We are going to use the following hypothetical for Modules 15, 16, and 17, as we develop an Office Legal Memorandum.
The memorandum will be no more than 7 pages in length and must include relevant statutes, case law and you may include any secondary sources you wish.
Note: You can any available resources (including NexisUni) to conduct your research.
Our clients are Bob Miller and Sue Aldrich, are identical twin brother and sister. Their mother, Sarah Blanchette, lived in Wausau, Wi. Sarah and their father (Robinette Miller) divorced in 1995, when Bob and Sue were 10 years old. Robinette passed away in 1999, just two days prior to the Millennium. Sarah subsequently married her “second” husband, Nicholas Blanchette, in 2010. In July, 2020, Sarah passed way, due to complications with an infectious disease resulting in pneumonia. She was hospitalized for 10 days prior to her passing.
Bob and Sue never approved of the marriage, not because their mother remarried (“Hey, it’s the 21st Century, parents remarry every day. We wanted Mom to be happy.” Sue said), but because they did not like “Nick” and felt he was not “good enough” for their mother. In particular, they witnessed Nick being verbally abusive to Sarah, yelling and being condescending towards her. Although Bob lived in Merrill, Wi. and Sue lived in Lublin, Wi., they did not visit their mother very often, primarily due to her husband’s abusive nature. During Sarah’s illness, they were frequently in touch with her, but were not allowed to visit her due to the contagious nature of her illness.
Sarah passed away intestate. Nick is claiming the entire estate of Sarah. Sarah owned a house in Wausau (value $185,0000), a car worth $22,000, several stocks worth $200,000 and also had a life insurance policy with Nick named as beneficiary.
Bob and Sue have come to out office to determine what, if anything, they should be entitled to in the estate.
Writing Assignment 15:
Draft a document, 1-2 pages in length, addressing the following.
Do an analysis of the hypothetical, starting with the Facts. Make a chart, using the steps described in Chapter 9 (in the Cengage Textbook) of the “key facts” in the case, reprinted here.
Here are the steps to locate Key Facts
The Chart should focus on those facts in the hypothetical that you feel are most important.
Second, begin conducting the legal research that you will need as you develop your Office Legal Memorandum. Create a Research Plan, based on the key facts, of what you need to research. This will likely include Wisconsin statutes, Wisconsin (and, possibly out of state) cases and available secondary sources.
As you begin your research, draft a list of the various resources you uncover.
Finally, draft an Outline (using the format in the text) for your eventual Office Legal Memorandum. Remember, the Outline will be used as the “structure” for the Office Legal Memorandum.
Your paper should contain 1) the chart of the facts of the hypothetical, 2) the Research Plan, 3) the list of the resources you uncover and 4) the Outline. Please note, it might be easier for you to submit this as two separate files, the first containing items 1-3 and the second containing Item 4.