From: Noam Chomsky <
Sent: Sunday, October 29, 2017 9:02 PM
To: Jeffrey E.; Valeria Chomsky
Subject: Re: trust

Will take it step-by-step. And will see ho= things work out.

Now getting settled in Tucson. Or to =e more accurate, Valeria is open boxes and putting things in order. = volunteer now and then but she says I just get in the way. Any chan=e of a visit?

Noam

=/div>

On Sun, Oct 29, 2017 at 11:20 AM, jeffrey E. jeevacation=gmail.com <mailto:jeevacation@gmail.com» wrote:

it is simple if the children agree. it is disturbing a=d problematic if they dont

On Sun, Oct 29, 2017 at 2:17 PM,=Noam Chomsky < <mailto > >
wrote:

Thanks for the informative letter.=C2* I would appreciate it if you could craft a letter, as you suggest, w=ich I will use to contact all three children.

</=iv>
Thanks

Noam

Forwarded message From: Deborah Pechet Quinan < Dat=: Fri, Oct 27, 2017 at 4:56 PM Subject: Fwd: trust To: Noam Chomsky =lt;nchomsky3@gmai=.com <mailto > > Cc: "valeria.chomsky@gmail.com <mailto:valeria.chomsky@gmail.com> " <valeria.chomsky@gmail.com <mailto:va=eria.chomsky@gmail.com»=, Gene Landy <gkl@riw.=om <mailto:gkl@riw.com»

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 drafts of your estate planning documents. O=ce I have sent the memo to you we can discuss your thoughts and we can the= respond to Max. Unfortunately this is a difficult situation, not simple a=d straightforward, because of the terms of the trust and fiduciary law applicable to trusts. Please see my e=ail 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, please refer to my email of 10/=7 where I summarize the trustee removal, resignation and appointment provi=ions. The trustees can both resign at any time. They appoint successors su=ject 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 =hildren. Do you think your daughters would agree to remove Max and Harry? 4 so you could then appoint a successor. You would need to find an independent trustee. I can help you craft = letter to your daughters if you think they might agree to do this. adiv>

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 the power. However this would likely n=t 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 wh=t level of detail would satisfy him; however, if my understanding is corre=t 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.t>=A0

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

Sent from my iPhone. Please excu=e brevity and typos.

Begin forwarded message:

Email from Max Kohlenberg to Noam Chomsky.
Date: October 27, 2017, at 1:21:50 PM EDT.
CC: Deborah Pechet Quinan, Esq.
Subject: Re: trust

Hello Noam -

I'm afraid I cannot send the money you have requested without furt=er discussion with you and I also feel I cannot have such a discussion wit= you without Deborah's knowledge and participation, as she is your att=rney. Please also note that any distributions from the trusts would also involve Harry, who is the co-trustee of the tru=ts.

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.

Thanks,

Max

Sent from my Verizo=, Samsung Galaxy smartphone

Email correspondence:

*   **From:** Noam Chomsky
*   **To:** Max Kohlenberg
*   **Date:** 10/27/17 5:14 PM (GMT+00:00)
*   **Subject:** Fwd: trust

There seems to be some confusion. I was responding to your lette= of Oct. 16, in which you said you would be getting back to me the next da=. That was the last time we were in touch. Since I didn't =ear from you, I wrote again, last night.

My letter to you explained the reasons for my request for a distributi=n from the marital trust. To repeat, "I would like to get on wi=h my life and work without delay. I've worked hard for 70 years,=put away a substantial sum of money. I surely have the right to access it."

I don't see what further explanation is necessary, or why it is ne=essary to bring Deborah into this. I could add that as I approach 90= having worked hard for 70 years and put away a substantial sum of money, = not only have the right to some peace and tranquillity to go on with my life and work, but also to do so without fac=ng an inquisition.

If you are unable to transfer the money this week , could you please detail=for me the reasons
behind the decision.

Thanks,

Noam

---------- Forwarded message ----------
From: Max Kohlenberg &l=;████████████████████████ <mailto:████████████████████████>
>
Date: Wed, Oct 25, 2017 at 10:55 PM
Subject: RE: trust

To: Noam Chomsky <| <mailto:
Cc: Deborah Pechet Quinan < <mailto:

Good morning (from S=otland) Noam —

=/span>

When we were last in=touch on this I replied with a cc to Deborah (who I have copied agai= here) and I understood that you, she and Valeria had discussed my need (as trustee) to know something more about the background for this =equest and your anticipated needs going forward. Deborah got back to=me and indicated that the call she and I had tentatively scheduled was bei=g cancelled.

=/span>

If you would like me=to reschedule a call with Deborah, or a meeting, I'd be glad to do=that. I'll be back on Tuesday.

=/span>

My best,</=>

=/span>

Max

=/span>

From: Noam Chomsky=[mailto:nchomsky3=gmail.com <mailto >1
Sent: Thursday, October 26, 2017 6:43 AM
To: Max Kohlenberg
Subject: Re: trust

I didn't hear from you about this, and would lik= to what is happening in this matter. I would like to get on with my=life and work without delay. I've worked hard for 70 years, put =way a substantial sum of money. I surely have the right to access it. Could you let me know where this stands.<=>

Noam

On Mon, Oct 16, 2017 at 9:55 PM, Max Kohlenberg <=a href="mailto:" target="_blank">:> wrote:

Thanks for the quick reply Noam. I will get ba=k to you tomorrow.

Max

# S=nt from my Verizon, Samsung Galaxy smartphone

Original message

From: Noam Chomsky <blackened out><mailto:nchomsky3@g=ail.com>>

Date: 10/16/17 9:14 PM (GMT-05:00)

To: Max Kohlenberg <blackened out><mailto:MKohlenberg=hekblaw.com>>

Subject: Re: trust

I meant $500,000.

Noam

<u>On Mon,</u> Oct 16, 2017 at 9:00 PM, <u>Max</u> Kohlenberg <=a href="mailto target="_blank" > wrote:

Forgive me for asking Noam, but did you mean $500,00=, or $50,000?

Thanks,

Max

# S=nt from my Verizon, Samsung Galaxy smartphone (cont.)

# S=nt from my Verizon, Samsung Galaxy smartphone (cont.)

## 5=nt from my Verizon, Samsung Galaxy smartphone

Original message

From: Noam Chomsky <blackened out><mailto:nchomsky3@g=ail.com>>

Date: 10/16/17 6:44 PM (GMT-05:00)

To: Max Kohlenberg <blackened out><mailto:MKohlenberg=hekblaw.com>>

Subject: trust

Dear Max,<3=u>

=/span>

I would like to ask =or a distribution from one of the marital trusts, for $500,000, to deal wi=h current expenses of mine.

=/span>

Thanks for your cons=deration

=/span>

Noam</=pan>

=/span>

=/span>

NOTICE: This email with its attachments, if any, is intended solely for per=itted use by authorized recipients. If you are not an authorized recipient=of this email, your retention, transmission, disclosure, or

# S=nt from my Verizon, Samsung Galaxy smartphone (cont.)

## 5=nt from my Verizon, Samsung Galaxy smartphone (cont.)

use of this em=il is prohibited. If you received this email in error, please notify the sender and delete this email and it= attachments from your devices and systems.

=C2 please note

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