EFTA02580363.pdf

From: Valeria Chomsky Sent: Wednesday, October 18, 2017 7:53 PM To: Jeffrey E. Subject: Fwd: trust FYI. </=iv> Forwarded message F=om: Deborah Pechet Quinan <mailto Date: We=, Oct 18, 2017 at 3:39 PM Subject: RE: trust To: Noam Chomsky ene Land= <mailto: Cc: Valeria Cho=sky amailto: Dear Noam,<=span> I will give this some tho=ght and I will get back to you. Best, Deborah =C240 Deborah Pechet Quinan, Esq. LL.M. Shareholder Assistant - Jayne Mahoney: Office: ax: =17.742-2355 <tel e-mail:=C2 mailto: = www.riw.com <http://www.riw.co > I BIO <http://www.riw.c=m/attorney/deborah-pechet-quinank =/span> From: Sent: Wednesday, October 18, 2017 3:28 PM To: Deborah Pechet Quinan; Gene Landy Cc: Valeria Chomsky EFTA_R1_01755830 EFTA02580363 Subject: Fwd: trust Thanks for =he information. Could you please let me know what steps I should tak= to regain control of the trust. Thanks, Noam=u> Forwarded =essage From: Deborah Pechet Quinan Date: Tue, Oct 17, 2017 at 7:21 PM Subject: RE: trust To: Noam Chomsky Cc: Gene Landy =~1~.> >, "Valeria Chomsky cmailto )" Hi Noam,=/u> <1=> Max is asking because he =as a duty to balance your interests, with the interests of the children who are the remainder beneficiaries. This is a matter of general fid=ciary law governing trustees, absent a provision in the trust that specifi=ally permits a trustee to disregard the interests of the remainder benefic=aries. Such a provision does not appear in Carol's trust. Please see page 2, paragraph 5.1 of the tr=st, attached. The trust is governed under Massachusetts law (see pag= 14 paragraph 13.6 of the trust) and it is possible that I may find case l=w to support the proposition that the interest of the beneficiary who is the surviving spouse takes precedence over the rema=nder beneficiaries of a marital trust; or a case that provides some guidan=e, such as to what extent the other financial circumstances of the survivi=g spouse must be taken into account when a trustee considers making a discretionary principal distribution.4>=A0 Please let me know if you would like me to research these specific issu=s. This is generally the same issue we grappled with when you reques=ed 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 th= trusteeships. I summarize these provisions for you and Valeria belo= and I attach all of the referenced documentation. 2 EFTA_R1_01755831 EFTA02580364 </=> Trustee Removal=/u>: You have the power under the trust instrument to remove Max provided that =ou are joined in the removal by a majority of your children, and provided =hat after the removal an independent trustee is serving. See the tru=tee removal provisions on page 5 at paragraph 8.2(a). </=> Trustee Resignations4=pan>: Either or both of Max and Harry may resign as trustees voluntarily. =ee resignation provisions at page 5, paragraph 8.2(b). </=> Trustee Appointments</=pan>: If one trustee resigns, the other appoints a successor. If bot= resign at the same time, they appointment their successors together.Q=A0 You must approve the appointments of the successor trustees. If t=ere are no remaining or resigning trustees you make the appointment. A minimum of two trustees are required under the terms =f the trust. See appointment provisions at page 5, paragraphs 8.1(b)=(d). </=> Trustee History of Car=l's Trust: I have attached for your reference the following trust documents which doc=ment the trusteeship over the trust's term to date :=u> </=> 2. The First Amendment of Carol's tr=st dated 4/18/1991 by which she removed you as co-trustee and appointed Er=c Menoyo as co-trustee to serve along with her. (Your acknowledgment of this removal is contained in this document); 4. Your Declination to serve as successor tr=stee to Carol after her death, dated 1/22/2009; 6. Harry's Appointment of Max as suc=essor trustee to Eric Menoyo after Eric Menoyo's death and your as=ent to that appointment, dated 5/20/2009. </=> 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'm happy to disc=ss all of this with you and Valeria to clarify any questions you may have.=C24> Please also let me know if you would like me to speak with Max tomorrow or if you would like me to postpone the call4=pan> </=> I look forward to hearing=from you. </=> All my best, Deborah 3 EFTA_R1_01755832 EFTA02580365  =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"> 255 State Street,=7th Floor <https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7=%C2cYcA0Boston,+MA+02109&entry=gmail&sou rce=g> I <https://ma=s.