134 2024 ADV 288912

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2024 ADV 288912—Kenneth Kader vs. Kelly Hoban Duerk, Executrix of the Estate of Nancy Jean Kader, Deceased, et al.
Unknown Executors, Administrators, Custodians, Assigns, or Guardians or Heirs at Law, Next of Kin, Devisees and Legatees of any Heirs at Law, Next of Kin, Devisees and Legatees of Nancy Jean Kader, Deceased, the address of each being unknown, will take notice that on May 10, 2024, the undersigned, Kenneth Kader, filed a complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that he is the son and heir of Nancy Jean Kader, Deceased; that on or about September 21, 2022, Nancy Jean Kader died as a resident of the City of Parma, County of Cuyahoga, State of Ohio; that Nancy Jean Kader, deceased, left a document upon her death which is purported to be her Last Will and Testament; that the document entitled Last Will and Testament of Nancy Jean Kader, not dated (hereafter "the Will") was admitted to Cuyahoga County Probate Court on the 24th day of April, 2024; that Defendant Hoban-Duerk was appointed as Executrix of the Estate and presently is acting in that capacity; that the Will is not the Last Will and Testament of the decedent because Nancy Jean Kader executed such document while suffering from dementia and confusion and lacked testamentary capacity to execute such document; and that the Will is not the Last Will and Testament of the decedent because said document was not freely or voluntarily executed by decedent, and the execution of such instrument was procured as a result of the undue influence by the Defendant Kelly Hoban Duerk.
Plaintiff demands judgment as follows:
1. The purported Last Will and Testament of Nancy Jean Kader, deceased, be decreed invalid and set aside;
2. That Kelly Hoban Duerk be removed as Executrix of the Estate of Nancy Jean Kader;
3. That Kelly Hoban Duerk be removed as sole Beneficiary of the Estate of Nancy Jean Kader; and
4. All costs of the within proceeding be assessed to the Defendant.
The defendants named above are required to answer on or before the 27th day of December, 2024.
Kenneth Kader.
By John J. Wargo, Jr., Attorney for Plaintiff.
Oct25Nov1-8-15-22-29, 2024

Class

134

First Run

10/25/2024

Second Run

11/01/2024

Third Run

11/08/2024

Fourth Run

11/15/2024

Fifth Run

11/22/2024

Sixth Run

11/29/2024

Case #

2024 ADV 288912

Plaintiff

Kenneth Kader

Defendant

Kelly Hoban Duerk, Executrix of the Estate of Nancy Jean Kader, Deceased