From: Valeria Chomsky < Sent: Thursday, November , : To: Jeffrey E. Subject: Fwd: trust for the letter Noam has requested to Deborah or for the accounting: nothing= Do you understand what is going on? Forwarded messa e From: Noam Chomsky Date: Sun, Oct 29, 2017 at 5:03 PM Subject: Re: trust To: Deborah Pechet Quinan < Cc: Valeria Chomsky That sounds right to us. Noam On Sun, Oct 29, 2017 at 1:00 PM, Deborah Pechet Quinan wrote: > Dear Noam, > I will do so. Do you want me to hold off regarding the memo I was plannin= to prepare for you, pending the discussion with your children? The memo m=y not be necessary yet. > Best, > Deborah > Sent from my iPhone. Please excuse brevity and typos. > On Oct 29, 2017, at 2:20 PM, Noam Chomsky > wrote: > Thanks for the informative letter. I would appreciate it if you could cr=ft a letter, as you suggest, which I will use to contact all three childre=. > Thanks > Noam • Forwarded message > From: Deborah Pechet Quinan > Date: Fri, Oct 27, 2017 at 4:56 PM > Subject: Fwd: trust > To: Noam Chomsky > Cc: ene Candy EFTA_R1_01743535 EFTA02573494

> Dear Noam, > You are waiting for me to provide guidance as to how you can regain contr=l 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 som= time on this over the weekend, along with reviewing the drafts of your es=ate planning documents. Once I have sent the memo to you we can discuss y=ur thoughts and we can then respond to Max. Unfortunately this is a diffic=lt situation, not simple and straightforward, because of the terms of the =rust 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 tha= would not inquire so diligently as to your personal financial circumstanc=s before making a principal distribution to you. In this regard, please r=fer to my email of 10/17 where I summarize the trustee removal, resignatio= and appointment provisions. The trustees can both resign at any time. The= appoint successors subject to your approval. If they agree to resign you =an find a new independent trustee whom they can appoint. If not, you can r=move them but only with the approval of a majority of your children. Do yo= 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. = can help you craft a letter to your daughters if you think they might agr=e 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 th= distribution decision. If there is nothing in the trust to contradict thi= interpretation (I need to review the trust again) then Max alone has the =ower. However this would likely not change the analysis that Max believes =e needs to go through since he is accountable to all beneficiaries. He be=ieves 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 d=tail would satisfy him; however, if my understanding is correct that you d= not wish to provide him with any backup for his distribution decision, th=n we should evaluate the removal option and any other strategies I may be =ble to come up with. > Unfortunately this is not a simple situation and I will do my best to out=ine some additional options for you. In the meantime please let me know yo=r thoughts regarding the above. I am available for a call as well, at you= convenience. > Best, > Deborah > Sent from my iPhone. Please excuse brevity and typos. > Begin forwarded 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 dis=ussion with you and I also feel I cannot have such a discussion with you w=thout Deborah's knowledge and participation, as she is your attorney. Ple=se also note that any distributions from the trusts would also involve Har=y, who is the co-trustee of the trusts. > As you will see, I have again copied Deborah on my reply. I will be glad=to follow up with a meeting or a call when I return, next week. 2 EFTA_R1_01743536 EFTA02573495