EFTA02581907.pdf

From: Noam Chomsky Sent: Friday, October 20, 2017 2:28 AM To: jeffrey E.; Valeria Chomsky Subject: Re: trust Good idea, and will talk it over with Valeria -- who's=now so involved in all of the aspects of the Big Move -- today and the nex= few days -- that she can barely think about it. My immediate feelin=, before consultation with her, is that we should delay this option until =e see the outcome of the request for the distribution of the trust. Noam On Thu, Oct 19, 2017 at 11:46 AM, jeffrey E. =lt;jeevacation@=mail.com <mailto:[email protected]» wrote: it seems if both the trustees resign, you can appoint two pe=ple you trust. On Wed, Oct 18, 2017 at 9:27 PM, Noam Choms=y wrote: Thanks for the information. Could you ple=se let me know what steps I should take to regain control of the trust. Thanks, Date: Tue, Oct 17, 2017 at 7:21 PM Subjec=: RE: trust To: Noam Chomsk Cc: Gene Land Hi Noam, Max is asking because he has a duty to balan=e 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 =hat specifically permits a trustee to disregard the interests of the remai=der beneficiaries. Such a provision does not appear in Carol4k=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_01758677 EFTA02581907 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 it is a good idea t= review to review the trustee appointment, removal, and resignation provis=ons 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: =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 =s serving. See the trustee removal provisions on page 5 at paragraph=8.2(a). Trustee Resignations: =ither or both of Max and Harry may resign as trustees voluntarily. See resignation provisions at page 5, parag=aph 8.2(b). Trustee Appointments: =C240If 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 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 Carol's Trust<=span>: I have attached for your reference the following trust documents which document the trusteeship over the trus='s term to date : 1.=C24> Carol's original trust dated 10=18/1989 in which you and she were co-trustees; 2.=C24 The First Amendment of Carol's =rust dated 4/18/1991 by which she removed you as co- trustee and appointed =ric Menoyo as co-trustee to serve along with her. (Your acknowledgment of this removal is contained in this docume=t); 3.=C24, 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 c=ased to serve as trustee, and she named Harry as a successor trustee to yo= in this document as well; 4.=C2. Your Declination to serve as successor =rustee to Carol after her death, dated 1/22/2009; 5.=C24, Harry's Acceptance to serve as =uccessor trustee to you after you declined to serve as trustee, dated 3/2/=009; and 6.=C2* Harry's Appointment of Max as s=ccessor trustee to Eric Menoyo after Eric Menoyo's death and your =ssent to that appointment, dated 5/20/2009. 2 EFTA_R1_01758678 EFTA02581908  I hope the above information is helpful...A0 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. I4>=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 Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group 255 State Street,=7th Floor <https://maps.google.com/?q=255+State+Street,+7th+Floor%CrY0A0%7=%C2%A0Boston,+MA+02109&entry=gmail&sou rce=g> <https://maps.google.com/?q=3D255+State+Street,+7th+Floor%CrY0A0%7C%CricA0Boston,+MA+02109&entry=g=ail&s ource=g> Boston, MA 02109 <https://maps.google.com/?q=2=5+State+Street,+7th+Floor%C2%A0%7C%C2V0A0Boston,+MA+02109&entry=gmail=am p;source=g> Direct: Assist Office: e-mail. From: Noam Chomsk Sent: Tuesday, October 17, 2017 4:37 PM To: Deborah Pechet Quinan Cc: Gene Landy; Valeria Chomsky 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. 3 EFTA_R1_01758679 EFTA02581909  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, I am available at 3:00 p.m. tomorrow afterno=n, and would be happy to speak provided that Noam and Valeria give me permission to do so. Best, Deborah Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group <https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7=%C2%A0Boston,+MA+02109&entry=g mail&source=g> <https://maps.google.comllq=255=State+Street,+7th+Floor%C2c4A0%7C+%3Chttps://maps.google.com/?q%3D255%2B Sta=e%2BStreet,%2B7th%2BFloor%2SC2%2SA0%257C%2SC2%25A0Boston,%2BMA%21502109%26e=try%3Dgmail%26so urce%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Chttps://maps.googl=.com/?q%3D255%2BState%2BStreet,%2B7th% 2BFloor%2SC2%25A094,257C%25C2%25A0Bost=n,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&entry=gm ail&sour=e=g> I chttps://maps.google.com/?q=3D255+State+Street,+7th+Floor%C2V0A0,67C%C2%A0Boston,+MA+02109&entry=g=ail&s ource=g> <https://maps=google.com/?q=255+State+Street,+7th+Floor%C2%A0%7C+%3Chttps://maps.googl=.com/?q%3D255%2 