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UNDERPROMISE
and OVERDELIVER
While the entire set of Estate Plan legal documents of the founder is private and not available for
public view, there are certain parts that are pertinent to the future of this
foundation. Summaries of these legal documents are shown below where they relate to:
 | a-the unnatural death of the founder of this Foundation
The
Executor shall make reasonable inquires to ascertain whether or not there is
any reason to believe that my death was due to unnatural causes, including,
but without limitation, murder, abuse, or other harm caused by friends or
foes, but other than those persons enumerated in clause #_ below. If
such a possibility appears to exist, the Executor shall segregate up to
US$_00,000
of my Estate’s funds to be used to investigate, pursue, and then attempt
to have prosecuted any offending individual or individuals. My Executor
shall make all reasonable efforts to cause an official investigation to
commence and to proceed to a legally appropriate conclusion, and recover
appropriate money damages from the offending parties, if possible.
The Executor shall make reasonable inquires to ascertain whether or not
there is any reason to believe that my death was due to medical malpractice
or other inappropriate or deficient medical
or health care, but not by persons or causes
enumerated in clause #_ above. If
such a possibility appears to exist, the Executor shall segregate up to
US$_00,000 of my Estate funds to investigate, pursue, and then cause
appropriate measures to be taken to punish the offender(s) in any way
possible and/or recover monetary damages from them.
This is to be done in any lawful way possible.
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| b-minimum funding guarantees to the foundation
. . .
arrange for the transfer of title to all of the assets in
my Tax Deferred-Retirement
Account directly from that account to my major beneficiary,
the Michael Paul Wein Charitable Foundation, Inc., as its initial endowment;
.
. . if the value at the month-end just after my death of the assets in
the above Account transferred to the Foundation is less than
US$1,000,000, the Executor shall pay the Foundation the
difference between that value and US$1,000,000, so that this clause #__
insures that the Foundation receives at least US$1,000,000 from the combination of
clause #__ and this #___;
. . . Should
the net proceeds from the sale of my House plus other Mexican assets exceed US$1,000,000, any
excess of US$1,000,000 shall be paid to the Foundation in addition to
those amounts paid under provisions of clause #___ (above). Should the
net proceeds described immediately above exceed US$1,500,000, 50% of any
excess of US$1,500,000 shall be distributed to my other beneficiaries and
50% of any excess shall be distributed to the Foundation.
...
After payments of the distributions calculated in clauses ___, 47% of
what then remains of my US Estate shall be calculated and
assets equal in amount to this calculation are to segregated and become known as
the Segregated Assets. If either
of my two siblings are still alive at the time of my death, the income
from their specific share of the Segregated Assets is to be distributed to
either of them in accordance with clause #__
. If neither are still alive at the time of my death, title to
each's specific share of the Segregated Assets
are to be transferred by the Executor to the Foundation immediately.
Specific
shares of specific Segregated Assets are to be transferred to the Foundation at the earlier
of my death or either sibling's death.
There
are also additional clauses that transfer bequests to other named
beneficiaries, but in the event that these beneficiaries are unlocatable or have pre-deceased me,
these bequests go instead to
the Foundation (see immediately below).
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| c-designated beneficiaries who are deceased at the moment of my death. |
. .
In the event that any beneficiary listed in any of clauses #________ does not
survive me, his or her bequest shall be paid in cash to the Foundation. Any
such amounts are to be paid to the Foundation in addition to any values
distributed to the Foundation pursuant to other clauses in this Will
including, without limitation, clauses
#___________________ and ___...
Provision "b-" results in sizeable amounts to be
distributed to this Foundation (at minimum, us$1,000,000) shortly after the death of the
Founder plus even larger amounts shortly after the later of either the
Founder's death or his sister's and/or brother's death). See
funding for the most recent calculations of such amounts if his death were to occur on
the recent dates shown (the most current calculation is shown in the right-hand column at the bottom of
that table). Provision "c-" may provide additional sums (large
or small) depending upon the beneficiaries and percentages involved and whether
or not they pre-decease the Founder.
| d-restrictions
on the use of the endowment
bequeathed to the Foundation including instructions regarding the future operations of the Foundation |
Schedule C: Conditions on the use of all bequests to The Michael
Paul Wein Charitable Foundation, Inc.
The Settlor’s (Michael Wein is the
Settlor) predominant reason for establishing the Foundation was to initially
promote, and later ensure, transparency and full disclosure of both finances and operations of
each of the Foundation’s grantees that are operating in Mexico, as well as
promoting and implementing procedures necessary to maintain continuity of the
missions and operations of such grantees in a retirement community where
turnover of grantee and Foundation personnel is by necessity constant and
continual. Therefore, all bequests of securities or other payments of value to
the Foundation are forever subject to the requirements for the operation of the
Foundation specified in the following documents.
