Fwd: trustee

Max,

Could you confirm formally to Harry that you agree to stand down as Trustee, as you informed Richard Kahn.

Thanks.

Noam

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Good morning Noam

I'm afraid that Rich may have misunderstood me in our conversation with respect to my serving as trustee of the marital trusts. What I said to Rich was that I would never want to serve as trustee of a trust if the beneficiaries did not wish me to serve as trustee, and I was explicit in stating that I would resign as trustee of these trusts if you and your children no longer wish me to serve as trustee. I'm sorry if there was some misunderstanding between Rich and me, but I have not asked your children if they wished me to resign and have not (as of yet) given consideration to whether or not I would resign if you wish me to resign and one or more of your children wishes me to continue to serve as trustee.

As you will note, I am again copying Deborah on our exchange.

Thanks,

Max

Dear Noam and Richard,

I wanted to let you know that I am in receipt of both Rich's email of yesterday evening requesting that I prepare documentation to replace Max as the independent trustee with Richard based on Richard's discussions with Max and Noam, and of Max's email below. (Rich please review Max's email, below.)

My advice: let me write to Max and request that he responds within a week to Noam's request that he resigns. If the response is not positive, I suggest that we move back to the plan Noam and I had established on October 29th and which was on hold, i.e. that I help him craft a letter to his children requesting that a majority of them agree to remove Max. Please recall that removing Max is an option if he is not willing to resign, but that requires that a majority of Noam's children participate in the removal. Barring that, we would need to institute a court action to remove him, which I am sure everyone hopes to avoid. Noam please let me know if you agree with the plan I have outlined above.

Richard, assuming we are able to resolve this issue in the short term please let me know under which provision of the independent trustee definition in the trust you qualify.

Based on Max's response below I believe we are at a point where all communications should be between me and Max regarding this issue. Richard this is because you are not Noam's attorney and I need to establish the case directly with Max, as Noam's counsel, as to why he needs to resign, as I build my file. I intend to set forth the manner in which the trust has been administered in this regard, if we have to get to that point, and I will get input from all of you on this issue.

I look forward to hearing from you both regarding the issues I have raised above and to receiving specific direction from Noam.

Best,

Deborah

After just speaking with Richard, Deborah wrote asking whether we should proceed with the plan outlined in her letter of Nov. 13 included below. The first step would be for her to write to Max requesting him to respond to my request that he resign. I think this conforms to your advice. Shall I tell her to proceed with this in the way she proposes?

Noam