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7C4C2%A0Boston,+MA+021=9&entry=gmail&sou rce=g> =C2eoston, MA =2109 <https://maps.google.com/?q=255+State+Street,+7th+Floor%C=%A0%7C%C2%A0Bostons+MA+021098(entry=gmail&sou rce=g> Direct 24> =C24Kell: 6> </=pan> Assistant - Jayne Mahoney: 617.570.3581 <tel:(617)%20570-3581> Office: 617.742.4200 <tel:(617)%20742-4200> <=pan style="font-size:11.0pt;font-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> <=pan style="font-size:11.0ptfont-family:"Calibri","sans-s=rif";color:#1f497d"> e-mail:=C2 mailto > = www.riw.com <http://www.riw.co=/> I BIO <http://www.riw.c=m/attorney/deborah-pechet-quinan/> <1=> From: Noam Cho=sky [maiIto: Sent: Tuesday, October 17, 2 To: Deborah Pechet Quinan Cc: Gene Landy; Valeria C=omsky Subject: Re: trust=/span> 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 first time I have heard anything like this, and I do not know what =he basis might be for such a conception. 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 > w=ote: Dear Max, 4 EFTA_R1_01755833 EFTA02580366 <1=> 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> </=> =C240 Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group<=pan style="font-size:10.5ptfont-family:"Calibri","sans-s=rif";color:black"> <https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7=%C2V0A0Boston,i-MA+02109&entry=gmail&sou rce=g> I <=a> Boston, MA 02109 <https://maps.google.com=?q=255+State+Street,+7th+Floor%C2V0A0%7C%CnA0Boston,+MA+02109&entry=3Dgmail& source=g> Direct <https: maps.googe.comAq=255+State+Street,+7th+Floor%C2%,A0%7C+%3Chttps://maps.google.com/?q%3D2=5%2B State%2BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,%2BMA%2B0=109%26entry%3Dgmail%26so urce%3Dg%3E%C2%A0Boston,%0D+MA+021.09+%3Chttps://ma=s.google.comPq%3D255%2BState%2BStreet,%2B7th% 2BFloor%25C2%25A0%257C%25C2%=5A0Boston,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&entry=gm ail&=mp;source=g> Cell: 617.832.5726 <tel:(617)%20832.5726> <Apan> Assistant - Jayne Mahoney: 617.570.3581 <tel:(617)%20570-3581> Office: 617.742.4200 <tel:(617)%20742-4200> <=pan style="font-size:11.0ptfont-family:"Calibri","sans- s=rif";color:#11497d"> I <=pan style="font-size:11.0ptfont-family:"Calibrin,"sans-s=rir;color:#1f497d"> Fax: 617.742- 2355 <te =pan style="font-size:11.0pt;font-family:"Calibri","sans-s=rir;color:#1f497d"> e-mail:=C2 = www.riw.com chttp://www.riw.co=/> I BIO <http://www.riw.c=m/attorney/deborah-pechet-quinank <=span> <1=> From: Max Kohl=nberg [mailto:com <mailto J 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. <1=> 5 EFTA_R1_01755834 EFTA02580367 I am available tomorrow f=om 7am to 10am and again from 2pm to 4pm. </=> Thanks,<=u> </=> Max<=p> </=> </=> A. Max Kohlenberg<=> Howland Evangelista Kohle=berg Burnett, LLP One Financial Plaza 4>=804> Suite 1600 Providence, Rhode Island =2903 maiItol l• </=> 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:dM<mailto Sent: Tuesday, October 17, 2017 2:53 PM To: Max Kohlenberg Cc: Gene Landy 6 EFTA_R1_01755835 EFTA02580368 Subject: RE: trust Hi Max,<=u> </=> Noam has not requested my=input into this request. </=> Thanks,<=u> Deborah<=u> =C240 Deborah Pechet Quinan, Esq. LL.M. Shareholder Chair, Trusts & Estates Group<=pan style="font-size:10.5ptfont-family:"Calibri","sans-s=rif";color:black"> <https://maps.google.com/?q=255+State+Street,+7th+Floor%C2c/cA0%7=%C2%A0Boston,+MA+02109&entry=gmail&sou rce=g> l<=a> Boston, MA 02109 <https://maps.google.com=?q=25S+State+Street,+7th+Floor%C2%A0%7O4C2V0A0Boston,+MA+02109&entry=3Dgmail& source=g> an> Offs apan style="font-size:ll.Opt;font-family:"Calibri","sans- s=rir;color:#1f497d"> I Fax: =pan style="font-size:11.0ptfont- family:"Calibri","sans-s=rir;color:ft1f497d"> e-mail:=C24Pdpq@riw.com <mailto = www.riw.com <http://www.riw.co=/> I BIO <http://www.riw.c=m/attorney/debora -pec et-quinani> <1=> From: Max Kohl=nberg Sent: Monday, October 16, 201 . To: Deborah Pechet Quinan Subject: Fwd: trust Deborah - I welcome your thoughts on this. Thanks, 7 EFTA_R1_01755836 EFTA02580369 Max Sent =rom my Verizon, Samsung Galaxy smartphone Original message From: Max Kohlenberg < <mailto Date: 10/16/17 9:55 PM (GMT-05:00) To: Noam Chomsky < mailto ■ 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) 8 EFTA_R1_01755837 EFTA02580370 To: Max Kohlenberg mailto Subject: Re: trust I meant $500,000. Noam On Mon, Oct 16, rg <=a href="mailto target="_blank" rote: 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 9 EFTA_R1_01755838 EFTA02580371 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. =u> Thanks for your cons=deration =u> Noam =U> =U> =/div> 10 EFTA_R1_01755839 EFTA02580372