BState%2BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Bost=n,%2BMA%2B02109%26entry%3Dgmail%26s ource%3Dg%3E%C2%A0Boston,%0D+MA+02109+%=Chttps://maps.google.com/?q%3D255%2BState%2BStreet,%2B7th %2BFloor%25C2%25A=%257C%25C2%25A0Boston,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&en=ry=g mail&source=g> Boston, MA 02109 <https://maps.google.com/?q=3D255+State+Street,+7th+Floor%C2%A0%7C%C2V0A0Boston,+MA+02109&entry=g=ail&s ource=g> Direct: <https://maps.google.com/?q=255+State+S=reet,+7th+Floor%C2%/40%7C+%3Chttps://maps.google.com/?q%3D255%2B State%2BStr=et,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,%2BMA%2B02109%26entry%3Dg=ail%26sou rce%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Chttps://maps.google.com/?q=3D255%2BState%2BStreet,%2B7th%2 4 EFTA_R1_01758680 EFTA02581910 BFloor%2502%25A0%257C%25C2%25AOBoston 26entry%3Dgmail%26source%3Dg%3E&entry=gmail &source=g> Cell: Assist Office =pan style="font-size:11pt;font-family:Calibri,sans- seriecolor:rgb(31,73=125)"> Fax: =pan style=nfont-size:11ptfont- family:Calibri,sans-seritcolor:rgb(31,73=125)"> e-mail: [email protected] <mailto:dpq@=iw.com> www.riw.com From: Max Kohlenberg [mailto 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 th=s tomorrow Deborah? In particular, I'd like 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 from 7am to 10am and=again from 2pm to 4pm. Thanks, Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP<=span> One Financial Plaza — Suite 1600 Providence, Rhode Island 02903=u> Direct: Main: 5 EFTA_R1_01758681 EFTA02581911  Fax: www.hekblaw.com <http://www.hekblaw.com/> This email and any attachments thereto are i=tended 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 "return email and permanently delete the original and any copy of this messa=e or attachment. Thank you. From: Deborah Pechet Quinan Sent: Tuesday, October 17, 2017 2:53 PM To: Max Kohlenberg Cc: Gene Landy Subject: RE: trust Hi Max, Noam has not requested my input into this reruest. Thanks, Deborah Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group <https://maps.google.com/?q=255+State+Street,+7th+Floor%CrAA0%7=%C2%A08oston,+MA+02109&entry=g mail&source=g> chttps://maps.google.com/?q=255=State+Street,+7th+Floor%C2V0A0%7C+%3Chttps://maps.google.com/?q%3D255%2B Sta=e%28Street,%287th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,%2BMA%2802109%26e=try%3Dgmail%26so urce%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Chttps://maps.googl=.com/?q%3D255%28State%28Street,%2B7th% 6 EFTA_R1_01758682 EFTA02581912 2BFloor%25C2%25ACP/6257C%25C2%25A0Bost=n,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&entry=gm ail&sour=e=g> <https://maps.google.comllq=3D255+State+Street,+7th+Floor%C2%A0%7C%C21%A0Boston,+MA+02109&entry=g=ail&s ource=g> <https://maps=google.com/?q=255+State+Street,+7th+Floor%C2%A0%7C+%3Chttps://maps.googl=.com/?q%30255%2 BState%2BStreet,%2B7th%2BFloor'%25C2%25A0%257C%25C2%25A0Bost=n,%2BMA%2B02109%26entry%3Dgmail%26s ource%3Dg%3E%C2%A0Boston,%0D+MA+02109+%=Chttps://maps.google.com/?q%3D255%2BState%2BStreet,%2B7th %2BFloor%25C2%25A=%257C/025C2%25A0Boston,%2BMA%2B02109,626entry%3Dgmail%26source%3Dg%3E&en=ry=g mail&source=g> Boston, MA 02109 <https://maps.google.com/?q=3D255+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=g=ail&s ource=g> Direct: </=pan> Assistant - Jayne Mahoney: Office: =pan style="font-size:11ptfont-family:Calibri,sans- serif;color:rgb(31,73=1 <https://maps.google.com/?q=255+St=te+Street,+7th+Floor%C2V0A0%7C+%3Chttps://maps.google.com/?q%3D255%2B State%=BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,%2BMA%2B02109%26entr=%3Dgmail%26so urce%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Chttps://maps.google.c=m/?q%3D255%2BState%2BStreet,%2B7th% 2BFloor%25C2%25A0%257C%25C2%25A0Boston,=2BMA%2802109%26entry%3Dgmail%26source%3Dg%3E&entry=gma il&source=3Dg> Fax: 617.742-2355 <tel:(617)%20742-2355> <=pan style="font-size:11ptfont-family:Calibri,sans- seriecolor:rgb(31,73=125)"> e-mail: www.riw.com From: Max Kohlenberg Sent: Monday, October 16, 2017 9:56 PM To: Deborah Pechet Quinan Subject: Fwd: trust Deborah=- I welco=e your thoughts on this. Thanks,=/span> Max 7 EFTA_R1_01758683 EFTA02581913 S=nt 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 ba=k to you tomorrow. Max S=nt 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. 8 EFTA_R1_01758684 EFTA02581914  Noam On Mon, Oct 16, 2017 at 9:00 PM, Max Kohlenberg <=8 href="mailto target="_blank"> rote: Forgive me for asking Noam, but did you mean $500,00=, or $50,000? Thanks, Max S=nt 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,<=u> =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. 9 EFTA_R1_01758685 EFTA02581915  =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. 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