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

Assignment 12B (Demand Letter Assignment)

Law Firm of Wilson and Bricks

100 North Independence Street

Boston, Massachusetts 02111

To: Legal Research and Writing II Students

From: Christina Bricks, Supervising Attorney

Re: Espinosa v. Capital Insurance

We represent Emilio Espinosa. On May 2ndof this year, Mr. Espinosa purchased a home from First City Bank. On that same date he purchased homeowner insurance from Capital Insurance Company. The Bank had foreclosed on the home March 15, forty-eight day prior to Mr. Espinosa's purchase. Mr. Espinosa did not plan to move into the home until July 1st. On June 5, thirty-four days after Mr. Espinosa purchased the home and signed the homeowner insurance contract with Capital Insurance, copper thieves broke into the home, tore into the walls and ceiling, and stole the copper water pipes. There was extensive damage to the walls and ceiling and water damage to the carpet. The estimated cost of repairs were $19,000. The house was vacant from March 15, the date of the foreclosure until the date of the damage; a period of eighty-two days. Paragraph 20 of the insurance contract Mr. Espinosa signed with Capital Insurance excludes from coverage loss caused by "theft or attempted theft, damage by burglars,...if the described location is held as a residence and has not been occupied as a residence for more than 60 consecutive days immediately before the loss." Capital Insurance is denying coverage based upon this section of the contract. I have already done research on this matter, and the case most on point isPappas Enterprises, Inc. v. Commerce & Industry Insurance Co.,42 Mass. 80, 661 N.E.2d 953 (1996). (This case can be found in this Module.) With language from the case to back you up, write a letter to Capital Insurance Company, located at 50 Sea Drive, Boston, Massachusetts 02111, demanding they pay Mr. Espinosa the full $19,000. Give them thirty days to do so, and if not, we will take legal action on his behalf. Remember this letter is for my signature, and I will edit your research before I sign and send it.

-- Christina Bricks