In October 1938, Johanna and Ernest were able to obtain visas to the United States; however, Max was denied due to old court charges that he was nevertheless exonerated from. On Kristallnacht, the synagogue that Max has been caring for was burned, and he traveled to Dauborn, Germany to hide with his in-laws. He was found and sent to Buchenwald for two months.

In 1939, Max secured passage to Cuba on the St. Louis but the ship was turned away from Cuba, the United States, and Canada. Great Britain, France, Belgium, and the Netherlands each admitted a percentage of the passengers, Max ending up in France. He ended up working as a butcher with the French Foreign Legion until he was betrayed and deported to Drancy Concentration Camp. On September 9, 1942 he was transferred to Auschwitz where he perished.