EFTA02573494.pdf

From: Valeria Chomsky < Sent: Thursday, November , : To: Jeffrey E. Subject: Fwd: trust for the letter Noam has requested to Deborah or for the accounting: nothing= Do you understand what is going on? Forwarded messa e From: Noam Chomsky Date: Sun, Oct 29, 2017 at 5:03 PM Subject: Re: trust To: Deborah Pechet Quinan < Cc: Valeria Chomsky That sounds right to us. Noam On Sun, Oct 29, 2017 at 1:00 PM, Deborah Pechet Quinan wrote: > Dear Noam, > I will do so. Do you want me to hold off regarding the memo I was plannin= to prepare for you, pending the discussion with your children? The memo m=y not be necessary yet. > Best, > Deborah > Sent from my iPhone. Please excuse brevity and typos. > On Oct 29, 2017, at 2:20 PM, Noam Chomsky > wrote: > Thanks for the informative letter. I would appreciate it if you could cr=ft a letter, as you suggest, which I will use to contact all three childre=. > Thanks > Noam • Forwarded message > From: Deborah Pechet Quinan > Date: Fri, Oct 27, 2017 at 4:56 PM > Subject: Fwd: trust > To: Noam Chomsky > Cc: ene Candy EFTA_R1_01743535 EFTA02573494 > Dear Noam, > You are waiting for me to provide guidance as to how you can regain contr=l of the trust funds. My plan is to prepare a memo for you outlining your=options in light of the trust terms. I anticipate being able to spend som= time on this over the weekend, along with reviewing the drafts of your es=ate planning documents. Once I have sent the memo to you we can discuss y=ur thoughts and we can then respond to Max. Unfortunately this is a diffic=lt situation, not simple and straightforward, because of the terms of the =rust and fiduciary law applicable to trusts. Please 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 tha= would not inquire so diligently as to your personal financial circumstanc=s before making a principal distribution to you. In this regard, please r=fer to my email of 10/17 where I summarize the trustee removal, resignatio= and appointment provisions. The trustees can both resign at any time. The= appoint successors subject to your approval. If they agree to resign you =an find a new independent trustee whom they can appoint. If not, you can r=move them but only with the approval of a majority of your children. Do yo= think your daughters would agree to remove Max and Harry? If so you could=then appoint a successor. You would need to find an independent trustee. = can help you craft a letter to your daughters if you think they might agr=e 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 th= distribution decision. If there is nothing in the trust to contradict thi= interpretation (I need to review the trust again) then Max alone has the =ower. However this would likely not change the analysis that Max believes =e needs to go through since he is accountable to all beneficiaries. He be=ieves he needs some level of financial information from you but in my view=that does not need to be detailed. I can discuss with him what level of d=tail would satisfy him; however, if my understanding is correct that you d= not wish to provide him with any backup for his distribution decision, th=n we should evaluate the removal option and any other strategies I may be =ble to come up with. > Unfortunately this is not a simple situation and I will do my best to out=ine some additional options for you. In the meantime please let me know yo=r thoughts regarding the above. I am available for a call as well, at you= convenience. > Best, > Deborah > 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 further dis=ussion with you and I also feel I cannot have such a discussion with you w=thout Deborah's knowledge and participation, as she is your attorney. Ple=se also note that any distributions from the trusts would also involve Har=y, 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. 2 EFTA_R1_01743536 EFTA02573495 > Thanks, > Max > Sent from my Verizon, Samsung Galaxy smartphone Original message > From: Noam Chomsky > Date: 10/27/17 5:14 > To: Max Kohlenberg > Subject: Fwd: trust > There seems to be some confusion. I was responding to your letter of Oct= 16, in which you said you would be getting back to me the next day. That=was the last time we were in touch. Since I didn't hear from you, I wrote=again, last night. > My letter to you explained the reasons for my request for a distribution =rom the marital trust. To repeat, "I would like to get on with my life an= work without delay. I've worked hard for 70 years, put away a substantia= sum of money. I surely have the right to access it." > I don't see what further explanation is necessary, or why it is necessary=to bring Deborah into this. I could add that as I approach 90, having wor=ed hard for 70 years and put away a substantial sum of money, I not only h=ve the right to some peace and tranquillity to go on with my life and work= but also to do so without facing an inquisition. > If you are unable to transfer the money this week , could you please deta=l for me the reasons behind the decision. > Thanks, > Noam • Forwarded message > From: Max Kohlenberg < > Date: Wed, Oct 25, 2017 > 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 (who I=have copied again here) and I understood that you, she and Valeria had dis=ussed my need (as trustee) to know something more about the background for=this request and your anticipated needs going forward. Deborah got back t= me and indicated that the call she and I had tentatively scheduled was be=ng cancelled. 3 EFTA_R1_01743537 EFTA02573496 > If you would like me to reschedule a call with Deborah, or a meeting, I=E2404kd be glad to do that. I'll be back on Tuesday. > My best, > Max > From: Noam Chomsky (m > Sent: Thursday, October , > To: Max Kohlenberg > Subject: Re: trust > I didn't hear from you about this, and would like to what is happening in=this matter. I would like to get on with my life and work without delay. =I've worked hard for 70 years, put away a substantial sum of money. I sur=ly have the right to access it. Could you let me know where this stands. > Noam > On Mon, Oct 16, 2017 at 9:55 PM, Max Kohlenberg c > Thanks for the quick reply Noam. I will get back to you tomorrow. > Max > Sent from my Verizon, Samsung Galaxy smartphone Original message 4 EFTA_R1_01743538 EFTA02573497 > 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 < rote: > Forgive me for asking Noam, but did you mean $500,000, or $50,000? > Thanks, > Max > Sent from my Verizon, Samsung Galaxy smartphone Original message > From: Noam Chomsky <[email protected]> > Date: 10/16/17 6:44 PM (GMT-05:00) > To: Max Kohlenberg 5 EFTA_R1_01743539 EFTA02573498 > Subject: trust > Dear Max, > I would like to ask for a distribution from one of the marital trusts, fo= $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 for p=rmitted use by authorized recipients. If you are not an authorized recipie=t of this email, your retention, transmission, disclosure, or use of this =mail is prohibited. If you received this email in error, please notify the=sender and delete this email and its attachments from your devices and sys=ems. > NOTICE: This email with its attachments, if any, is intended solely for p=rmitted use by authorized recipients. If you are not an authorized recipie=t of this email, your retention, transmission, disclosure, or use of this =mail is prohibited. If you received this email in error, please notify the=sender and delete this email and its attachments from your devices and sys=ems. <?xml version=.0" encoding=TF-8"?> <!DOCTYPE plist PUBLIC "-//Apple//DTD PLIST 1.0//EN" "http://www.apple.com/DTDs/PropertyList-1.0.dtd"> <plist version=.0"> <dict> <key>conversation-id</key> <integer>27093</integer> <key>date-last-viewed</key> <integer>0</integer> <key>date-received</key> <integer>1509636658</integer> <key>flags</key> <integer>8590195717</integer> <key>gmail-label-ids</key> 6 EFTA_R1_01743540 EFTA02573499  <array> <integer>6</integer> <integer>2</integer> </array> <key>remote-id</key> <string>764508</string> </dict> </plist> 7 EFTA_R1_01743541 EFTA02573500