the m p w c Foundation, inc.
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:
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.
"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:
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
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
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”
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