On Fri, Oct 27, 2017 at 5:32 PM, Noam Chomsky > wrote: > Just received this. > My proposal would be to ask Deborah, as she suggests, to draft a lette= for me to send to the children -- all three of them, not just my daughter= -- asking them to agree with replacement of the two trustees, Max and Har=y, so that I can then pick new trustees. That should clear the air.<=r» > What do you think? Forwarded message > From: Deborah Pechet Quinan > Date: Fri, Oct 27, 2017 at 4:56 > Subject: Fwd: trust > To: Noam Chomsky < > Cc: " <mailt > 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 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.. 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 2 EFTA_R1_01745672 EFTA02574656