From: Valeria Chomsky To: "Jeffrey E." <[email protected]> Cc: Noam Chomsky ala> Subject: Fwd: trust Date: Fri, 27 Oct 2017 22:24:18 +0000 Hi Jeffrey, We did not understand your suggestion by indemnifying. Best, Valeria Forwarded messa e From: Noam Chomsky Date: Fri, Oct 27, 2017 at 6:19 PM Subject: Fwd: trust To: Valeria Chomsky Forwarded message From: jeffrey E. <[email protected]> Date: Fri, Oct 27, 2017 at 5:37 PM Subject: Re: trust To: Noam Chomsky <a> yes, or they can indemnify max for making the distributions you request. . that is easier if max agrees.. I dont know your relation to max , but merely asking him to resign and apppoint someone else is also an alternative On Fri, Oct 27, 2017 at 5:32 PM, Noam Chomsky a wrote: > Just received this. > My proposal would be to ask Deborah, as she suggests, to draft a letter for me to send to the children -- all three of them, not just my daughters -- asking them to agree with replacement of the two trustees, Max and Harry, so that I can then pick new trustees. That should clear the air. > What do you think? Forwarded message > From: Deborah Pechet Quinan > Date: Fri, Oct 27, 2017 at 4:56 PM > Subject: Fwd: trust > To: Noam Chomsky EFTA00709374

> Cc: > Dear Noam, Gene LandY > You are waiting for me to provide guidance as to how you can regain control of the trust funds. My plan is to prepare a memo for you outlining 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 drafts of your estate planning documents. Once I have sent the memo to you we can discuss your thoughts and we can then respond to Max. Unfortunately this is a difficult situation, not simple and straightforward, because of the terms of the trust and fiduciary law applicable to trusts. Please 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 that would not inquire so diligently as to your personal financial circumstances before making a principal distribution to you. In this regard, please refer to my email of 10/17 where I summarize the trustee removal, resignation and appointment provisions. The trustees can both resign at any time. They appoint successors subject to your approval. If they agree to resign you can find a new independent trustee whom they can appoint. If not, you can remove them but only with the approval of a majority of your children. Do you think your daughters would agree to remove Max and Harry? If so you could then appoint a successor. You would need to find an independent trustee. I can help you craft a letter to your daughters if you think they 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 this interpretation (I need to review the trust again) then Max alone has the power. However this would likely not change the analysis that Max believes he needs to go through since he is accountable to all beneficiaries. He believes he needs some level of financial information from you but in my view that does not need to be detailed. I can discuss with him what level of detail would satisfy him; however, if my understanding is correct that you do not wish to provide him with any backup for his distribution decision, then we should evaluate the removal option and any other strategies I may be able to come up with. > Unfortunately this is not a simple situation and I will do my best to outline 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 fonvarded message: > From: Max Kohlenberg > Date: October 27, 2017 at 1:21:50 PM EDT > To: Noam Chomsky > Cc: "Deborah Pechet Quinan, Esq." > Subject: Re: trust > Hello Noam - > I'm afraid I cannot send the money you have requested without further discussion with you and I also feel I cannot have such a discussion with you without Deborah's knowledge and participation, as she is your attorney. Please also note that any distributions from the trusts would also involve Harry, who is the co-trustee of the trusts. EFTA00709375