Fwd: Scheduling a call

Dear Harry,

I am writing to introduce myself, and to schedule a call with you to discuss the change of independent trustee that your father desires with respect to the Carol Chomsky Marital Trusts. As you may know, I represent your father with respect to his beneficial interest in the Trusts, and I represent your father and his wife with respect to their estate planning matters.

Your father has asked Max Kohlenberg to resign and he has agreed. Under the terms of the trust you are to make the appointment of the successor independent trustee, subject to your father's approval.

Are you available to speak on Monday between 8:00 a.m and 11:30 a.m. Eastern or between 2:00 p.m and 5:00 p.m. Eastern, or after 8:30 p.m. Eastern, or on Tuesday any time at your convenience except from 2:00 - 3:00 p.m. Eastern? Please send me a time on Monday and Tuesday that is mutually convenient.

I look forward to hearing from you at your earliest convenience.

Thank you,

Deborah Pechet Quinan, Esq.

Thank you Max. I did not feel it necessary to include the fact that a successor that is agreeable to Harry and Noam needs to be appointed as I felt that to be obvious since Harry has the appointment power subject to Noam's approval.

Harry now that Max has offered this clarification please send me your availability to talk at a mutually convenient time on Monday and Tuesday.

Thank you,

Deborah

Sent from my iPhone. Please excuse brevity and typos.

Harry and Deborah —

I am not sure how this misunderstanding has arisen but what I said to Harry and Rich in our call on Monday and what I said again to Deborah and Rich yesterday is not fully captured by the statement that "Your father has asked Max Kohlenberg to resign and he has agreed." What I said in both of those calls is that I have agreed to resign if Noam and Harry wish to name a successor to me and are in agreement as to who that successor should be. Thank you for giving me the opportunity to clear up this misunderstanding.

Max A. Max Kohlenberg
Howland Evangelista Kohlenberg Burnett, LLP
One Financial Plaza Q=93 Suite 1600
Providence, Rhode Island 02903
Direct:
Main:
Fax:
www.hekblaw.com http://www.hekblaw.com/

This email and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments 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 this message or attachment. Thank you.

Thank you Max for the clarification.

Deborah, I'd be happy to talk to you about the question of who should serve as my co-trustee. I would need guidance from someone who is an expert in trust law and administration. Since Max cannot fill that role in this particular conversation, I will need to find another professional to advise me. I will begin my search process right away. When I have found someone, I will send a message of introduction to both of you and we can begin looking for a time that we can all talk.

I will get back in touch with you soon.

-- Harry

I have not heard from Max that he has decided to resign. The last time I was told (by Noam, citing Richard) that Max had decided to resign, it was not the case.

Max, will you please clarify your intentions?

Deborah, I'd like to offer an update on my preparation for the call we are considering. I am still looking for a professional who can advise me during the call. I hope to write to you again with more concrete information soon.

Harry,

Even though I do not represent you I would like to facilitate your understanding of the terms of the trust which are very straightforward relative to your appointment duties. Please let me know if you have a copy of the trust that contains the appointment powers. In the interest of moving your father's desires forward may we please schedule a call for this week. It is imperative that we do so for a number of reasons which I can explain when we speak.

Deborah

Sent from my iPhone. Please excuse brevity and typos.

Yes, I have a copy of the trust and I understand the procedure for selecting a trustee to replace Max should that become necessary.

Can you say more about why it is imperative for us to speak to each other this week in particular? Is the topic of the call simply to consider the possibility of seeking a different co-trustee? If so, I'm not sure where the time pressure is coming from.

If you need to tell me something and don't want to wait until I have established a relationship with a new attorney who can assist me during a call, perhaps you could send me the urgent information by e-mail.

Dear Harry,

I would welcome a call tomorrow. I have a client meeting at 8:00 a.m. Pacific but I should be available at 10:30 Pacific (1:30 p.m. Eastern). Please let me know if that works for you and if so a good telephone number to reach you.

Thanks,
Deborah

Deborah Pechet Quinan, Esq. LL.M.
Shareholder
Chair, Trusts & Estates Group
255 State Street, 7th Floor | Boston, MA 02109
Direct:

Assistant - Jayne Mahoney:
Office: -
e-mail:- | www.riw.com | BIO

Deborah, I understand you and Max have been discussing the marital trusts during the past few days. Do you still feel it is urgent for you to speak to me on the phone separately from Max? I don't yet have a new lawyer to advise me, so I probably won't want to respond to your ideas or answer your questions over the phone. However, if you'd like to have a call in which you tell me what's on your mind and I just listen and promise to respond later, we could do that tomorrow (Friday). I'm free all day, starting at 8am Pacific time.

Richard Kahn
HBRK Associates Inc.
575 Lexington Avenue 4th Floor
New York, NY 10022
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