Message-ID: <19279772.1075844962323.JavaMail.evans@thyme> Date: Fri, 20 Apr 2001 03:43:00 -0700 (PDT) From: cindy.stark@enron.com To: stephen.dyer@bakerbotts.com Subject: Re: some questions... Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Cindy Stark X-To: Stephen.Dyer@bakerbotts.com X-cc: X-bcc: X-Folder: \Stanley_Horton_2\Notes Folders\All documents X-Origin: HORTON-S X-FileName: shorton.nsf Please see below responses highlighted in blue. Stephen.Dyer@bakerbotts.com on 04/16/2001 03:49:59 PM To: Stanley.Horton@enron.com cc: david.hill@msdw.com, Adam.Schucher@bakerbotts.com Subject: some questions... We are starting on your drafting work now that we have received the engagement letter. We have a few questions that need answering, as follows: 1. I need David to send me materials on Morgan Stanley Trust Co. so that we can properly designate the right entity by correct name, etc. If they have any suggested or required language for our documents, I need to see that as well. Finally, I need for David to confirm with Morgan Stanley's fiduciary people whether Morgan Stanley can serve as a co-agent under a Statutory Durable Power of Attorney and whether there are any constraints or limitations in doing so that would impact our drafting. David can follow-up directly with me if that suits you. 2. I want to remind you to send me a photocopy of Caron's "old" trust document, so that we may consider whether it fits the current plan and can serve as a receptacle under the current plan. Sending it out today 3. We talked about setting up Debbie and MSDW as co-executor and co-trustees under your Will, with Caron as back-up to Debbie in that position. However, we are also going to create a generation-skipping trust right away for Caron. Who should be the initial trustee(s) of Caron's trust? Debbie and MSDW? or Randy and MSDW? or even Caron and MSDW? and who shoud be back-up? Caron and MSDW 4. You said that Debbie wants to name you as executor and trustee under her will. Who should be your back-up in those roles? If Linda Wehring is Debbie's back-up on Debbie's power of attorney, I would suggest that she also be the back-up executor/trustee, but Debbie may prefer to name Caron. It would be best if Debbie would name at least two successors after you. 1. Caron 2. Linda Wehring (alternate) That's it. Please respond by whatever mode you prefer. I hope email is reasonably satisfactory for purposes of my asking these questions. I tend to start with email because it is so non-obtrusive, but I'm happy to do whatever you prefer. SD