EFTA02580029

From: jeffrey E. <[email protected]> Sent: Wednesday, October 18, 2017 5:43 AM To: Noam Chomsky Subject: Re: trust she should not be inundating you with documents . =AO she should be advising you on what steps to take to accomplish yo=r goals <[email protected]&=t; wrote: What d= you think we should do with this? Noam Forwarded message From: Deborah Pechet Quinan Date: Tue, Oc= 17, 2017 at 7:21 PM Subject: RE: trust To: Noam Chomsk Cc: Gene Landy Hi Noam, "Valeria Chomsky Max is asking because he =as a duty to balance your interests, with the interests of the children wh= 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 Carol =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 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 =t 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 Valeri= below and I attach all of the referenced documentation. EFTA_R1_01755128 EFTA02580029 Trustee Removal=/u>: You have the power under the trust i=strument 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</=pan>: Either or both of Max and Harry may r=sign as trustees voluntarily. See resignation provisions at page 5, parag=aph 8.2(b). Trustee Appointments</=pan>: If one trustee resigns, the oth=r 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 Car=l's Trust: I have atta=hed for your reference the following trust documents which document the trusteeship over the trus='s term to date : 1. Carol's orig=nal trust dated 10/18/1989 in which you and she were co-trustees; 2. The First Amendment =f Carol's trust dated 4/18/1991 by which she removed you as co-tru=tee and appointed Eric Menoyo as co-trustee to serve along with her. (Your acknowledgment of this removal is contained in this docume=t); 3. The Second Amendment=of Carol's trust dated 1/11/2007 by which she changed the provisio=s 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. Your Declination to =erve as successor trustee to Carol after her death, dated 1/22/2009; 5. Harry's Acce=tance to serve as successor trustee to you after you declined to serve as =rustee, dated 3/2/2009; and 6. Harry's Appo=ntment of Max as successor trustee to Eric Menoyo after Eric Menoyo =99s death and your assent to that appointment, dated 5/20/2009.<=u> I hope the above informat=on is helpful. Please let me know if you would like me to do the res=arch mentioned in the first paragraph of this note above, and if you would like to consider pursuing a change of trustees. I =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. 2 EFTA_R1_01755129 EFTA02580030 I look forward to hearing-from you. All my best, Deborah =C2 Deborah Pechet Quinan, Esq. LL.M. Shareholder Assistant - Ja ne Mahone Office I Fax: e-mail:= = www.riw.com <http://www.riw.co=1> I BIO <http://www.riw.c=m/attorney/deborah-pechet-quinan/> From 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. I don't see what more is involved.=/p> Noam On Tue, Oct 17, 2017 at 3:33 PM, Deborah Pechet Quin=n Dear Max, </=> =ote: 3 EFTA_R1_01755130 EFTA02580031 I am available at 3:00 p.=. tomorrow afternoon, and would be happy to speak provided that Noam and Valeria give me permission to do so. </=> Best, Deborah<=u> </=> =C2 Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group<=pan style="font-size:10.5ptfont-family:"Calibri","sans-s=rif";color:black"> chttps://maps.google.com/?q=255+State+Street,+7th+FloorA,C2%A0%7=%CrAA0Boston,+MA+02109&entry=g mail&source=g> I <=a> Boston, MA 02109 chttps://maps.google.com=?q=255+State+Street,+7th+Floor%C2%A0%7C%C2V0A0Boston,+MA+02109&entry=3Dgmail& source=g> Direct C2 I =C2 Cell: /=pan> Assistant -1a ne Mahone Office pan style="font-size:11.0ptfont-family:"Calibri","sans- s=rif";col style="font-size:11.0pt;font-family:"Calibri","sans-s=rif";color:#1f497d"> Fax: 617.742- 2355 <tel: <=pan style="font-size:11.0pt;font-family:"Calibri","sans-s=rir;color:#1f497d"> e-mail:=C2 [email protected] <mailto:[email protected]> = www.riw.com <http://www.riw.co=/> I BIO <http://www.riw.c=m/attorney/deborah-pechet-quinan/> <=> </=> From: Max Kohl=nberg [mailto:m <mailtc ] 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 li=e 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 f=om 7am to 10am and again from 2pm to 4pm. </=> Thanks,<=u> </=> 4 EFTA_R1_01755131 EFTA02580032 Max<=p> </=> </=> A. Max Kohlenberg<=> Howland Evangelista Kohle=berg Burnett, LLP One Financial Plaza =80 Suite 1600 Providence, Rhode Island =2903 Direct: Main: Fax: => 1=> www.hekblaw.com <http://www.hek=law.com/> </=> </=> This email and any attach=ents thereto are intended 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 =eturn email and permanently delete the original and any copy of this messa=e or attachment. Thank you. </=> From: Deborah =echet Quinan [mailto:dq@ri=.com <mailt Sent: Tuesday, October 17, 2017 2:53 PM To: Max Kohlenberg Cc: Gene Landy Subject: RE: trust Hi Max,<=u> </=> 5 EFTA_R1_01755132 EFTA02580033 Noam has not requested my=input into this request. </=> Thanks,<=u> Deborah<=u> =C2 Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group<=pan style="font-size:10.5pt;font-family:"Calibri","sans-s=rif";color:black"> <https://maps.google.com/?q=255+State+Street,+7th+Floor%CrAA0%7.=%C2VGA0Boston,+MA+02109&entry=g mail&source=g> I <=a> Boston, MA 02109 chttps://maps.google.com=?q=255+State+Street,+7th+Floor%Cr/oA0%7C%C2%A0Boston,+MA+02109&entry=3Dgmail& source=g> Direct =C2 I =C2 Cell </=pan> Assistant - Ja ne Mahone Office: <=pan style="font-size:11.0ptfont-family:"Calibri","sans- s=rif";color:#1f497d"> I <=pan style="font-size:11.Opt;font-family:"Calibri","sans-s=rif';color:#1f497d"> Fax: 617.742- 2355 <tel:(617)%20742-2355> <= an st le="font-size:11.0 tfont-family:"Calibri","sans-s=rir;color:#1f497d"> e-mail:= www.riw.com <http://www.riw.coal> I BIO chttp://www.riw.c=m/attorney/deborah-pechet-quinank <=u> </=> From: Max Kohl=nberg [mailto Sent: Monday, October 16, 2017 9:56 PM To: Deborah Pechet Quinan Subject: Fwd: trust Deborah - I welcome your thoughts on this. Thanks, Max 6 EFTA_R1_01755133 EFTA02580034 Sent =rom 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 Sent =rom 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. 7 EFTA_R1_01755134 EFTA02580035 Noam On Mon, Oct 16, 2017 at 9:00 PM, Max Kohlenberg <=a href="mailto: target="_blank wrote: Forgive me for asking Noam, but did you mean $500,00=, or $50,000? Thanks, Max Sent =rom 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. 8 EFTA_R1_01755135 EFTA02580036 =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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