the  m p w c Foundation,  inc. 

founders will
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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, or damage to, the founder of this Foundation
b-minimum funding guarantees to the Foundation
c-designated beneficiaries who are deceased at the moment of founder's death
d-restrictions on the use of the endowment bequeathed to the Foundation including instructions regarding the future operations of the Foundation
e-the continuity of the mission and operations of this Foundation as well as that of its grantees

 

a-the unnatural death of, or damage to, 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."

The causes of "the unnatural death and/or damages" are discussed in greater details on many pages of this website and specifically spelled out in point #10 (in items g. thru j.) on the trustees page.

b-minimum funding guarantees to the foundation

". . . arrange for the transfer of title to all of the assets in my Tax Deferred-IRA/rollover Account directly from that account to my major beneficiary, the Michael Paul Wein Charitable Foundation, Inc., as its initial endowment;

". . .  if the value 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 or either 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. Specific shares of specific Segregated Assets are to be transferred to the Foundation at the later 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).

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-" (above) 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 (note that 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 or to its Grantees 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:

Articles II, VII and VIII of The By-Laws of the Foundation

All other Articles of the Foundation’s By-Laws

The provisions of this (The Michael Wein Trust Agreement) trust agreement

The pages on the web-site of the Foundation (currently at www.mpwcf.org/) or any successor web-site in this order:

"Goals & Mission” page as well as its underlying page, “beliefs”;

Our trustees” page as well as its underlying page, “subsequent changes”;

The "critical", "continuity", "transparency" and "correspondence" webpages;

The ”allocations" page which now takes precedence over partially superceded directions on the the below "certified_grantees" and "specifics" pages.

Certified_grantees” page and next its sub-underlying page "specifics";

Templates” and its underlying pages “due Oct 31st”, “due Nov1-Jan15”, and “due Jan 31st

Ongoing requirements” page and next all of its underlying pages and links (but, most importantly, the “financials-example” and the "annual certification” pages and the Checklist (summary) and

 Any and all other pages of the web-site, or successor web-sites, are next to be considered only to the extent that they elaborate upon any of the foregoing documents.     The most important of these other pages can be found on  the “Site_Map” web-page and are marked with a large red (C)”.

The restrictions placed upon the distribution of any or all of the Foundation’s funds shall be foremost in the Successor Trustee’s considerations, especially regarding any damages or other harm to the Founder himself caused by individuals or medical practitioners,  These restrictions are explained on various pages of the Foundation’s website.

In addition to the above Schedule C, restrictions on all Bequests from the Michael Wein Trust to the Foundation, Sch. B, clause #1 of the Trust specifies just how the above restrictions are to be implemented after Michael Wein's death.  This reads as follows:

1. The Michael Paul Wein Charitable Foundation, Inc., a Texas corporation (hereinafter, the “Foundation”), will receive a number of bequests pursuant to this Agreement including, without limitation, those specified in this Schedule B’s clauses #3, #4 and  #6, and possibly more bequests as a result of the operation of this Schedule B’s clauses #2a,  #2b,  #9, #12,  #13 and #14, as well as the entire net Mexican Estate bequeathed under the aforementioned Mexican Will.  All such bequests shall be forever subject to the conditions and provisions 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 or the Foundation’s Grantees, appear to have substantially failed to comply with these requirements, two alternative beneficiaries, The American Civil Liberties Union Foundation (hereinafter, the “ACLUF”) and Rider University, shall receive whatever remains of such bequests. It is the Settlor’s wish and intent that, in the event that the Foundation, or any Grantee, appears to have substantially violated the requirements of Schedule C, below, which hereby is incorporated into and made a part of this Agreement, the ACLUF and/or Rider University, acting together or separately, shall institute  action to obtain a determination as to whether or not the Foundation or any Grantee has, in fact, substantially violated such requirements and, if so, to  receive a final, unappealable order from the Successor Trustee to the Foundation to transfer the Foundation’s or that Grantee’s assets to the ACLUF and Rider University, dividing all funds recovered from the Foundation with 2/3rds of the recovery going to the ACLUF and 1/3rd going to Rider University. This action is authorized by this Trust Agreement to enforce the provisions of Schedule C, below.

1a.  In the event that the ACLUF and/or Rider University believe that the Foundation or any of its Grantees has substantially failed to comply with the requirements of Schedule C, below, it/they may commence an action by submitting a written statement disclosing all details forming the basis for alleging that the Foundation  or any of its Grantees has substantially violated the requirements of Schedule C, below, to the Trustee of this Trust.   Simultaneously, they shall send a copy of the written statement  to the Foundation’s Trustees and a copy to the editor of Atencion, the local bi-lingual newspaper of the Biblioteca Publica (hereinafter, “Atencion”) of San Miguel de Allende. Gto., Mexico. The Foundation’s Trustees or the Grantee’s administrators shall respond to the allegations in writing to the Trustee of this Trust, with copies to the ACLUF and Rider University and Atencion, within 60 days after the Foundation’s or the Grantee’s receipt of the statement. The Trustee of this Trust shall then evaluate the claims made in the statement of allegations and the Foundation’s or the Grantee’s response thereto to determine whether or not it appears to him that the Foundation or the Grantee has substantially violated the requirements of Schedule C, below.  The Trustee shall attempt to mediate the differences among the parties.  However, if the mediation fails to provide an agreement among the parties, the Trustee is authorized to mandate a settlement that meets the Trustee’s own interpretation of the Settlor’s intent and the Trustee’s decision shall be final and unappealable. To prevent a potential conflict of interest, in the event that the Trustee of this Trust is currently serving as one of the Trustees of the Foundation, an impartial arbiter shall be  chosen by the Trustee  from a  list of potential Arbiters provided by the Settlor during his lifetime.   The Settlor’s intent and wishes for handling this possibility are set forth in greater detail in the LOI&I to this Trust Agreement, as is also his list of potential Arbiters.

1b.   If this Trust and the Estate of Michael Wein have been closed before any such  action is commenced, and no Trustee for this Trust nor any Executor of the Estate is serving at that time, the above-described list of potential Arbiters which has been filed with the Estate papers shall be used in  this action.   If the Foundation has been dissolved before any such action is commenced, the above-described list of potential Arbiters shall be used as well.

1c. To enable the ACLUF and Rider University to be sufficiently informed to enforce the provisions of the above clauses, the Foundation’s Trustees or its Grantees 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 meetings as well as a copy of each grantee’s annual financial statements and 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. Not to conflict with the above instructions but to augment them, each Grantee shall submit annual input in accordance with the three “due (date) buttons” provided at the top of the Foundation’s webpage http://www.mpwcf.org/templates.htm. The Foundation’s Trustees or its Grantees shall also be required to answer any reasonable questions that the ACLUF or Rider University has regarding the information disclosed on such annual materials.  Where email is a possibility, email (with appropriate attachments) may be used instead of other methods of delivery of communications.

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 grants shall cease. We never meant and still do not mean to control your mission or your operations, but we did in fact, from the very beginning, base the amounts of our grants upon a set of circumstances and facts given to us by your organization that may no longer hold true today due to significant changes made by your organizations.

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 webpage (sections #10g and #14) elaborates on this as well.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Underpromise and Overdeliver”

Some, but not all, pages on this web-site were selectively modified as recently as the date shown at the bottom of the MPWCFoundation home web-page. This entire web-site is copyrighted © 2000-2016 by The Michael Paul Wein Charitable Foundation, Inc  

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