Should any conflict appear to exist between and/or among the provisions
of these documents, their intent and meaning shall be construed in the following
order of priority:
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Articles
II, VII and VIII of The By-Laws of the Foundation |
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All other Articles of the Foundation’s
By-Laws |
| The
provisions of this (The Michael Wein Trust Agreement) trust agreement |
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The
pages on the web-site of the Foundation (currently at www.mpwinsma.com/)
or any successor web-site in this order: |
In addition to the above
Schedule C, restrictions on all Bequests from the Michael Wein Trust to the
Foundation, Sch. B, clause #1 (summarized below - the Trust Agreement is much
more specific in each detail) of the Trust specifies just how the above
restrictions are to be implemented after Michael Wein's death.
1.
The Foundation will receive bequests pursuant to this Agreement.
All such bequests shall be forever subject to the conditions which govern
the operation of the Foundation and which define the actions that are required
of the Foundation’s officers and/or trustees after Michael Wein’s death.
Should the Foundation or its Trustees fail to comply with these
requirements, two alternative beneficiaries, the American Civil Liberties Union
Foundation and Rider University, shall receive such bequests. It is the
Settlor’s intent that, in the event that the Foundation violates the
requirements of Schedule C, above, ACLUF and/or Rider University shall institute
appropriate action to obtain a determination as to whether or not the Foundation has
violated such requirements and to compel the transfer of the
Foundation’s assets to the ACLUF and Rider University. This
appropriate action is authorized by this Trust Agreement upon the discovery
by the ACLUF and/or Rider University of what appear to be violations of Articles
II, VII and/or VIII of the Foundation’s corporate by-laws or other provisions
specified in Schedule C.
To enable the ACLUF and Rider University to be
sufficiently informed to enforce the provisions of the above clauses, the
Foundation’s Trustees shall send annually to both the ACLUF and Rider
University a copy of the Foundation’s annual financial statements (including
the annual report to the USA’s Internal Revenue Service) and the minutes of
all board meetings as well as a copy of each grantee’s annual financial
statements, each grantee’s annual signed certification letter which
describes each grantee’s adherence to the Foundation’s requirements for,
among other things, transparency and continuity (both of which are discussed in
"e-below"), and any other annual report that each grantee is required
to submit. The
Foundation’s Trustees shall also be required to answer any reasonable
questions that the ACLUF or Rider University has regarding the information, or
lack of it, disclosed on such annual materials.
For your
information, where necessary, the following addresses should be useful: American
Civil Liberties Union Foundation, 125 Broad St., New York NY 10004-2400;
and Rider
University, 2083 Lawrenceville Road, Lawrenceville NJ 08648-3099
e-the continuity of
the mission and operations of this Foundation as well as that of its grantees The continuity of the mission and operations of this Foundation
as well as that of its grantees is discussed
further on the trustees page in (section
#10-guarantees) and (#11-changes after Founder's death) and other places on
this web-site. It is a fact that in such a semi-retirement community as this
is, successor generations of administrators of both the Foundation and its
grantees often wish to change missions and operations that were in effect when the
Founder approved the individual grantees.
If such changes to either mission or operations are significant, the certification shall be withdrawn and grants
shall cease. We never meant and still do not mean to control your mission or your operations, but we
did, in fact, set the amounts of our future grants based upon a set of
circumstances and facts that may no longer be applicable. All methods, instructions, and other requirements under the
general subjects of transparency of both finances and operations of each grantee
as well as those for maintaining the continuity of mission and operations of
each grantee refer to the Founder's original desire that this Foundation (and
certainly all of its grantees, too) maintain an open and transparent
environment regarding its financial operations (see financials-example,
among other pages) so as to ensure the continuity of all organization's
missions (as well as the continuity of its operations from administrative generation to generation)
in a manner consistent with the operations prior to the Founder's death and
(in the case of all grantees) in a manner consistent with the operations at
the time the grantee was approved for ongoing grants
The Founder provided methods and controls assuring independent outside
oversight of the Foundation and its operations. The trustees
page (section #14) elaborates on this.
The Founder also provided methods and procedures to be followed in the event of
any default under any of the above restrictions or requirements regarding the
termination of the Foundation’s operations and the disposition of the
endowment. The trustees page (section #14) elaborates on
this as well. The Founder also described methods and procedures to replace the Foundation’s
Founder as both Trustee and as an officer after his death or disability:
By-laws
Article IV - Trustees clause #5 states " After
the death or disability of the Foundation’s Founder, a replacement Trustee
for the Founder shall be selected by the remaining two Trustees from a list of
names provided by the Founder. The Trustee who replaces the Founder, together
with the two other Trustees, shall then elect one person to fill each of the
following offices: President ,
Treasurer, and Secretary, so that each of the three offices is filled by a
different Trustee."
---- This list of names, together with a procedure
to be followed, shall be found in the
Founder's Estate Papers in a file called "List of Names Provided by
Founder as Replacement Trustee.doc"
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