Wills Trusts & Estates keyed to Dukeminier
In re Kaufman
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In about 1949, Kaufman met Walter Weiss at age 39. Weiss did not have any significant material assets at the time. A year later Kaufman hired Weiss as his financial consultant. About the same time, Kaufman moved in with Weiss. Kaufman remodeled the top floor of his apartment building into an office for Walter. Weiss completed most of the domestic duties of the household, answered the mail and telephone, and paid the bills. Weiss took charge of both of Kaufman’s bank accounts and investments as if they belonged to both of them. The two lived together until 1959 when Kaufman died unexpectedly. Robert executed a will before he died leaving substantially all of his property to Weiss. He also included a letter to his family stating his appreciation for having Weiss in his life, hoping that his family would be happy for him. At Kaufman’s death, his brother sought to have his will set aside on grounds of undue influence after suspecting that Kaufman had a homosexual relatio nship with Weiss. The trial court found that Weiss made false accusations against Kaufman’s brother and caused Kaufman to believe that his family was resentful of his drive for independence.
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