Assignment 12A (Opinion Letter Assignment)

Law Offices of Tiana Rose

100 South Hill Street

Boca Raton, FL 33427

To: Legal Research and Writing II Students

From: Tiana Rose, Supervising Attorney

Re: Ms. Joyce Helger; Probate of copy of lost original will

We represent Ms. Helger in the probate of her husband's estate. Mr. Helger died four weeks ago after a sudden heart attack. Mrs. Helger has been unable to locate the original of Mr. Helger's will. She knows that he had prepared a will, and she has a conformed copy of the will executed December 1, 2001. She also has a copy of a codicil executed on May 6, 2006. She does not have the original of the codicil either. Mrs. Helger thought the law firm that prepared the will kept the original, but she was informed the firm could not locate the original. The senior partner at the firm told her that they do not keep the originals of wills or codicils.

I have already done research on this matter, and the case most on point isIn re Estate of Kuszmaul, 491 So. 2d 287 (Fla. Dist. Ct. App. 1986). (This case can be found in this Module). Please write Mrs. Helger an opinion letter letting her know the strengths and weaknesses of her situation based on the facts of this case. Let her know what key facts might help her and what key facts might hurt her. Please stress to her this may be a case of first impression and is by far not a "slam dunk" in either direction. However, do not go into too much detail. Rather, at the end, remind her of her next appointment with us on March 15, 2018 at 1:00 PM.

Her address is 301 Sunset Lane, Boca Raton, FL 33427. Remember this letter is for my signature, and I will edit your research before I sign and send it.

--Tiana Rose