EFTA02360069.pdf

From: Noam Chomsky Sent: Thursday, November 2, 2017 5:12 PM To: jeffrey E.; Valeria Chomsky Subject: Question about Max and the Tucson house We are curious about why Max should be making this crazy d=mand. One is that he is acting on the instructions of the children= who want to ensure that the Tucson house ends up going to them. The second is that he is acting on what he takes to be his =esponsibility as Trustee. And is therefore saying that he would only=have been able to agree to distribute $500,000 from the Trust if the house=was owned by the Trust. Which do you think makes =ense, based on your conversations with him, or is both, or something else.=/div> On Thu, Nov 2, 2017 at 4:16 PM, jeffrey E= <jeevacation@gmail.com <mailto:jeevacation@gmail.com> wrote: max. ! - go slow. it w=ll all work out, On Thu= Nov 2, 2017 at 12:09 PM, Noam Chomsky wrote: Off to a meet=ng, back in a few hours. One thing I don't understand. W=o made the lunatic suggestion that the house on Tucson should be bought by=the trust. We've already bought it, and anything of the sort wou=d always have been entirely out of the question. I've never hear= a word from anyone suggesting this craziness. On =hu, Nov 2, 2017 at 3:48 PM, jeffrey E. <jeevacation@gmail.com>=/span> wrote: summary,=C20 Deboroah is a flake. . she said =he didnt receiev an accounting but will check her emails as she is b=hind in checking :) . max will resign if ask=d as trustee, and if harry and one of the girls agrees .=C241,0 everything is easy, max made a point t= say that the childrens inheritance was a concern, so for ex=C20 if the house in tucson was bought by the trust „ instead of =n noams name , there would be no issue. all odd. =C20 , THis is simple , noam worked his whole life and =ow though there are millions of dollars set aside, feels stresssed o=er money, ITS WRONG. . we need to value the =P. deborah said she asked you to agree a fee to do so had no respons=, upon furtherquestioning. she said it was a long =ime ago , and as she did not hear back she dropped the issue.=C240 MISHHUG EFTA_R1_01349834 EFTA02360069 <mailto > wrote: for the letter Noam has requested to Deborah or for the accounting: no=hing. Do you understand what is going on? <mailto Forwarded message From: Noam Chomsky Date: Sun, Oct 29, 2017 at 5:03 PM Subject: Re: trust To: Deborah Pechet Quinan Cc: Valeria Chomsky That sounds right to us. Noam mailto On Sun, Oct 29, 2017 at 1:00 PM, Deborah Pechet Quinan -wrote: > Dear Noam, > I will do so. Do you want me to hold off regarding the memo I was plan=ing to prepare for you, pending the discussion with your children? The mem= may not be necessary yet. > Best, > Deborah > Sent from my iPhone. Please excuse brevity and typos. > On Oct 29, 2017, at 2:20 PM, Noam Chomsky crnailt° > wrote: > Thanks for the informative letter. I would appreciate it if you =ould craft a letter, as you suggest, which I will use to contact all three=children. > Thanks > Noam • Forwarded message > From: Deborah Pechet Quinan > Date: Fri, Oct 27, 2017 at 4:56 PM > Subject: Fwd: trust > To: Noam Chomsk > Cc: sc <mailto: <mailto ><=r> > > Dear Noam, mailto >, Gene 2 EFTA_R1_01349835 EFTA02360070 > 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 draf=s of your estate planning documents. Once I have sent the memo to yo= we can discuss your thoughts and we can then respond to Max. Unfortunatel= this is a difficult situation, not simple and straightforward, because of=the terms of the trust and fiduciary law applicable to trusts. Pleas= 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 =hat would not inquire so diligently as to your personal financial circumst=nces before making a principal distribution to you. In this regard, =lease refer to my email of 10/17 where I summarize the trustee removal, re=ignation and appointment provisions. The trustees can both resign at any t=me. They appoint successors subject to your approval. If they agree to res=gn you can find a new independent trustee whom they can appoint. If not, y=u can remove them but only with the approval of a majority of your childre=. Do you think your daughters would agree to remove Max and Harry? If so y=u could then appoint a successor. You would need to find an independent tr=stee. I can help you craft a letter to your daughters if you think t=ey 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 =his interpretation (I need to review the trust again) then Max alone has t=e power. However this would likely not change the analysis that Max believ=s he needs to go through since he is accountable to all beneficiaries..