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Although David lived in Culver City, California, he visited
Earl and Bonnie approximately once a month. Bonnie and Earl gave
David a room in their house and access to their cars and boats.
He would often take Earl, who could not leave the house without
assistance, to gamble and see shows in casinos.
Harvey Kotler, David's brother, also developed a close
relationship with Earl and Bonnie. He was a certified public
accountant who lived in Culver City, California. He visited Earl
and Bonnie approximately six times a year.
I. Earl's Will
Bonnie valued David's knowledge of accounting and financial
matters, and in 1981 she asked him to prepare tax returns for her
and Earl. David agreed and prepared individual income tax
returns for Bonnie and Earl from 1981 through 1989. Bonnie gave
David access to all of her records, which she maintained in
filing cabinets in her garage.
In early 1984, Bonnie asked her attorney, Lake Trout, to
draft a will for Earl. On July 4, 1984, after two meetings with
Lake, Earl executed the will. The will provided that Bonnie
would serve as the executrix of Earl's estate. It further
provided for legacies to David and Harvey as follows:
SEVENTH: In honor of their long and loyal comfort
and support to me and my family, I hereby give $150,000
each to DAVID KOTLER and HARVEY KOTLER; provided that
if my wife/executor/primary beneficiary, BONNIE J.
HARDEN, determines that immediate payment of such gifts
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