EFTA02549138.pdf

From: Richard Kahn <richardkahn12@gmail.com> Sent: Tuesday, December 12, 2017 6:47 PM To: jeffrey E. Subject: Fwd: Scheduling a call Richard Kahn HBRK Associates Inc. 575 =exington Avenue 4th Floor New York, NY 10022 tel 212-971-1306 fax 212-320-0381 cell 917-414-7584 Begin forwarded message: From: =/b>Noam Chomsky <nchomsky3@gmail.com> Subject: =/b>Re: FW: =cheduling a call Date: December 12, 2017 at 12:07:01PM EST To: =/b>Deborah Pechet Quinan <dq@riw.com> Cc: =/b>"Valeria Chomsky (valeria.chomsky@gmail.com)" <valeria.chomsky@gmail.com>, "Richard Kahn (richardkahn12@gmail.com)" <richardkahn12@gmail.com> I wrote Harry a =trong letter say that the matter was indeed urgent and shouldn't be =elayed, and asked him to please arrange the call as quickly as =ossible. I don't think you should bring up any special =onsiderations (health, house, anything). The urgency has to do =ith the taxes, and there is no reason for Max or Harry to have any =laborate explanation of why we need the money. When money was being withdrawn =egularly from my IRA to pay taxes and management fees for the entire =state, neither Max nor anyone else asked for an explanation or a =inancial review of the beneficiaries, or any account of how money from =he trusts was being used (not for or by me). The withdrawal from =he IRA for taxes and management fees for the entire estate was just =one. There are even stronger reasons to keep to that procedure in =he present case, since I am simply asking for tax payments from funds =hat I should have full access to. Doesn't seem to me that anything is seeded beyond that. EFTA_R1_01704264 EFTA02549138  Noam On Tue, Dec 12, 2017 at 7:26 AM, Deborah Pechet =uinan <dq@riw.com <mailto:dq@riw.com> wrote: Noam, Please see the email from Harry below =nquiring into the urgency of speaking this week. In my email =esponse to Harry (and in my call with Max today) I would like to make reference to your increasing anxiety level and its =etrimental effect on your health that Richard has told me of, which is =he primary reason, in addition to the delays in addressing the issues =t stake, to insist on some progress this week via a call with Harry. I would also like to make reference to the =act that your recent distribution request was for the purchase of your =ew home in Arizona since I did not see that specifically referenced in =our request to Max. Since these are private matters to you =nd I do not know whether Harry is aware of the above health and purpose = would like your permission to disclose them to him, and also to Max. Please let me know. Thank you, Deborah Deborah Pechet Quinan, Esq. =L.M. Shareholder Chair, Trusts & Estates =roup 255 =tate Street, 7th Floor I Boston=MA 02109 Direct: 617.570.3521 <tel:(617)%20570-3521> I Cell: 617.832.5726 Assistant - Jayne Mahoney: 617.570.3581 <tel:(617)%20570-3581> Office: 617.742.4200 <tel:(617)%20742-4200> I Fax: 617.742-2355 <tel:(617)%20742-2355> e-mail: dpq@riw.com <mailto:dpq@riw.com> www.riw.com I BIO From: hchomsky@gmail.com <mailto:hchomsky@gmail.com> Imailto:hchomsky@gmail.com] On Behalf Of Harry Chomsky Sent: Monday, December 11, 2017 7:57 PM To: Deborah Pechet Quinan 2 EFTA_R1_01704265 EFTA02549139  Cc: Noam Chomsky Subject: Re: Scheduling a call Yes, I have a copy of the trust =nd I understand the procedure for selecting a trustee to replace Max =hould that become necessary. Can you say more about why it is =mperative for us to speak to each other this week in particular? =s the topic of the call simply to consider the possibility of seeking a =ifferent co-trustee? If so, I'm not sure where the time pressure is coming from. If you need to tell me something =nd don't want to wait until I have established a relationship with a =ew attorney who can assist me during a call, perhaps you could send me =he urgent information by e-mail. On Mon, Dec 11, 2017 at 4:08 AM, =eborah Pechet Quinan <dq@riw.com <mailto:dq@riw.com» wrote: Harry, Even though I do not represent =ou I would like to facilitate your understanding of the terms of the =rust which are very straightforward relative to your appointment =uties. Please let me know if you have a copy of the trust that contains the appointment powers. In the interest of moving your father's =esires forward may we please schedule a call for this week. It is =mperative that we do so for a number of reasons which I can explain =hen we speak. Deborah Sent from my iPhone. Please excuse =revity and typos. On Dec 9, 2017, at 8:06 PM, Harry Chomsky <harry@chomsky.net> wrote: Deborah, I'd like to offer an =pdate on my preparation for the call we are considering. I am =till looking for a professional who can advise me during the =all. I hope to write to you again with more concrete information =oon. On Sat, Dec 2, 2017 at 3:45 PM, =arry Chomsky <harry@chomsky.net <mailto:harry@chomsky.net> wrote: Thank you Max for the =larification. 