=A0 He believes he needs some level of financial information from you but i= my view that does not need to be detailed. I can discuss with him w=at level of detail would satisfy him; however, if my understanding is corr=ct that you do not wish to provide him with any backup for his distributio= decision, then we should evaluate the removal option and any other strate=ies I may be able to come up with. > 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 excuse brevity and typos. > Begin forwarded message: > From: Max Kohlenberg <mailto > Date: October 27, 2017 at 1:21:50 PM EDT > To: Noam Chomsky mailto > Cc: "Deborah Pechet Quinan, Esq." > Subject: Re: trust > Hello Noam - > • 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 =Iso 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. 3 EFTA_R1_01349836 EFTA02360071 > Thanks, > Max > Sent from my Verizon, Samsung Galaxy smartphone Original message > From: Noam Chomsky > Date: 10/27/17 5:14 PM (GMT+00:00) > To: Max Kohlenberg <mailto > Subject: Fwd: trust > 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 acce=s 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 I=fe and work, but also to do so without facing an inquisition. mailto reasons behind the decision. <mailto > If you are unable to transfer the money this week , could you please d=tail for me the > Thanks, > Noam • Forwarded messa e > From: Max Kohlenberg > Date: Wed, Oct 25, 2017 at 10:55 PM > Subject: RE: trust > To: Noam Chomsky mailto > Cc: Deborah Pechet Quinan <mailto > Good morning (from Scotland) Noam — > When we were last in touch on this I replied with a cc to Deborah40=A0 (who I have copied again here) and I understood that you, she and Valer=a had discussed my need (as trustee) to know something 4 EFTA_R1_01349837 EFTA02360072 more about the back=round for this request and your anticipated needs going forward. Deb=rah got back to me and indicated that the call she and I had tentatively s=heduled was being cancelled. > If you would like me to reschedule a call with Deborah, or a meeting, ='d be glad to do that. I'll be back on Tuesday. > My best, > Max > From: Noam Chomsky [mailto <mailto > 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 happe=ing in this matter. I would like to get on with my life and work wit=out 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 =et me know where this stands. > Noam > On Mon, Oct 16, 2017 at 9:55 PM, Max Kohlenberg <mailto: > =rote: > Thanks for the quick reply Noam. I will get back to you tomorrow= > Max > Sent from my Verizon, Samsung Galaxy smartphone 5 EFTA_R1_01349838 EFTA02360073 <mailto <mailto:= Original message > From: Noam Chomsky > Date: 10/16/17 9:14 PM (GMT-05:00) > To: Max Kohlenberg - <mailto > Subject: Re: trust > I meant $500,000. > Noam > On Mon, Oct 16, 2017 at 9:00 PM, Max Kohlenberg =rote: > Forgive me for asking Noam, but did you mean $500,000, or $50,000? > Thanks, > Max > Sent from my Verizon, Samsung Galaxy smartphone 6 EFTA_R1_01349839 EFTA02360074 Original message > From: Noam Chomsky > Date: 10/16/17 6:44 PM (GMT-05:00) > To: Max Kohlenberg <mailto <mailto > 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 fo= permitted use by authorized recipients. If you are not an authorized reci=ient of this email, your retention, transmission, disclosure, or use of th=s email is prohibited. If you received this email in error, please notify =he sender and delete this email and its attachments from your devices and =ystems. > NOTICE: This email with its attachments, if any, is intended solely fo= permitted use by authorized recipients. If you are not an authorized reci=ient of this email, your retention, transmission, disclosure, or use of th=s email is prohibited. If you received this email in error, please notify =he sender and delete this email and its attachments from your devices and =ystems. 7 EFTA_R1_01349840 EFTA02360075 =C24, please note The information co=tained in this communication is confidential, may be attorney-client pr=vileged, may constitute inside information, and is intended only for JEE Unauthorized use= disclosure or copying of this communication or any part thereof is str=ctly prohibited and may be unlawful. If you have received this commu=ication in error, please notify us immediately by return e-mail or by e=mail to jeevaca=ion@gmail.com <mailto:jeevacation@gmail.com> , and destroy this communication and all copies thereo=, including all attachments. copyright -all rights reserved </=iv> please note The=information contained in this communication is confidential, may be att=rney-client privileged, may constitute inside information, and is inten=ed only for the use of the addressee. It is the property of JEE U=authorized use, disclosure or copying of this communication or any part=thereof is strictly prohibited and may be unlawful. If you have receive= this communication in error, please notify us immediately by return=e-mail or by e-mail to jeevacation@gmail.com <mailto:jeevacation@gmail.com> , and destroy this communication and al= copies thereof, including all attachments. copyright -all rights reser=ed 8 EFTA_M_01349841 EFTA02360076