating mental condition; that Defendant Heather Neal, exerted influence over the Decedent to procure his execution of the 2021 Will; and that the 2021 Will is therefore invalid because it is the product of undue influence.
The Plaintiffs pray for judgment in their favor and against Defendants on all of their claims as follows:
(1) that the Court enter a judgment that the document purporting to be the Will of the Decedent, dated October 26, 2021, which has been deposited with this Court, is not the Last Will and Testament of the Decedent; and
(2) that the Court enter a judgment that the Defendant Heather Neal violated Ohio Revised Code 2107.10 (A), and The property devised or bequeathed to that beneficiary shall pass as if the beneficiary had predeceased the testator; and
(3) that the Court enter a judgement finding that the Decedent died intestate; and
(4) that the Court award the Plaintiffs their reasonable attorney's fees, court costs and expenses, and all such other and further relief as is just and proper.
The defendant named above is required to answer on or before the 11th day of June, 2024.
Jacqueline Gilbert, Tina Faykus, and Neil Hurley.
By Jeffrey A. McEndree II, Attorney for Plaintiff. Hanna Rasnick Evanchan Palmisano Hobson Fox, LLC, 275 Springside Drive, Ste. 200, Fairlawn, OH 44333; (330) 253-2227.Apr9-16-23-30May7-14, 2024
Class
134
First Run
04/09/2024
Second Run
04/16/2024
Third Run
04/23/2024
Fourth Run
04/30/2024
Fifth Run
05/07/2024
Sixth Run
05/14/2024
Case #
2024 ADV 287909
Plaintiff
Jacqueline Gilbert, et al.
Defendant
Heather Neal, etc.
