EFTA02574655.pdf

From: Valeria Chomsky < Sent: Friday, October 271. 1.1 To: jeffrey E. Subject: Fwd: trust Could you please send this to Noam? V Forwarded message From: jeffr=y E. <[email protected] <mailto:[email protected]> Date: Fri, Oct 27, 2017 at 3:25 PM Subject: Re: trust To: Va=eria Chomsky max is worried that if he gives=you money that the children will sue him. I am suggesting that=the children sign a document that says they agree with the distribution an= will hold MAX harmless for making it. . On Fri, Oct 27, 2017 at 6:2= PM, Valeria Chomsky target=> wrote: Hi Jeffrey, We did not understand your suggestion by indemnifying. Best, Valeria Forwarded messa e From: Noam Chomsky < Date: Fri, Oct 27, 2017 at 6:19 PM Subject: Fwd: trust To: Valeria Chomsky Forwarded message From: jeffrey E. <[email protected] <mailto:[email protected]» Date: Fri, Oct 27, 2017 at 5:37 PM Subject: Re: trust To: Noam Chomsky yes, or they can indemnify max for making the distributions you request. . that is easier if max agrees. . I =ont know your relation to max , but merely asking him to resign and apppoint<=r> someone else is also an alternative EFTA_R1_01745671 EFTA02574655 On Fri, Oct 27, 2017 at 5:32 PM, Noam Chomsky > wrote: > Just received this. > My proposal would be to ask Deborah, as she suggests, to draft a lette= for me to send to the children -- all three of them, not just my daughter= -- asking them to agree with replacement of the two trustees, Max and Har=y, so that I can then pick new trustees. That should clear the air.<=r» > What do you think? Forwarded message > From: Deborah Pechet Quinan > Date: Fri, Oct 27, 2017 at 4:56 > Subject: Fwd: trust > To: Noam Chomsky < > Cc: " <mailt > Dear Noam, > You are waiting for me to provide guidance as to how you can regain co=trol of the trust funds. My plan is to prepare a memo for you outlin=ng your options in light of the trust terms. I anticipate being able=to spend some time on this over the weekend, along with reviewing the draf=s of your estate planning documents. Once I have sent the memo to yo= we can discuss your thoughts and we can then respond to Max. Unfortunatel= this is a difficult situation, not simple and straightforward, because of=the terms of the trust and fiduciary law applicable to trusts. Pleas= see my email of 10/17 for an explanation of some of the issues. > In some situations a trust is drafted so that you would have the right=to remove and replace the trustee, and in doing so perhaps find a trustee =hat would not inquire so diligently as to your personal financial circumst=nces before making a principal distribution to you. In this regard, =lease refer to my email of 10/17 where I summarize the trustee removal, re=ignation and appointment provisions. The trustees can both resign at any t=me. They appoint successors subject to your approval. If they agree to res=gn you can find a new independent trustee whom they can appoint. If not, y=u can remove them but only with the approval of a majority of your childre=. Do you think your daughters would agree to remove Max and Harry? If so y=u could then appoint a successor. You would need to find an independent tr=stee. I can help you craft a letter to your daughters if you think t=ey might agree to do this. > My one additional thought right now that I need to review more closely=is that Harry, not being the independent trustee, should not have a say in=the distribution decision. If there is nothing in the trust to contradict =his interpretation (I need to review the trust again) then Max alone has t=e power. However this would likely not change the analysis that Max believ=s he needs to go through since he is accountable to all beneficiaries..=A0 He believes he needs some level of financial information from you but i= my view that does not need to be detailed. I can discuss with him w=at level of detail would satisfy him; however, if my understanding is corr=ct that you do not wish to provide him with any backup for his distributio= decision, then we should evaluate the removal option and any other strate=ies I may be able to come up with. > Unfortunately this is not a simple situation and I will do my best to =utline some additional options for you. In the meantime please let me know=your thoughts regarding the above. I am available for a call as well= at your convenience. > Best, > Deborah 2 EFTA_R1_01745672 EFTA02574656 > Sent from my iPhone. Please excuse brevity and typos. > Begin forwarded message: > From: Max Kohlenberg > Date: October 27, 2017 at 1:21:50 PM EDT > To: Noam Chomsky > Cc: "Deborah Pechet Quinan, Esq. > Subject: Re: trust > Hello Noam - •> I'm afraid I cannot send the money you have requested without furt=er discussion with you and I also feel I cannot have such a discussion wit= you