• Forwarded message > From: Deborah Pechet Quinan > Date: Fri, Oct 27, 2017 at 4:56 PM > Subject: Fwd: trust > To: Noam Chomsky > Cc: Gene > Landy > > Dear Noam, > You are waiting for me to provide guidance as to how you can regain > outlining your options in light of the trust terms. I anticipate=br> being able to spend some time on this over the weekend, along with > reviewing the drafts of your estate planning documents. Once I h=ve > 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=br> 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.=br> In this regard, please refer to my email of 10/17 where I summarize > trustees can both resign at any time. They appoint successors subjectar» 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=br> 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 > trustee. I can help you craft a letter to your daughters if you =hink > they might agree to do this. > My one additional thought right now that I need to review more closely=br> is that Harry, not being the independent trustee, should not have a > contradict this interpretation (I need to review the trust again) then=br» 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 leve= of > financial information from you but in my view that does not need to be=br> detailed. I can discuss with him what level of detail would sati=fy > 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<=r> outline some additional options for you. In the meantime please let me=br> know your thoughts regarding the above. I am available for a cal= as > well, at your convenience. 2 EFTA_R1_01745785 EFTA02574734