To: [Your Name]
From: John F. Cheatham
Re: Mrs. Honor Blackman: Probate of Copy of Lost Original Will
We represent Mrs. Honor Blackman in the probate of her husband’s estate. Mr. Blackman died four weeks ago after a sudden heart attack. Mrs. Blackman has been unable to locate the original of Mr. Blackman’s will. She knows that he had prepared a will, and she has a conformed copy of the will executed December 1, 2010. She also has a conformed copy of a codicil executed on May 6, 2016. She does not have the original of the codicil. Mrs. Blackman thought the firm that prepared the will kept the original, but she was informed that the firm could not locate the originals. The senior partner in the firm told her that they do not keep the originals of wills or codicils.
Please prepare an office memo for Mr. Cheatham assessing the likelihood of the probate court granting a petition for the administration of the conformed copy of the will and codicil.
The rule governing this question is case law rather than statutory law. See In re Estate of Parson, 416 So. 2d 513, 515 (Fla. Dist. Ct. App. 1982); and In re Estate of Kuszmaul, 491 So. 2d 287 (Fla. Dist. Ct. App. 1986).
[There is no need to conduct additional research. You can complete this assignment with everything I have given you here. If any additional facts are needed, note this in the recommendation section at the end of your memo.]