without Deborah's knowledge and participation, as she is your att=rney. Please also note that any distributions from the trusts would =lso involve Harry, who is the co-trustee of the trusts. > As you will see, I have again copied Deborah on my reply. I will=be glad to follow up with a meeting or a call when I return, next week. > Thanks, > Max > Sent from my Verizon, Samsung Galaxy smartphone Original message > From: Noam Chomsky < > Date: 10/27/17 5:14 P • > To: Max Kohlenberg > Subject: Fwd: trust > There seems to be some confusion. I was responding to your lette= of Oct. 16, in which you said you would be getting back to me the next da=. That was the last time we were in touch. Since I didn't =ear from you, I wrote again, last night. > My letter to you explained the reasons for my request for a distributi=n from the marital trust. To repeat, "I would like to get on wi=h my life and work without delay. I've worked hard for 70 years,=put away a substantial sum of money. I surely have the right to acce=s it." > I don't see what further explanation is necessary, or why it is ne=essary to bring Deborah into this. I could add that as I approach 90= having worked hard for 70 years and put away a substantial sum of money, = not only have the right to some peace and tranquillity to go on with my l=fe and work, but also to do so without facing an inquisition. > If you are unable to transfer the money this week , could you please d=tail for me the reasons behind the decision. > Thanks, > Noam 3 EFTA_R1_01745673 EFTA02574657 • Forwarded message > From: Max Kohlenberg > Date: Wed, Oct 25, 201/111.1 > Subject: RE: trust > To: Noam Chomsky > Cc: Deborah Pechet Quinan > Good morning (from Scotland) Noam — > When we were last in touch on this I replied with a cc to Deborah.=A0 (who I have copied again here) and I understood that you, she and Valer=a had discussed my need (as trustee) to know something more about the back=round for this request and your anticipated needs going forward. Deb=rah got back to me and indicated that the call she and I had tentatively s=heduled was being cancelled. > If you would like me to reschedule a call with Deborah, or a meeting, ='d be glad to do that. I'll be back on Tuesday. > My best, > Max > From: Noam Chomsk > Sent: Thursday, October zo, zui / p:gj MM > To: Max Kohlenberg > Subject: Re: trust > I didn't hear from you about this, and would like to what is happe=ing in this matter. I would like to get on with my life and work wit=out delay. I've worked hard for 70 years, put away a substantial=sum of money. I surely have the right to access it. Could you =et me know where this stands. > Noam > On Mon Oct 16, 2017 at 9:55 PM Max Kohlenberg =rote: > Thanks for the quick reply Noam. I will get back to you tomorrow= 4 EFTA_R1_01745674 EFTA02574658 > Max > Sent from my Verizon, Samsung Galaxy smartphone Original message > From: Noam Chomsky < > Date: 10/16/17 9:14 PM (GMT-05:00) > To: Max Kohlenberg > Subject: Re: trust > I meant $500,000. > Noam > On Mon, Oct 16, 2017 at 9:00 PM, Max Kohlenberg <[email protected] <mailto: > =rote: > Forgive me for asking Noam, but did you mean $500,000, or $50,000? > Thanks, > Max 5 EFTA_R1_01745675 EFTA02574659 > Sent from my Verizon, Samsung Galaxy smartphone > Original message > From: Noam Chomsky > Date: 10/16/17 6:44 PM (GMT-05:00) > To: Max Kohlenberg < > Subject: trust > Dear Max, > I would like to ask for a distribution from one of the marital trusts,for $500,000, to deal with current expenses of mine. > Thanks for your consideration > Noam > NOTICE: This email with its attachments, if any, is intended solely fo= permitted use by authorized recipients. If you are not an authorized reci=ient of this email, your retention, transmission, disclosure, or use of th=s email is prohibited. If 6 EFTA_R1_01745676 EFTA02574660 you received this email in error, please notify =he sender and delete this email and its attachments from your devices and =ystems. please note The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected] <[email protected]> , and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved 40=ACI please note The information=contained in this communication is confidential, may be attorney-client=privileged, may constitute inside information, and is intended only for=br>the use of the addressee. It is the property of JEE Unauthorized =se, disclosure or copying of this communication or any part thereof is =trictly prohibited and may be unlawful. If you have received this co=munication in error, please notify us immediately by return e-mail or b= e-mail to [email protected] <mailto:[email protected]> , and destroy this communication and all copies the=eof, including all attachments. copyright -all rights reserved Valeria Chomsky 7 EFTA_R1_01745677 EFTA02574661