The Gaetane Gagnon Trust — Full Document
WHAT YOU ARE ABOUT TO READ
This is the Amended and Restated Revocable Living Trust of Gaetane R. Gagnon, drafted by Foster S. B. Friedman, Esq. of Friedman, Grimes, Meinken & Leischner, PLLC, 616 North Washington Street, Alexandria, VA 22314. It was signed on June 27, 2024.
Read it carefully. Then ask yourself how this happened.
THE MAN BEHIND THE DOCUMENT
Foster S. B. Friedman wore three hats when this trust was created:
1. He was the drafting attorney — he wrote every single word.
2. He was appointed Trust Protector (Article XII) — granted sweeping powers over the trust, exercisable without notice to any beneficiary and without court approval.
3. He was the Notary Public who notarized Gaetane Gagnon’s signature — on the very document he drafted and controlled. His stamp: FOSTER S. B. FRIEDMAN, NOTARY PUBLIC, REG. #255137, COMMONWEALTH OF VIRGINIA.
That is not standard legal practice. That is a closed loop — designed, executed, and sealed by one man.
WHAT THIS TRUST PROMISED VALERIE GAGNON
Gaetane R. Gagnon’s daughter, Valerie Gagnon, is the 100% beneficiary of this trust. The document uses the word “SHALL” — a mandatory legal obligation — twice in Article IX:
— The Trustee SHALL distribute ALL net income to Valerie Gagnon quarterly.
— The Trustee SHALL distribute 5% of trust principal to Valerie Gagnon every January 15th.
The trust states explicitly: “It is Settlor’s specific intention that the Trustee administer the Trust to ensure that the needs of VALERIE GAGNON are provided for during her lifetime without any concern whatsoever for the interest of any remainderman.”
Gaetane Gagnon put her daughter first. In writing. Signed and notarized.
WHAT THIS TRUST GAVE FRIEDMAN
While promising everything to Valerie Gagnon, this document simultaneously granted Foster Friedman:
— Sole and absolute discretion over virtually every decision — appearing in nearly every article.
— No liability to any beneficiary — repeated throughout the document.
— No obligation to audit prior trustees’ records.
— The power to sell any real estate to anyone, at any price he chose, with no duty of disclosure to any beneficiary (Article XIV).
— The power to engage in self-dealing — explicitly permitted to transact business in which he has a personal interest (Article XIV).
— Trust Protector powers (Article XII) to remove and replace trustees, modify trust provisions, and move the trust to another jurisdiction — all without notifying beneficiaries or seeking court approval.
— The right to collect tax refunds on Valerie Gagnon’s behalf and retain them within the trust under his control.
THE CONTEST CLAUSE — THE TRAP
Article XV contains a no-contest clause: if any beneficiary attempts in any manner, directly or indirectly, to contest or oppose the validity of this agreement, that beneficiary forfeits their entire share and is deemed to have predeceased the Settlor.
He built a trap into the document: challenge it and lose everything.
THE BURKE & HERBERT CONNECTION
Burke & Herbert Bank and Trust of Alexandria, VA is named as the successor Trustee upon Gaetane Gagnon’s disability or death. Separately, a Burke & Herbert Wealth Management investment account in Gaetane Gagnon’s name shows that between December 2023 and April 2025, nearly $287,000 was withdrawn from the account — while the investments themselves gained $156,744. The account lost $130,207 in total value despite positive returns.
Friedman drafted the trust. Burke & Herbert held the money. $287,000 left the account.
THE QUESTION THAT DEMANDS AN ANSWER
The trust required mandatory quarterly income distributions and mandatory 5% annual principal distributions to Valerie Gagnon every January 15th.
Did Foster Friedman ever make a single mandatory distribution to Valerie Gagnon?
Read the document below and judge for yourself.