EFTA00970663.pdf

From: Valeria Chomsky To: "Jeffrey E." <jeevacation®grnail.com> Subject: Fwd: Your thoughts Date: Sat, 28 Oct 2017 14:25:40 +0000 Noam insists in writing a letter to the children as Deborah proposed. We received an extremely kind invitation from Harry to join the three of them for Thanksgiving in his house and that the three of them will be very happy to have both of us there. Noam believes that Max is doing what he is doing by himself, because he has the obligation as a Trustee and Deborah corroborates that Max would be liable. But my understanding is that Max would be liable just inside the family due to a family agreement. Therefore the situation could be resolved in family. But I think is going to be very difficult and I have advised Noam from the very beginning to not accept any money from these trusts because it will mean problems for him. Forwarded message --------- From: jeffrey E. <[email protected]> Date: Sat, Oct 28, 2017 at 10:10 AM Subject: Re: Your thou hts To: Valeria Chomsky I think someone should talk directly to max. me . noam or deborah. this is silly, yes and will cost a fortune. for no reason. if noam gives me the ok, I will have someone talk directly to both max and deborah On Sat Oct 28 2017 at 10:02 AM, Valeria Chomsky wrote: > Did you read this below? > I am concerned that Deborah "strategies" are going to cost us a > fortune with little or no results. Forwarded message > From: Deborah Pechet Quinan > Date: Fri, Oct 27, 2017 at 4:56 PM > Subject: Fwd: trust > To: Noam Chomskv > Cc:" , Gene > Landy EFTA00970663 > Dear Noam, > You are waiting for me to provide guidance as to how you can regain > control 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 some time on this over the weekend, along with > reviewing the drafts of your estate planning documents. Once I have > sent the memo to you we can discuss your thoughts and we can then > respond to Max. Unfortunately this is a difficult situation, not > simple and straightforward, because of the terms of the trust 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 that would not inquire so diligently as to your personal > financial circumstances before making a principal distribution to you. > In this regard, please refer to my email of 10/17 where I summarize > the trustee removal, resignation and appointment provisions. The > trustees can both resign at any time. They appoint successors subject > to your approval. If they agree to resign you can find a new > independent trustee whom they can appoint. If not, you can remove them > but only with the approval of a majority of your children. Do you > 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. I can help you craft a letter to your daughters if you think > they 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 this interpretation (I need to review the trust again) then > Max alone has the power. However this would likely not change the > analysis that Max believes he needs to go through since he is > accountable to all beneficiaries. He believes 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 detail would satisfy > him; however, if my understanding is correct that you do not wish to > provide him with any backup for his distribution decision, then we > should evaluate the removal option and any other strategies I may be > able to come up with. > Unfortunately this is not a simple situation and I will do my best to > outline 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 > Sent from my iPhone. Please excuse brevity and typos. > Begin forwarded message: EFTA00970664 > 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 - > Pm afraid I cannot send the money you have requested without further > discussion with you and I also feel I cannot have such a discussion > with you without Deborah's knowledge and participation, as she is your > attorney. Please also note that any distributions from the trusts > would also 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 <M=Ella> > Date: 10/27/17 5:14 PM GMT+00:00 > 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 from the marital trust. To repeat, "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 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 worked hard for 70 years and put away a substantial sum of > money, I not only have 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 > detail for me the reasons behind the decision. > Thanks, EFTA00970665 > Noam Forwarded messa e ----- > From: Max Kohlenberg > Date: Wed, Oct 25, 2017 at 10:55 PM > 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 discussed my need (as trustee) to know something more > about the background for this request and your anticipated needs going > forward. Deborah got back to me and indicated that the call she and I > had tentatively scheduled was being cancelled. > If ou would like me to reschedule a call with Deborah, or a meeting, > be glad to do that. I'll be back on Tuesday. > My best, > Max > From: Noam Chomsky [math°. > Sent: Thursday, October 26, 2017 6:43 AM > 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 surely have the right to access it. Could you let me know > where this stands. > Noam EFTA00970666 > On Mon, Oct 16, 2017 at 9:55 PM, Max Kohlenberg wrote: > Thanks for the quick reply Noam. I will get back to you tomorrow. > 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 <a wrote: > Forgive me for asking Noam, but did you mean $500,000, or $50,000? > Thanks, EFTA00970667 > Max > 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 > for permitted use by authorized recipients. If you are not an EFTA00970668 > 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. 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 EFTA00970669