EFTA00715455.pdf

From: Noam Chomsky To: "jeffrey E." <jeevacation@gmail.com>, Valeria Chomsky < Subject: Re: trust Date: Fri, 20 Oct 2017 04:23:43 +0000 Inline-Images: image001.gif Movers just finished today, which is why Valeria was so busy, supervising all of it and taking care of other matters, like arranging sale of apartment. More of that tomorrow. Should leave on Saturday, with luck. And it'll take a week or more for everything to arrive. Then massive unpacking job, mainly with books, not just from home but from several rooms at MIT that I'd picked up over the years. On Fri, Oct 20, 2017 at 12:16 AM, jeffrey E. <jeevacation@gmail.com> wrote: no problem. when do you leave cambridge? On Fri, Oct 20, 2017 at 6:13 AM, Noam Chomsky wrote: Right now I'd like to wait a few days for a response from him. I've never made any remotely similar request before, and he presumably wants a little time to deal with it. If I don't hear soon, I'll proceed as you suggest, first asking him whether he can proceed as I requested, and then following your suggestion here. On Fri, Oct 20, 2017 at 12:09 AM, jeffrey E. <jeevacation@gmail.com> wrote: the issues that deborah raise regarding the balancing act between you and the children ( beneficialries). only comes into play when the trustee ( max ) is fearful of a lawsuit. otherwise he can simply ask the children if its ok with them. I think you can feel free to ask max , directly. . why is it taking so long. ? are you worried about the children bringing a claim. if so , why dont you ask them. ? also ask when the accounting will be ready. ? On Fri, Oct 20, 2017 at 6:03 AM, Noam Chomsky wrote: No idea what he is talking about. He has raised any such possibility to me, haven't heard any hint from anywhere else. Would have to ask him On Thu, Oct 19, 2017 at 10:31 PM, jeffrey E. <jeevacation@gmail.com> wrote: It seems odd that max is concerned that the children will sue him On Fri, Oct 20, 2017 at 4:29 AM Jeffrey E. leevacation®gmail.com> wrote: Ask Deborah for an update On Fri, Oct 20, 2017 at 4:28 AM Noam Chomsky < . wrote: 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 next few days -- that she can barely think about it. My immediate feeling, before consultation with her, is that we should delay this option until we see the outcome of the request for the distribution of the trust. Noam On Thu, Oct 19, 2017 at 11:46 AM, jeffrey E. leeNS@gmail.com> wrote: it seems if both the trustees resign, you can appoint two people you trust. On Wed, Oct 18, 2017 at 9:27 PM, Noam Chomsky < . wrote: Thanks for the information. Could you please let me know what steps I should take to regain control of the trust. EFTA00715455 Thanks, Noam Forwarded message From: Deborah Pechet Quinan Date: Tue, Oct 17. 2017 at 7:21 PM Subject: RE: trust To: Noam Chomsk Cc: Gene Landy Hi Noam, , "Valeria Chomsky ( 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 5.1 of 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. 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 EFTA00715456 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. I'm 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. All my best, Deborah Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group 255 State Street 7th Floor I Boston MA 02109 EFTA00715457 ;L'http://www.riw.com/ riwemaillogosm.gif From: Noam Chomsky [mailto: Sent: Tuesday, October 17, 20 . To: Deborah Pechet Quinan Cc: Gene Tandy; 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 The, Oct 17, 2017 at 3:33 PM, Deborah Pechet Quinan wrote: Dear Max, I am available at 3:00 p.m. tomorrow afternoon, and would be happy to speak provided that Noam and Valeria give me permission to do so. Best, Deborah EFTA00715458 Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group 255 State Street 7th Floor I Boston MA 02109 http://ww.v.riw.com/ riwemaillogosm.gif From: Max Kohlenberg 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, I'd 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 EFTA00715459 One Financial Plaza — Suite 1600 Providence, Rhode Island 02903 www.hekblaw.com 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 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 request. Thanks, Deborah Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group 255 State Street 7th Floor I Boston MA 02109 EFTA00715460 a .;http://www.riw.com/ riwemaillogosm.gif From: Max Kohlenberg 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 EFTA00715461 Subject: Re: trust 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 < Forgive me for asking Noam, but did you mean $500,000, or $50,000? Thanks, Max > wrote: EFTA00715462 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 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. EFTA00715463 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. 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 jeevacation®gmail.com, and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved 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 jeevacation®gmail.com, and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved 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 jeevacation@gmail.com, and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved EFTA00715464 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 jeevacation@gmail.com, and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved 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 jeeia@gmail.com, and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved EFTA00715465