EFTA02579795.pdf

From: Noam Chomsky Sent: Wednesday, October 18, 2017 2:11 AM To: Deborah Pechet Quinan Cc: Gene Landy; Subject: Re: trust Seems to me best to postpone the call until there is =ime to consider the matter further. I would l=ke to see the documents concerning appointment of Trustees. Somethin= seems to be missing about my resignation as Trustee and appointment of Ha=ry in my place in 2014. Noam </=iv> </=iv> </=iv> Noam =div class="gmail_quote">On Tue, Oct 17, 2017 at 7:21 PM, Deborah Pechet =uinan <mailton > wrote: Hi Noam, Max is asking because he =as a duty to balance your interests, with the interests of the children wh= are the remainder beneficiaries. This is a matter of general fiduciary law governing trustees, absent a provision in the trust =hat specifically permits a trustee to disregard the interests of the remai=der beneficiaries. Such a provision does not appear in Carol4,=99s trust. Please see page 2, paragraph 5.1 of the trust, attached. The trust is governed under Massachusetts law (=ee page 14 paragraph 13.6 of the trust) and it is possible that I may find=case law to support the proposition that the interest of the beneficiary w=o is the surviving spouse takes precedence over the remainder beneficiaries of a marital trust; or a case that provid=s some guidance, such as to what extent the other financial circumstances =f the surviving spouse must be taken into account when a trustee considers=making a discretionary EFTA_R1_01754730 EFTA02579795 principal distribution. Please let me know if you would like me to research th=se specific issues. This is generally the same issue we grappled wit= when you requested principal distributions for tax payments. At this juncture I think =t is a good idea to review to review the trustee appointment, removal, and=resignation provisions of Carol's trust, and the history of the trusteeships. I summarize these provisions for you and Valeri= below and I attach all of the referenced documentation. Trustee Removal=/u>: You have the power under the trust i=strument to remove Max provided that you are joined in the removal by a majority of=your children, and provided that after the removal an independent trustee =s serving. See the trustee removal provisions on page 5 at paragraph=8.2(a). Trustee Resignationsq=pan>: Either or both of Max and Harry may r=sign as trustees voluntarily. See resignation provisions at page 5, parag=aph 8.2(b). Trustee Appointments</=pan>: If one trustee resigns, the oth=r appoints a successor. If both resign at the same time, they appointment their=successors together. You must approve the appointments of the succes=or trustees. If there are no remaining or resigning trustees you mak= the appointment. A minimum of two trustees are required under the terms of the trust. See appointment provisions at=page 5, paragraphs 8.1(b)-(d). Trustee History of Car=l's Trust: I have atta=hed for your reference the following trust documents which document the trusteeship over the trus='s term to date : 1. Carol's orig=nal trust dated 10/18/1989 in which you and she were co-trustees; 2. The First Amendment =f Carol's trust dated 4/18/1991 by which she removed you as co-tru=tee and appointed Eric Menoyo as co-trustee to serve along with her. (Your acknowledgment of this removal is contained in this docume=t); 3. The Second Amendment=of Carol's trust dated 1/11/2007 by which she changed the provisio=s for the children after your death and also named you as a successor trustee to her upon her death or at any other time she c=ased to serve as trustee, and she named Harry as a successor trustee to yo= in this document as well; 4. Your Declination to =erve as successor trustee to Carol after her death, dated 1/22/2009; 5. Harry's Acce=tance to serve as successor trustee to you after you declined to serve as =rustee, dated 3/2/2009; and 6. Harry's Appo=ntment of Max as successor trustee to Eric Menoyo after Eric Menoyo4,=99s death and your assent to that appointment, dated 5/20/2009.<=u> 2 EFTA_R1_01754731 EFTA02579796  I hope the above informat=on is helpful. Please let me know if you would like me to do the res=arch mentioned in the first paragraph of this note above, and if you would like to consider pursuing a change of trustees. IQ=99m happy to discuss all of this with you and Valeria to clarify any quest=ons you may have. Please also let me know if you would like me to sp=ak with Max tomorrow or if you would like me to postpone the call. I look forward to hearing=from you. All my best, Deborah =C240 Deborah Pechet Quinan, Esq. LL.M. Shareholder Assist Office: e-mail:[email protected] <maiIto = www.riw.com <http://www.riw.co=/> I BIO chttp://www.riw.c=m attorney/deborah-pechet-quinan/> N=a mailto: Cc: Gene Land Subject: Re: trust I don't see what there is to discuss with Max, a=d I don't understand his letter. It reads as if he is responsibl= for administering the trusts to ensure my financial future. This is the f=rst time I have heard anything like this, and I do not know what the basis might be for such a conception.=/p> I requested a distribution from the marital trust, my first such request, a=art from a request for a withdrawal to cover taxes, which was not accepted=without conditions that I found totally inappropriate. I don't see what more is involved.=/p> Noam On Tue, Oct 17, 2017 at 3:33 PM, Deborah Pechet Quin=n > w=ote: Dear Max, 3 EFTA_R1_01754732 EFTA02579797  </=> I am available at 3:00 p.=. tomorrow afternoon, and would be happy to speak provided that Noam and Valeria give me permission to do so. </=> Best, Deborah<=u> </=> =C2. Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group<=pan style="font-size:10.5pt;font-family:"Calibri","sans-s=rif";color:black"> <https://maps.google.com/?q=255+State+Street,+7th+Floor%C2V0A0%7=%C2V0A0Boston,+MA+02109&entry=g mail&source=g> I <=a> Boston, MA 02109 <https://maps.google.com=?q=2SS+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=3Dgmail& source=g> Direct: =C201=C24Kell: </=pan> Assist Office =pan style="font-size:11.0ptfont-family:"Calibri","sans- s=rif".color:#1f497d"> <= an style="font-size:11.0ptfont-family:"Calibri","sans-s=rif";colorfilf497d"> Fax■ <=pan style="font-size:11.0ptfont-family:"Calibri","sans-s=rif";color:Rlf497d"> e-mail:=C24,[email protected] <mailto:[email protected]> = www.riw.com <http://www.riw.co=/> I BID <http://www.riw.c=m/attorney/deborah-pechet-quinan/> From: Max Kohl=nberg Imailto:com <mailto:[email protected]> I Sent: Tuesday, October 17, 2017 3:24 PM To: Deborah Pechet Quinan Cc: Gene landy Subject: RE: trust Would you have time for a=call to discuss this tomorrow Deborah? In particular, I'd li=e to review with you how I might gather information about Noam's financial cir=umstances and needs, so that I can evaluate this request in light of my co=cerns that (a) the trusts remain available for his support over the balanc= of his lifetime, and (b) distributions from the trust are dedicated to his needs. </=> I am available tomorrow f=om 7am to 10am and again from 2pm to 4pm. </=> 4 EFTA_R1_01754733 EFTA02579798  Thanks,<=u> </=> Max<=p> </=> </=> A. Max Kohlenberg<=> Howland Evangelista Kohle=berg Burnett, LLP One Financial Plaza 4p=80, Suite 1600 Providence, Rhode Island =2903 Direct: Main: Fax: www.hekblaw.com <http://www.hek=law.com/> </=> </=> This email and any attachrents thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. =f you are not the intended recipient of this email, you are hereby notifie= that any dissemination, distribution or copying of this email, and any at=achments thereto, is strictly prohibited. If you have received this email in error, please immediately notify me by =eturn email and permanently delete the original and any copy of this messa=e or attachment. Thank you. From: Deborah =echet Quinan imailto Sent: Tuesday, October 17, 2017 2:53 PM To: Max Kohlenberg Cc: Gene Landy Subject: RE: trust 5 EFTA_R1_01754734 EFTA02579799  Hi Max,<=u> </=> Noam has not requested my=input into this request. </=> Thanks,<=u> 0eborah<=u> =C240 Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group<=pan style="font-size:10.5ptfont-family:"Calibrin,"sans-s=rif";color:black"> <https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7=%C2V0A0Boston,+MA+02109&entry=g mail&source=g> I <=a> Boston, MA 02109 <https://maps.google.com=?q=255+State+Street,+7th+Floor%C2V0A0%7C%C2V0A0Boston,+MA+02109&entry=3Dgmail& source=g> Direct: 617.570.3521 <tel:(617)%20570-3521> =C24>I=C241Cell: 617.832.5726 <tel:(617)%20832.5726> </=pan> Assistant - Ja ne Mahone Office: c=pan style="font-size:11.0pt;font-family:"Calibri","sans- s=rif";col style="font-size:11.0ptfont-family:"Calibri","sans-s=rif";color:#1f497d") Fax: 617.742- 2355 <tel• tfont-family:"Calibri","sans-s=rir;color:#1f497d"> e-mail:=C241 = www.riw.com <http://www.riw.co=/> I BIO chttp://www.riw.c=m/attorney/deborah-pechet-quinank </=> From: Max Kohl=nberg ([email protected] <mailto:[email protected]> ) Sent: Monday, October 16, 2017 9:56 PM To: Deborah Pechet Quinan Subject: Fwd: trust Deborah - I welcome your thoughts on this. Thanks, 6 EFTA_R1_01754735 EFTA02579800 Max Sent =rom my Verizon, Samsung Galaxy smartphone Original message From: Max Kohlenberg Date: 10/16/17 9:55 PM (GMT-05:00) To: Noam Chomsky Subject: Re: trust Thanks for the quick reply Noam. I will get ba=k to you tomorrow. Max Sent =rom my Verizon, Samsung Galaxy smartphone Original message From: Noam Chomsky Date: 10/16/17 9:14 PM (GMT-05:00) To: Max Kohlenberg 7 EFTA_R1_01754736 EFTA02579801  Subject: Re: trust I meant $500,000. Noam On Mon, Oct 16 2017 at 9:00 PM Max Kohlenberg <=a href="mailto target="_blank" wrote: Forgive me for asking Noam, but did you mean $500,00=, or $50,000? Thanks, Max Sent =rom my Verizon, Samsung Galaxy smartphone Original message From: Noam Chomsk Date: 10/16/17 6:44 PM (GMT-05:00) To: Max Kohlenberg Subject: trust Dear Max,<=u> 8 EFTA_R1_01754737 EFTA02579802  =U> I would like to ask =or a distribution from one of the marital trusts, for $500,000, to deal wi=h current expenses of mine. =u> Thanks for your cons=deration =u> Noam =u> =U> NOTICE: This email with its attachments, if any, is =ntended solely for permitted use by authorized recipients. If you are not =n authorized recipient of this email, your retention, transmission, disclosure, or use of this email is prohibited. If you recei=ed this email in error, please notify the sender and delete this email and=its attachments from your devices and systems. NOTICE: This email with its attachments, if any, is =ntended solely for permitted use by authorized recipients. If you are not =n authorized recipient of this email, your retention, transmission, disclo=ure, or use of this email is prohibited. If you received this email in error, please notify the sender and delete t=is email and its attachments from your devices and systems. NOTICE: This email with its attachments, if any, is intended solely for per=itted use by authorized recipients. If you are not an authorized recipient=of this email, your retention, transmission, disclosure, or use of this em=il is prohibited. If you received this email in error, please notify the sender and delete this email and it= attachments from your devices and systems. 9 EFTA_R1_01754738 EFTA02579803