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Legal Notice2025 ADV 299325—Joseph Soucek, et al. vs. Richard A. Vance, Executor of the Estate of Elizabeth Herrmann, et al.John Zagrodnichek, whose last known place of residence is 100 Country Club Circle, Sanford, FL 32771, otherwise whose place of residence is unknown, will take notice that on July 2, 2025, the undersigned, Joseph Soucek, Gail Van Allen, Michael Herrmann, Christine Ferrell, William Zagrodnichek, and Donald Bryant, Power of Attorney for Lynn Bryant, filed a complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that Elizabeth Herrmann (hereinafter "Decedent" or "Elizabeth") was a resident of Cuyahoga County, Ohio at the time of her death, occurring on February 9, 2025; that Decedent was married to Eugene Herrmann; that Defendant Richard A. Vance (hereinafter "Vance") is a nephew of the Decedent who upon information and belief, became a fiduciary over both Decedent and Eugene; that Vance was appointed executor of the Estate of the Decedent on March 21, 2025, in Case # 2025 EST 296547; that Plaintiffs had and maintained a close personal and loving relationship with Decedent and Eugene during their lives and are all named beneficiaries under the will of Decedent dated March 18, 1998 (the "1998 Will") and are therefore persons entitled to inherit as beneficiaries under the 1998 Will and have standing to pursue this matter; that as the health of Decedent and Eugene declined, Vance began overseeing Decedent and Eugene's financial matters, personal visits, medical appointments, and day-to-day activities; that Eugene passed away on February 21, 2024; that shortly after Eugene's death, on or about April 24, 2024, Decedent was moved from her home to Vista Springs Assisted Living Facility; that while living at Vista Springs in the summer and fall of 2024, Decedent suffered two falls where she hit her head and required extended hospitalization at Cleveland Metro Hospital. After Elizabeth's falls in the summer and fall of 2024, Plaintiffs noticed a swift and significant decline in her cognitive health; that on October 15, 2024, Elizabeth purportedly signed a will (the "2024 Will") wherein Vance was named as sole beneficiary and presumably his children Bailey C. Wells, Robin E. Dodson, and Riley E. Vance, as beneficiaries in the event Richard Vance predeceased Elizabeth; that Decedent executed the 2024 Will at a time where she lacked capacity due to the continued decline in her cognitive and physical health and was subject to undue influence exerted by Vance who was simultaneously overseeing the transfer of Eugene's assets to Decedent knowing Decedent's health was rapidly failing; that Decedent lacked mental capacity to execute the purported October 15, 2024, will of Decedent; and that the document dated October 15, 2024, is not the last will and testament of Decedent on the grounds of undue influence, lack of capacity, and for other reasons as may be demonstrated during the proceedings, including the trial of this matter.
Plaintiffs pray that Decedent's will dated October 15, 2024, be declared invalid and that the order admitting said Will to probate be set aside; further for attorney fees and other such relief as the Court may deem proper.
The defendant named above is required to answer on or before the 29th day of June, 2026.
Joseph Soucek, Gail Van Allen, Michael Herrmann, Christine Ferrell, William Zagrodnichek, and Donald Bryant, Power of Attorney for Lynn Bryant.
By Adam M. Fried, Shane A. Lawson, and Adrienne B. Kirshner, Attorneys for Plaintiff. Apr25May2-9-16-23-30, 2026
Class
134
First Run
04/25/2026
Second Run
05/02/2026
Third Run
05/09/2026
Fourth Run
05/16/2026
Fifth Run
05/23/2026
Sixth Run
05/30/2026
Case #
2025 ADV 299325
Plaintiff
Joseph Soucek, et al.
Defendant
Richard A. Vance, Executor of the Estate of Elizabeth Herrmann, et al.
