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Legal Notices: Miscellaneous Notices 2015MSC00317
- LEGAL NOTICE
In the Montgomery County Court of Common Pleas, Probate Division, 41 N Perry St., Dayton, OH 45422, 937-225-4640
Case No. 2015MSC00317
Lisa Denlinger, Individually and as Administrator WWA of the Estate of Eugene Buchelt, Plaintiff
Randy Fischbach, et al., Defendants
The name and address of additional heirs at law of Eugene Buchelt are unknown.
Plaintiff Lisa Denlinger is the duly appointed, qualified and acting Administrator WWA of the Estate of Eugene Buchelt, having been appointed by the Probate Court of Montgomery County, Ohio in Case No. 2015EST01521, and is the second cousin of Eugene Buchelt, deceased (the "Decedent"). Defendant Randy Fischbach is a second cousin of the Decedent. Defendant Kimberly Taylor is also a second cousin of the Decedent. Defendant John Doe is an unknown heir at law, however Plaintiff believes that no lineal descendants of the Decedent's maternal grandparents are surviving.
The Decedent died testate on June 14, 2015, domiciled in Kettering, Montgomery County, Ohio, unmarried and with no children. The Decedent's Last Will and Testament states that the entire residue of the Estate is to pass to Marie Buchelt. Marie Buchelt predeceased the Decedent. The Decedent's Last Will and Testament then states the entire residuary of the Estate shall pass to Erika Fischbach, identified in Decedent's Last Will and Testament as Erika Fischback. Erika Fischbach predeceased the Decedent on December 2, 2009.
The Complaint filed by Plaintiff sets forth two counts for relief. First, the Plaintiff is seeking a declaratory judgment from the Montgomery County Probate Court to declaring that Plaintiff Lisa Denlinger, Defendant Kimberly Taylor and Defendant Randy Fischbach are entitled to inherit the entire residuary of Decedent's Estate, per stirpes, as the only surviving descendants of Erika Fischbach.
In the alternative, the Plaintiff raised a count for determination of heirship pursuant to R.C. 2123.02. This second count requests that the Court make a judicial determination of the heirs of Eugene Buchelt pursuant to the laws of descent and distribution in the State of Ohio so that the Plaintiff may distribute the Estate. The Plaintiff's Complaint states that there is no surviving spouse, children, parents, grandparents or siblings of the Decedent surviving, either in whole or half blood, and therefore the named Plaintiff and Defendants are the identified heirs at law living at the time of the Decedent's death.
Any additional heirs at law of the Decedent, Eugene Buchelt, desiring to appear in this action and make a claim that he or she is an heir of the Decedent has twenty-eight (28) days from the last date of publication of this notice, that will be published once a week for six (6) consecutive weeks, with the last date of publication on the 20th day of November, 2015, to file an answer.
10-16, 10-23, 10-30, 11-06, 11-13, 11-20-2015 6Fri
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