Re: your advice

As I wrote = little while ago, I did write a long response to your last -- deeply depr=ssing -- letter, but decided not to send it. I may return to that le=ter later but will keep to some factual matters that ought to be cleared u=. But now I'm writing just about one point, which s=ems to be the core of the problem -- a problem, which, again, I don't =nderstand. But let's put that aside, though I hope we can clear =t up soon. All of this is a painful cloud that I never would h=ve imagined would darken my late years. The core =ssue seems to be the marital trust. I've explained how M and I a=tually set it up with Eric, which seemed to us just plain common sense..=A0 I've also explained Max's different interpretation. l'=ve asked you for yours, but haven't heard it. But let's put =hat aside too, and just resolve the matter, as can be done very simply -- =ith no need for lawyers to explain the fiduciary responsibility of the tru=tee I appointed years ago to replace me, something I never paid any attent=on to before. The simple solution is to divide th= trust into two parts. One part will go to you, to use as you wish.=C2* One part will go to me, for me to use without any investigations of =y financial situation and other such intrusions that I won't accept.=C2. Then the trust can simply be dissolved, and it is all over. So I suggest that we proceed this way, and end the whole m=tter -- at least, whatever it is that I understand about what is of concer= to you.

This is an interestin= idea. We could consider it further, but I would need the advice of =y lawyer — and I assume you would want your own lawyer's advic= as well — to ensure that any agreement we reach is consistent wit= Massachusetts law and satisfies the interests, needs, and obligations of =verybody involved. Perhaps, as a next step, you could ask your lawye= to contact mine and begin a discussion in which we all participate. I'm also curious to hear your thoughts about the pr=posals I suggested in my message on March 29th.

Sorry, I made the same er=or as before. I'm finding it hard to shake the illusion that we =re discussing things within a family, and are not characters in Bleak H=use. I'll try to remember. Below.

I'd like to put toge=her a proposal that I think would address some of your needs and ease our =ommunications. The proposal would give you some additional access to=the trust assets. It would also include appointing a new independent=trustee to replace Max. However, it would not terminate the trust, a=d I would remain as one trustee. Are you interest=d in seeing such a proposal? If you feel that it =ould be a good use of everyone's time, I will work with my lawyer Jill=an to write up an outline of what I have in mind. We will send the o=tline to you and Rich, unless you would prefer we send it only to you. You may want to consult a lawyer to learn more about =hy we can't just terminate the trust and split the assets as you sugge=ted. If your lawyer disagrees with Jillian and feels that such a spl=t would be viable, Jillian would be happy to discuss it with your lawyer.

Letter I would like to send to Harry. I am re-sending the letter below, si=ce it wasn't answered, and I would like to clear up this very painful =ffair -- which I do not understand -- as quickly as possible. To repeat the esse=tials, concerning the marital trust, there are several options discussed i= earlier letters. I won't again review the fact that the marital=trust was set up so that funds would be available to the survivor, with wh=t remains going to the children. Though that is a fact, it seems tha= your interpretation is different, though you have not responded to my rep=ated inquiries about that. But let's put that side. The op=ions seem to be these: 1. You can resign and then you will have no further=obligations and no fears about further liabilities from which you have to =e protected. We can then return to the situation before I appointed =ou as trustee in my place. I will be the trustee. As before, t=ere will be no problems about fiduciary responsibility, no concern about l=ability, no problem about funds that are needed, no lawyers or intrusive i=quiries into finances. Furthermore, you can be assured that after I die most of =he trust will be added to your inheritance. Now that the radical dep=etion of my IRA has been overcome, and I have responsible financial advise=s, there will be limited occasion to access the Trust, and my advisers wil= ensure that there are no distributions from it without my knowledge and t=at other requirements will be honored with regard to interest and other ma=ters. 2. We can adopt your suggestion, le=ving you in charge, in which case you will ensure that the entire Trust wi=l go to you. To repeat the very simple logic, a few years ago, befor= I found out about it, my IRA was being very seriously depleted. Hal= of the mandatory withdrawal was being distributed to family, the other ha=f was being used to pay management fees and taxes for the entire estate.=C24, Therefore, in order to pay Alex's medical bills and expenses for=Wellfleet, I had to make extra withdrawals with an onerous tax payment.4>=A0 And since I also needed something to live on, I had to make still more =ithdrawals, with even further onerous tax payments. At that point I =sked Max to release some funds from the marital trust for tax relief.40=A0 You refused, demanding an intrusive and insulting financial accounting =hat no one with a shred of dignity would accept -- particularly under thes= remarkable circumstances. It follows that any request without such =ery clear justification will also be refused. So you can be assured =f receiving the entire Trust. I also suggested an improvement: you c=n take all of it right now and we can dissolve the Trust. 3. We can p=rsue my suggestion: divide the Trust right now and dissolve it. To r=peat, there are some arcane tax issues, but can easily be resolved,=as your lawyer can explain to you, with common consent among the beneficia=ies -- which means your consent. 4. I will repeat: "I could pursue legal measures to have the trust used in the manner i= which it was intended. I could also look into the disbursements tha= have been made to family members (so I have learned) without informing me= and could look into why I haven't been receiving any income from the =rust for years (until I finally raised the question), and why investments =ere made the way they were done, yielding long-term returns that would be =f no use for me, highly irregular for an elderly person -- which, as I wro=e you, greatly surprised financial advisers I consulted when I finally beg=n to pay attention. And, furthermore, why I never received any state=ents about what was going on for years, until I finally asked what is goin= on with the trust. And perhaps other matters that evidently concern=you, as shown by your request for protection for past actions. =/span>But I haven't yet shifted to your doma=n and still retain some illusions about family relations." These appear to be t=e options. I hope we can settle this quickly. As I have repeat=dly explained with no response, I cannot expect what my father was able to=enjoy, but at least I would like to end this particular horror as quickly =s possible.

N=am wants to send this letter to Harry. What do you think? =br> Valeria=C2?

i would not threaten option 4. I w=uld simply say , send me a detailed proposal . ( this will further n=il his over reach , so let him do it. )