Law Offices of Smith & Jones
6741 Sunrise Boulevard Suite 202
Plantation, Florida 33322
Broward (954) 552-8844
Facsimile (954) 552-8842

July 12, 2006
FedEx Priority #5857

Nicole Andrus Specialty Claim Service, Inc.
2050 Art Museum Drive
Jacksonville, Fl. 32207

RE: Your insured: W.R Grace co.
Claimant: John Edward
Date of accident: 5/20/00
Our file No: 18712-000

 As you are aware, this firm has been retained to represent Mr. John J. Edwards with respect to a claim for personal injuries. He sustained out of negligence of the defendant which occurred on May 22, 2004.

 This letter will serve as a formal demand package for settlement with regard to the aforementioned client. To assist in fair evaluation of claims, I have enclosed important facts, liabilities, and damages, medical records, experts and bills.

Facts and Liability

 The operative facts of this incident indicate on the aforementioned date, our client Mr. John J. Edwards of Camden, New Jersey is an engineer who has worked for W.R. Grace Company for fifteen years as a machine operator. After five years of employment with the company, Mr. Edwards started exhibiting health problems he’s never experienced before, issues such as excessive sneezing, chest pain, heavy breathing, abdominal pains, dizzy spells, cold-like symptoms that wouldn’t go away. My client Mr. Edwards along with many others, have made several complaints to the administrative and nothing was done. Mr. Edwards is a forty year old non-smoker with no prior serious medical problems; he is father of three, a husband, and the main income provider in his home. Mr. Edwards’ physical shape was excellent (pictures enclosed). He enjoyed many sports such as scuba diving, hiking, and basketball. However because of his health problems he has not been able to enjoy them at all. Last year Mr. Edward went to his primary doctor physician complaining of chest pains, shortness of breath and overall fatigue. His doctor then referred him to a pulmonary specialist who ran tests and was later diagnosed with pleural mesothelioma.

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 VII: Fiduciaries

I appoint my spouse, Harold Carames, as Executor of this will. If he is unable or unwilling to act, or resigns, I appoint my brothers Dariel Jaime and Rodger Castillo, as successor co-executors. If either co-executor also predeceases me or is unable or unwilling to act, the survivor shall serve as executor. My executor shall have all the powers allowable to executors under the laws of this state. I direct that no bond or security of any kind shall be required of any executor.
 VIII: Simultaneous Death Clause
If my spouse and I shall die under such circumstances that the order of our deaths cannot be readily ascertained, my spouse shall be deemed to have predeceased me. No person, other than my spouse, shall be deemed to have survived me if such person dies within 30 days after my death. This article modifies all provisions of this will according to IX: Guardian .
If my husband does not survive me and I leave minor children surviving me, I appoint as guardian of the person and property of my minor children my brother Dariel Jaime. He shall have custody of my minor children, and shall serve without bond. If he does not qualify or for any reason ceases to serve as guardian, I appoint as successor guardian my brother Dariel Jaime.
I have signed this will this ____ day of ____, 20___ .
___________________
(legal signature)

SIGNED AND DECLARED by Yunia Castillo on______ to be her will, in our presence, who at her request, in her presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.
___________________
(signature)

Blair Witness

___________________

___________________
Address
___________________
(signature)

I. Witness

___________________

___________________
Address
Self-Proving Affidavit
STATE OF _____________
COUNTY OF _____________
Each of the undersigned, Blair Witness and I. Witness, both on oath, says that:
The attached will was signed by Yunia Castillo, the testator named in the will, on the ___ day of ___, 20__
When she signed the will, Yunia Castillo declared the instrument to be her last will.
Each of us then signed his or her name as a witness at the end of this will at the request of Yunia Castillo and in her presence and sight and in the presence and sight of each other.

Yunia Castillo was, at the time of executing this will, over the age of eighteen years and, in our opinions, of sound mind, memory and understanding and not under any restraint or in any respect incompetent to make a will.

In our opinions, Yunia Castillo could read write and speak in English and was suffering from no physical or mental impairment that would affect her capacity to make a valid will. The will was executed as a single original instrument, and was not executed in counterparts.

Each of us was acquainted with Yunia Castillo when the will was executed and makes this affidavit at her request.
___________________
(signature)

Blair Witness

___________________

___________________
Address
___________________
(signature)

I. Witness

___________________

___________________
Address

Sworn to before me this_______ day of _______, 20______.
___________________
(signature and official seal)
Notary Public

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 VI: Minors

If under this will any property shall be payable outright to a person who is a minor, my executors may, without court approval, pay all or part of such property to a parent or guardian of that minor, to a custodian under the Uniform Transfers to Minors act, or may defer payment of such property until the minor reaches the age of majority, as defined by his or her state of residence. No bond shall be required for such payments.

This clause helps avoid the sometimes time-consuming problems that occur if you and your spouse die together in an accident. Your spouse’s will should contain an identical clause; even though it seems contradictory to have two wills each directing that the other spouse died first, since each will is probated by itself, this allows the estate plan set up in each will to go forward as you planned. The second sentence exists to prevent the awkward legal complications that can ensue if someone dies between the time you die and the time the estate is divided up. Instead of passing through two probate processes, your gift to a beneficiary who dies shortly after you do would go to whomever you would have wanted it to go had the intended beneficiary died before you did. Most such gifts go into the residuary estate.

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IV: Residuary Clause

I give the rest of my estate (called my residuary estate) to my Wife, Jennifer Smith. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestor’s share per stripes.

One common mistake by people who use a living trust as well as a will is to make the beneficiary of the estate different from the people benefiting from the trust. The same problem exists when there are significant specific gifts and the residuary beneficiaries are different from the recipients of the specific gifts. In such cases those paying the taxes are not those who receive the most property, an arrangement that can unfairly saddle some beneficiaries with the whole tax bill, and at worst can even bankrupt the estate. The goal should be to see that the taxes are paid by those who benefit from gifts. Often, a provision apportioning taxes to taxable transfers is used to make sure that each recipient of a taxable gift pays his or her fair share. Additional language is sometimes used to apportion credits.

V: Taxes

I direct my executors, without apportionment against any beneficiary or other person, to pay all estate, inheritance and succession taxes (including any interest and penalties thereon) payable by reason of my death.
This clause gives your executors discretion to make sure any gift to a minor will be given in a way that’s appropriate to his or her age. The “no-bond” language is intended to save the estate money.

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 II: Money & Personal Property

I give all my tangible personal property and all policies and proceeds of insurance covering such property, to my wife, Jennifer Smith. If he does not survive me, I give that property to those of my children who survive me, in equal shares, to be divided among them by my executors in their absolute discretion after consultation with my children. My executors may pay out of my estate the expenses of delivering tangible personal property to beneficiaries.

Most people want their spouse to keep the family home. In some states, particularly community property states, it’s sometimes preferable to leave your residence to your spouse in a marital trust.

 III: Real Estate

I give all my residences, subject to any mortgages or encumbrances thereon, and all policies and proceeds of insurance covering such property, to my Wife, Jennifer Smith. If he does not survive me, I give that property to my brother Jeffrey Smith.

Usually, the residuary clause begins “I give all the rest, residue, and remainder of my estate….” because lawyers are afraid to change tried-and-true formulas, and for decades, legal documents never used one word when a half-dozen would do. However, this plain-English form will also work. This clause covers any property you own or are entitled to that somehow wasn’t covered by the preceding clauses.

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