EFTA02352463.pdf

From: Noam Chomsky < Sent: Sunday, October 29, 2017 9:02 PM To: Jeffrey E.; Valeria Chomsky Subject: Re: trust Will take it step-by-step. And will see ho= things work out. Now getting settled in Tucson. Or to =e more accurate, Valeria is open boxes and putting things in order. = volunteer now and then but she says I just get in the way. Any chan=e of a visit? Noam =/div> On Sun, Oct 29, 2017 at 11:20 AM, jeffrey E. jeevacation=gmail.com <mailto:jeevacation@gmail.com» wrote: it is simple if the children agree. it is disturbing a=d problematic if they dont On Sun, Oct 29, 2017 at 2:17 PM,=Noam Chomsky < <mailto wrote: > > Thanks for the informative letter.=C2* I would appreciate it if you could craft a letter, as you suggest, w=ich I will use to contact all three children. </=iv> Thanks Noam Forwarded message From: Deborah Pechet Quinan < Dat=: Fri, Oct 27, 2017 at 4:56 PM Subject: Fwd: trust To: Noam Chomsky =lt;nchomsky3@gmai=.com <mailto > > Cc: "valeria.chomsky@gmail.com <mailto:valeria.chomsky@gmail.com> " <valeria.chomsky@gmail.com <mailto:va=eria.chomsky@gmail.com»=, Gene Landy <gkl@riw.=om <mailto:gkl@riw.com» EFTA_R1_01331909 EFTA02352463 Dear Noam, You are waiting for me to provide guidance as to how you can regain co=trol of the trust funds. My plan is to prepare a memo for you outlin=ng 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. O=ce I have sent the memo to you we can discuss your thoughts and we can the= respond to Max. Unfortunately this is a difficult situation, not simple a=d straightforward, because of the terms of the trust and fiduciary law applicable to trusts. Please see my e=ail 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 =hat would not inquire so diligently as to your personal financial circumst=nces before making a principal distribution to you. In this regard, please refer to my email of 10/=7 where I summarize the trustee removal, resignation and appointment provi=ions. The trustees can both resign at any time. They appoint successors su=ject 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 =hildren. Do you think your daughters would agree to remove Max and Harry? 4 so you could then appoint a successor. You would need to find an independent trustee. I can help you craft = letter to your daughters if you think they might agree to do this. adiv> 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 =his interpretation (I need to review the trust again) then Max alone has the power. However this would likely n=t 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 wh=t level of detail would satisfy him; however, if my understanding is corre=t 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.t>=A0 Unfortunately this is not a simple situation and I will do my best to =utline 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 excu=e brevity and typos. Begin forwarded message: From: Max Kohlenberg < <mailto:MKohlenberg@hekblaw.=om» Date: October 27, 2017 at 1:21:50 PM EDT To: Noam Chomsky < <mailto Cc: "Deborah Pechet Quinan, Esq." < <mailto:dq=riw.com» Subject: Re: trust Hello Noam - 2 EFTA_R1_01331910 EFTA02352464 I'm afraid I cannot send the money you have requested without furt=er discussion with you and I also feel I cannot have such a discussion wit= you without Deborah's knowledge and participation, as she is your att=rney. Please also note that any distributions from the trusts would also involve Harry, who is the co-trustee of the tru=ts. 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 Verizo=, Samsung Galaxy smartphone Original message From: Noam Chomsky < Date: 10/27/17 5:14 PM (GMT+00:00) To: Max Kohlenberg < Subject: Fwd: trust <mailto <mailto > > > > There seems to be some confusion. I was responding to your lette= of Oct. 16, in which you said you would be getting back to me the next da=. That was the last time we were in touch. Since I didn't =ear from you, I wrote again, last night. My letter to you explained the reasons for my request for a distributi=n from the marital trust. To repeat, "I would like to get on wi=h 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 ne=essary 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, = not only have the right to some peace and tranquillity to go on with my life and work, but also to do so without fac=ng an inquisition. behind the decision. If you are unable to transfer the money this week , could you please detail=for me the reasons Thanks, Noam Forwarded message From: Max Kohlenberg &I=j Date: Wed, Oct 25, 2017 at 10:55 PM Subject: RE: trust <mailto 3 EFTA_R1_01331911 EFTA02352465 To: Noam Chomsky < <mailto > > Cc: Deborah Pechet Quinan <mailtol > > Good morning (from S=otland) Noam — =/span> When we were last in=touch on this I replied with a cc to Deborah (who I have copied agai= here) and I understood that you, she and Valeria had discussed my need (as trustee) to know something more about the background for this =equest and your anticipated needs going forward. Deborah got back to=me and indicated that the call she and I had tentatively scheduled was bei=g cancelled. =/span> If you would like me=to reschedule a call with Deborah, or a meeting, I'd be glad to do=that. I'll be back on Tuesday. =/span> My best,</=> =/span> Max =/span> From: Noam Chomsky=[mailto:nchomsky3=gmail.com <mailto Sent: Thursday, October 26, 2017 6:43 AM To: Max Kohlenberg Subject: Re: trust >1 I didn't hear from you about this, and would lik= 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 =way a substantial sum of money. I surely have the right to access it. Could you let me know where this stands.<=> href="mailto Noam On Mon, Oct 16, 2017 at 9:55 PM, Max Kohlenberg <=a target="_blank" > wrote: Thanks for the quick reply Noam. I will get ba=k to you tomorrow. 4 EFTA_R1_01331912 EFTA02352466 Max S=nt from my Verizon, Samsung Galaxy smartphone href="mailto 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 <mailto:nchomsky3@g=ail.com» <mailto:MKohlenberrhekblaw.com» On Mon, Oct 16, 2017 at 9:00 PM, Max Kohlenberg <=a target="_blank" > wrote: Forgive me for asking Noam, but did you mean $500,00=, or $50,000? Thanks, Max 5 EFTA_R1_01331913 EFTA02352467 5=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 <mailto:nchomsky3@g=ail.com» <mailto:MKohlenberg=hekblaw.com» Dear Max,<=u> gspan> 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. =/span> Thanks for your cons=deration gspan> Noam</=pan> =/span> =/span> NOTICE: This email with its attachments, if any, is intended solely for per=itted use by authorized recipients. If you are not an authorized recipient=of this email, your retention, transmission, disclosure, or 6 EFTA_R1_01331914 EFTA02352468 use of this em=il is prohibited. If you received this email in error, please notify the sender and delete this email and it= attachments from your devices and systems. =C240 please note The information contained in this communication =s confidential, may be attorney-client privileged, may constitute in=ide information, and is intended only for the use of the addressee. It =s the property of JEE Unauthorized use, disclosure or copying of thi= communication or any part thereof is strictly prohibited and may be=unlawful. If you have received this communication in error, please noti=y us immediately by return e-mail or by e-mail to jeevacation@gmail.com <mailtolee=acation@gmail.com> , and des=roy this communication and all copies thereof, including all attachment=. copyright -all rights reserved 7 EFTA_R1_01331915 EFTA02352469