EFTA00982442.pdf

From: "jeffrey E." <[email protected]> To: Noam Chomsky Subject: Re: trust Date: Wed, 18 Oct 2017 10:15:30 +0000 Inline-Images: image001.gif it appears that max is concerned that he will get sued by the children. . thats the entire issue. On Wed, Oct 18, 2017 at 4:10 AM, Noam Chomsky < > wrote: Seems to me best to postpone the call until there is time to consider the matter further. I would like to see the documents concerning appointment of Trustees. Something seems to be missing about my resignation as Trustee and appointment of Harry in my place in 2014. Noam Noam On Tue, Oct 17, 2017 at 7:21 PM, Deborah Pechet Quinan c wrote: Hi Noam, Max is asking because he has a duty to balance your interests, with the interests of the children who are the remainder beneficiaries. This is a matter of general fiduciary law governing trustees, absent a provision in the trust that specifically permits a trustee to disregard the interests of the remainder beneficiaries. Such a provision does not appear in Carol's trust. Please see page 2, paragraph 5.1of the trust, attached. The trust is governed under Massachusetts law (see 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 who is the surviving spouse takes precedence over the remainder beneficiaries of a marital trust; or a case that provides some guidance, such as to what extent the other financial circumstances of the surviving spouse must be taken into account when a trustee considers making a discretionary principal distribution. Please let me know if you would like me to research these specific issues. This is generally the same issue we grappled with when you requested principal distributions for tax payments. At this juncture I think it 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 Valeria below and I attach all of the referenced documentation. EFTA00982442 Trustee Removal: You have the power under the trust instrument 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 is serving. See the trustee removal provisions on page 5 at paragraph 8.2(a). Trustee Resignations: Either or both of Max and Harry may resign as trustees voluntarily. See resignation provisions at page 5, paragraph 8.2(b). Trustee Appointments: If one trustee resigns, the other appoints a successor. If both resign at the same time, they appointment their successors together. You must approve the appointments of the successor trustees. If there are no remaining or resigning trustees you make 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 Carol's Trust: I have attached for your reference the following trust documents which document the trusteeship over the trust's term to date : 1. Carol's original trust dated 10/18/1989 in which you and she were co-trustees; 2. The First Amendment of Carol's trust dated 4/18/1991 by which she removed you as co-trustee and appointed Eric Menoyo as co-trustee to serve along with her. (Your acknowledgment of this removal is contained in this document); 3. The Second Amendment of Carol's trust dated 1/11/2007 by which she changed the provisions 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 ceased to serve as trustee, and she named Harry as a successor trustee to you in this document as well; 4. Your Declination to serve as successor trustee to Carol after her death, dated 1/22/2009; 5. Harry's Acceptance to serve as successor trustee to you after you declined to serve as trustee, dated 3/2/2009; and 6. Harry's Appointment of Max as successor trustee to Eric Menoyo after Eric Menoyo's death and your assent to that appointment, dated 5/20/2009. I hope the above information is helpful. Please let me know if you would like me to do the research mentioned in the first paragraph of this note above, and if you would like to consider pursuing a change of trustees. happy to discuss all of this with you and Valeria to clarify any questions you may have. Please also let me know if you would like me to speak with Max tomorrow or if you would like me to postpone the call. I look forward to hearing from you. EFTA00982443 All my best, Deborah Deborah Pechet Qulnan, Esq.M. Shareholder Chair, Trusts & Estates Group 255 State Street 7th Floor I Boston MA 02109 Direct: 617.570.3521 Cell: 617.832.5726 Assistant - Jayne Mahoney: 617.570.3581 Office: 617.742.4200 Fax: 617.742-2355 e-mail: BIO riwemaillogosm.gif From: Noam Chomsky [mailto: Sent: Tuesday, October 17, 2017 4:37 PM To: Deborah Pechet Quinan Cc: Gene Candy; Valeria Chomsky (♦ Subject: Re: trust I don't see what there is to discuss with Max, and I don't understand his letter. It reads as if he is responsible for administering the trusts to ensure my financial future. This is the first time I have heard anything like this, and I do not know what the basis might be for such a conception. I requested a distribution from the marital trust, my first such request, apart 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. Noam On Tue, Oct 17, 2017 at 3:33 PM, Deborah Pechet Quinan <a> wrote: Dear Max, I am available at 3:00 M. tomorrow afternoon, and would be happy to speak provided that Noam and Valeria give me permission to do so. EFTA00982444 Best, Deborah Deborah Pechet Qulnan, Esq. Shareholder Chair, Trusts & Estates Group 255 State Street 7th Floor I Boston MA 02109 Direct: 617.570.3521 Cell: 617.832.5726 Assistant - Jayne Mahoney: 617.570.3581 Office: 617.742.4200 Fax: 617.742-2355 e-mail: BI0 riwemaillogosm.gif From: Max Kohlenberg [mailto: J 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, like to review with you how I might gather information about Noam's financial circumstances and needs, so that I can evaluate this request in light of my concerns that (a) the trusts remain available for his support over the balance of his lifetime, and (b) distributions from the trust are dedicated to his needs. I am available tomorrow from 7am to 10am and again from 2pm to 4pm. Thanks, Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP EFTA00982445 One Financial Plaza —Suite 1600 Providence, Rhode Island 02903 Direct: 401.283.1239 Main: 401.283.1234 Fax: 401.283.1221 This email and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments thereto, is strictly prohibited. If you have received this email in error, please immediately notify me by return email and permanently delete the original and any copy of this message or attachment. Thank you. From: Deborah Pechet Quinan S[n la] Sent: Tuesday, October 17, 2017 2:53 PM To: Max Kohlenberg Cc: Gene Landy Subject: RE: trust Eli Max, Noam has not requested my input into this request. Thanks, Deborah Deborah Pechet (Whim Esq.IM. Shareholder Chair, Trusts & Estates Group 255 State Street 7th Floor I Boston MA 02109 Direct: 617.570.3521 Cell: 617.832.5726 EFTA00982446 Assistant - Jayne Mahoney: 617.570.3581 Office: 617.742.4200 I Fax: 617.742-2355 e-mail: riwemaillogosm.gif From: Max KoMenberg [mailto: Sent: Monday, October 16, 2017 9:56 PM To: Deborah Pechet Quinan Subject: Fwd: trust Deborah - I welcome your thoughts on this. Thanks. Max Sent from 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 back to you tomorrow. EFTA00982447 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 < > wrote: Forgive me for asking Noam, but did you mean $500,000, or $50,000? Thanks, Max Sent from my Verizon, Samsung Galaxy smartphone EFTA00982448 ----- 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 mists, 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 for permitted use by authorized recipients. If you are not an authorized recipient of this email, your retention, transmission, disclosure, or use of this email is prohibited. If you received 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 intended solely for permitted use by authorized recipients. If you are not an authorized recipient of this email, your retention, transmission, disclosure, or use of this email is prohibited. If you received 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 intended solely for permitted use by authorized recipients. If you are not an authorized recipient of this email, your retention, transmission, disclosure, or use of this email is prohibited. If you received this email in error, please notify the sender and delete this email and its attachments from your devices and systems. EFTA00982449  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], and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved EFTA00982450