Re: update
Talked to Vincent today. He said that he had been contacted by Max's lawyer -- apparently some big shot insurance lawyer -- who wanted to move towards a settlement out of court, and felt he could bring Harry's lawyer into this. Vincent's own proposal turns out to be what you suggested some time ago, and then I proposed to Harry without response: to arrange to divide up the Trust and then liquidate it. We said OK. He wants to consult a tax lawyer to look into what's involved in closing the Trust. We told him that the only person we trust in this matter is Richard Kahn, and we would therefore consult with him along the way and want him to be apprised of what's taking place.
Welcome back. Please pen a letter to us for negotiations. It should be an article as if you are writing it for the Boston Globe about being taken advantage of by a trust and estate lawyer in your later years. It is the most important letter for Valeria's future, so take some time. Make it tough.
I wonder whether this is really the right thing to do now. Vincent seems to feel that a settlement is possible that will end the matter of the trust on essentially the terms I proposed (at your suggestion) some time ago. Wouldn't it make sense to see if this can proceed before writing a letter, which would essentially repeat what is in our petition we filed, which reviews all the facts.
The letter will not be sent. Trust me. It is for show only.
This is a letter that would make the insurance company nervous. If it were to be released, so make it strong.
Let me see if I understand. You're suggesting that I write a letter that reviews the failures of the Trustees to provide relevant information about distributions from the trust, including the obligatory distributions to me (which we have no record of receiving)? Anything else? To whom should the letter be addressed?
Shouldn't I consult with Vincent before doing anything? Don't want him to feel that I'm making an end-run around his efforts on our behalf.
Since he is not answering any of my questions, I do not know how to proceed. Should I consult with Vincent first? Just fire him and start on a new tack?
This is a warning to others in the winter of their lives. I took comfort in hiring an allegedly reputable trust and estate lawyer to minimize my estate taxes when the exemption was much lower. I made provisions for my new wife. I wanted to ensure that she would not have any financial worries if something happened to me. Max Kohlenberg was that lawyer. I trusted that his advice regarding my distributions, his management, and his judgment would be fair and thoughtful as I, like many, have children from a first marriage and a new wife. My children, one of whom, when my first wife passed, I was too distraught to deal with financial issues. Having my son and a Boston attorney was supposed to be my protection. However, when it came time even to ask for my income taxes to be paid, my attorney at my son's request demanded that I tell him how much money in gifts I gave to my wife BEFORE they would pay my income tax.
Leaving me no alternative but to access at double taxation money from my IRA account. I'm writing this as a public service to those that may be thinking about providing for their loved ones.