3 EFTA_R1_01704266 EFTA02549140  Deborah, I'd be happy to talk to =ou about the question of who should serve as my co•trustee. I =ould need guidance from someone who is an expert in trust law and =dministration. Since Max cannot fill that role in this particular =onversation, I will need to find another professional to advise me. I will =egin my search process right away. When I have found someone, I =ill send a message of introduction to both of you and we can begin =ooking for a time that we can all talk. I will get back in touch with you =oon. •• Harry On Sat, Dec 2, 2017 at 1:27 PM, =eborah Pechet Quinan <dq@riw.com <mailto:dq@riw.com» wrote: Thank you Max. I did not feel it =ecessary to include the fact that a successor that is agreeable to =arry and Noam needs to be appointed as I felt that to be obvious since =arry has the appointment power subject to Noam's =pproval. Harry now that Max has offered =his clarification please send me your availability to talk at a =utually convenient time on Monday and Tuesday. Thank you, Deborah Sent=from my iPhone. Please excuse brevity and typos. On Dec 2, 2017, at 3:31 PM, Max Kohlenberg <MKohlenberg@hekblaw.com> wrote: Harry and Deborah — I am not sure how this misunderstanding =as arisen but what I said to Harry and Rich in our call on Monday and what I said again to Deborah and Rich yesterday is not =ully captured by the statement that "Your father has =sked Max Kohlenberg to resign and he has agreed." What I said in both of those calls is that I have agreed to =esign if Noam and Harry wish to name a successor to me =nd are in agreement as to who that successor should be. Thank you for giving me the opportunity =o clear up this misunderstanding. Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, =LP 4 EFTA_R1_01704267 EFTA02549141  One Financial Plaza — Suite =600 Providence, Rhode Island 02903 Direct: 401.283.1239 <tel:(401)%20283-1239> Main: 401.283.1234 <tel:(401)%20283-1234> Fax: 401.283.1221 <tel:(401)%20283-1221> mkohlenberg@hekblaw.com www.hekblaw.com <http://www.hekblaw.com/> This email and any attachments thereto =re intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential =nformation. If you are not the intended recipient of this email, =ou are hereby notified that any dissemination, distribution or copying =f this email, and any attachments thereto, is strictly =rohibited. If you have received this email in error, please immediately notify me =y return email and permanently delete the original and any copy of this =essage or attachment. Thank you. From: hchomsky@gmail.com <mailto:hchomsky@gmail.com> [mailto:hchomsky@gmail.comj On Behalf Of Harry Chomsky Sent: Saturday, December 02, 2017 1:42 PM =To: Deborah Pechet Quinan; Max Kohlenberg =Cc: Noam Chomsky Subject: Re: Scheduling a call I have not heard from Max that he =as decided to resign. The last time I was told (by Noam, citing =ichard) that Max had decided to resign, it was not the case. Max, will you please clarify your =ntentions? 5 EFTA_R1_01704268 EFTA02549142  On Sat, Dec 2, 2017 at 8:58 AM, =eborah Pechet Quinan <clq@riw.com <mailto:dq@riw.com> wrote: Dear Harry, I am writing to introduce myself, =nd to schedule a call with you to discuss the change of independent =rustee that your father desires with respect to the Carol Chomsky =arital Trusts. As you may know, I represent your father with respect to his =eneficial interest in the Trusts, and I represent your father and his =ife with respect to their estate planning matters. Your father has asked Max =ohlenberg to resign and he has agreed. Under the terms of the trust you =re to make the appointment of the successor independent trustee, =ubject to your father's approval. Are you available to speak on =onday between 8:00 a.m and 11:30 a.m. Eastern or =etween 2:00 p.m and 6:00 p.m. Eastern, or after 8:30 p.m. Eastern, or =n Tuesday any time at your convenience except from 2:00 - 3:00 p.m. Eastern? Please =end me a time on Monday and Tuesday that is mutually convenient. I look forward to hearing from =ou at your earliest convenience. Thank you, Deborah Pechet Quinan, Esq. Deborah Pechet Quinan, =sq. LL.M. Shareholder Chair, Trusts & =states Group 255 State Street, 7th Floor I Boston, MA 02109 Direct: 617.570.3521 I Cell: 617.832.5726 <tel:617.832.5726> Assistant - Jayne =ahoney: 617.570.3581 <tel:617.570.3581> Office: 617.742.4200 I Fax: 617.742-2355 <tel:(617)%20742-2355> 6 EFTA_R1_01704269 EFTA02549143  e-mail: dpq@riw.com I www.riw.com I BIO Sent from my iPhone. Please excuse brevity and =ypos. NOTICE: This email with its attachments, if =ny, is intended solely for permitted use by authorized recipients. If =ou are not an authorized recipient of this email, your retention, transmission, disclosure, or use of this email is prohibited. If you =eceived this email in error, please notify the sender and delete this =mail and its attachments from your devices and systems. NOTICE: This email with its attachments, if =ny, is intended solely for permitted use by authorized recipients. If =ou are not an authorized recipient of this email, your retention, =ransmission, disclosure, or use of this email is prohibited. If you received this email in error, please notify the sender and =elete this email and its attachments from your devices and systems. NOTICE: This email with its attachments, if =ny, is intended solely for permitted use by authorized recipients. If =ou are not an authorized recipient of this email, your retention, =ransmission, disclosure, or use of this email is prohibited. If you received this email in error, please notify the sender and =elete this email and its attachments from your devices and systems. NOTICE: This email with its attachments, if any, is intended solely for =ermitted use by authorized recipients. If you are not an authorized =ecipient of this email, your retention, transmission, disclosure, or =se of this email is prohibited. If you received this email in error, please notify the sender and delete this email and =ts attachments from your devices and systems. = 7 EFTA_R1_01704270 EFTA02549144