From: Noam Chomsky <i Sent: Tuesday, July 10, 2018 5:31 PM To: Valeria Chomsky; jeffrey E. Subject: Fwd: Further re Marital Trusts - Forwarded messa - From: Max Kohlenberg Date: Tue, Jul 10, 2018 at 8:40 AM Subject: =urther re Marital Trusts - To: Noam Chomsksaillat > Cc: Richard Kahn =br> Noam —<=u> Thank you for your additi=nal comments. Though I don't share your perspective as to se=eral important aspects of what has transpired since you and Carol did your original estate planning (with all that has followed since) I appreci=te how outrageous it has felt to you and I continue to deeply regret that. I very much agree that ad=itional litigation (I say "additional" because the proceed=ngs brought by Harry's attorney are already underway) would be the=last thing anyone would want, but as you reference it again, and as you refer t= the conduct of "the Trustees" (which of course includes m= as well as Harry) I have to proceed cautiously. Therefore, although=l continue to believe I have undertaken my trusteeship entirely in accordance with the terms of the trusts and applicable law (an= with nothing but goodwill towards you), I have to be mindful of what I pu= into our email exchanges. If there is litigation then it will be in=those proceedings that I should account in detail for my understanding of how your estate planning and the adminis=ration of Carol's estate and her trusts should have been, as was, =onducted. Accordingly, let me just make a few general statements for=now: 1. Without going into a=ditional detail about how your estate plan and Carol's estate plan=were set up, let me clarify that when I refer to Carol's trust being "funded" with the Lexington home and the Cape house,=what I mean is that both properties were conveyed by you and Carol (as joi=t owners) to Carol alone, in July of 2008. Copies of the deeds are o= record. I can't attest to the signatures on them, but they can be viewed on the websites of the Middlesex County (South) Reg=stry of Deeds and the Barnstable County Registry of Deeds. The conve=ances were done so that at Carol's death the properties would (in =ccordance with the terms of her will) pass into her trust, which is what occurred. 2. When the Lexington h=use was sold the proceeds were held by the Exempt Marital Trust (as it own=d the property). As you know, the trust also lent you about $500K to facilitate the purchase of the Cambridge property.</=> EFTA_R1_01789330 EFTA02601512

3. The Cape prope=ty was distributed to you from the Non-Exempt Trust in 2010, after which y=u deeded it into the Gull Haven Lane LLC and gifted the LLC membership units (shares) to your children. 4. With respect to the =istributions made from the trusts, I would again refer you to the reports =hat I sent to Deborah and Richard. That said, those reports only show the total amounts distributed to you or on your behalf f=om the trusts. From your gift tax returns and from Bainco's =ecords it would be possible to detail how much you gave to each of your ch=ldren and grandchildren (and how much you paid in tuitions) since 2009. S. Lastly, in consideri=g (a) your estate planning before Carol's death, (b) the pattern o= withdrawals from the IRA and from the trusts, and (c) the gifting undertaken by you to family members, there is a clear demarcation =etween the period before your relationship with Valeria commenced (during =hich time your planning focused on providing for yourself, your children a=d grandchildren) and the years since your marriage. That demarcation is fully understandable,=of course. I only ask that you bear it in mind as you consider why y=ur advisors guided you as they did in the period before planning for Valer=a's future needs became a concern. Respectfully yours, Max<=p> A. Max Kohlenberg<=> Howland Evangelista Kohle=berg Burnett, LLP One Financial Plaza =80 Suite 1600 Providence, Rhode Island =2903 Direct: 401.283.123= Main: 401.283.1234<=> Fax: 401.283.1221 mkohlenberg@=ekblaw.com <mailto:[email protected]> www.hekblaw.com chttp://www.hek=law.com/> 2 EFTA_R1_01789331 EFTA02601513

This email and any attach=ents thereto are intended only for use by the addressee(s) named herein an= may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notifi=d that any dissemination, distribution or copying of this email, and any a=tachments thereto, is strictly prohibited. If you have received this=email in error, please immediately notify me by return email and permanently delete the original and any copy of thi= message or attachment. Thank you. From: Noam Cho=sky (mailto:[email protected] <mailto:[email protected]> j Sent: Monday, July 09, 2018 6:26 PM To: Max Kohlenberg Cc: Richard Kahn Subject: Fwd: Marital Trusts - Thanks for the comments. A few more of my o=n, for clarification. In red. I should add that Harry's recent behavior, in=luding this utterly outrageous document, might make it necessary to go to =itigation. The last thing I want, but he may force me to it. 1= necessary, I may have to make public the way the Trustees have handled the Trust since 2009, when I appointed Harry as trus=ee to replace me. Many serious questions. It is the last =hing I want to be driven to, but there are some very ugly things in this p=oposal, not least the very clear implication that Valeria somehow wanted to marry an older man for the money and that she ca=sed the increase of expenses -- easily refuted, it's easily documented=that the cause was diversion of IRA funds for the benefit of the children =nd the exorbitant tax bills resulting. All so disgraceful I'm not going to let it stand.</=> Forwarded message From: Max Kohlenberg <[email protected] <mailto:[email protected]» Date: Sun, Jul 8, 2018 at 5:02 AM Subject: RE: Marital =rusts To: Noam Chomsky <[email protected] <mailto:[email protected]» Cc: Richard Kahn <[email protected] <mailto:[email protected]» Noam —<=u> </=> 3 EFTA_R1_01789332 EFTA02601514

I'm not sure if y=u wanted further comments from me before responding to my message in great=r detail, but I have added a couple of comments below in black text, where it seemed that a reply to your com=ents was appropriate. </=> I will look forward to yo=r fuller response in due course, if you are so inclined, but again noting that while providing me with the financial information that I've a=ked for would be helpful, you may instead want to focus on the subject of =electing my successor, and then to establishing with him or her a better u=derstanding about distributions from the trusts. </=> Maxap> </=> </=> A. Max Kohlenberg<=> Howland Evangelista Kohle=berg Burnett, LLP One Financial Plaza =80 Suite 1600 Providence, Rhode Island =2903 Direct: 401.283.123= Main: 401.283.1234<=span> Fax: 401.283.12214=pan> [email protected] <mailto:[email protected]> </=> www.hekblaw.com <http://www.hek=law.com/> </=> </=> This email and any attach=ents thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. =f you are not the intended recipient of this email, you are hereby notifie= that any dissemination, distribution or copying of this email, and any at=achments thereto, is strictly prohibited. If you have received this email in error, please immediately notify me by =eturn email and permanently delete the original and any copy of this messa=e or attachment. Thank you. </=> </=> From: Noam Cho=sky [mailto:[email protected] <mailto:[email protected]> ) 4 EFTA_R1_01789333 EFTA02601515