Faculty Course Information

Webcam

Practicing Attorneys' Guide to Drafting Trustee Provisions

Tips From the Pros and Lessons From Case Law

Division
NBI (100448)
Event Date
06/25/2025
Event Time
12:00 PM - 3:15 PM EDT
Event Planner
John Coker
Email
john.coker@nbi-sems.com
Phone
(866) 315-0265

Program Description

Tips From the Pros and Lessons From Case Law

Clearly outlining the powers and responsibilities of a trustee determines the future course of the trust and the entire estate plan. This CLE program offers trusts and estates professionals an opportunity to enhance their skills in drafting fiduciary provisions that allow for flexibility and ensure effective management of trust assets. Get practical guidance for clearly outlining the selection, appointment, and removal of trustees; clarifying their powers; and addressing potential disputes and conflicts. Register today!

  • Help clients choose trustees who are the best fit.
  • Grant trustees enough discretion to achieve trust goals while ensuring sound management.
  • Tailor your trust drafting to specific client needs.
  • Come away with sample trust language to power up your skills.
  • Review recent court rulings shaping trusts practice.

Who Should Attend

This trust drafting guide is designed for attorneys. Accountants, tax professionals, fiduciaries, and paralegals will also benefit.


Course Content

  1. An Update on Laws and Rules Governing Trustees
  2. Drafting for Special Assets and Purposes
  3. Selection and Appointment of Trustees
  4. Drafting Tips for Defining the Powers and Duties of Trustees
  5. Disputes and Removals of Trustees: Lessons From Recent Case Law

Agenda / Content Covered

All times are shown in Eastern time.
  1. An Update on Laws and Rules Governing Trustees
    12:00 - 12:30, Brenton D. Hill
  2. Drafting for Special Assets and Purposes
    12:30 - 1:00, Brenton D. Hill
  3. Selection and Appointment of Trustees
    1:15 - 1:45, Joseph A. Romano
    1. Appointment of Corporate vs. Individual Trustees
    2. Successor Trustee Provisions
    3. Co-Trustees: How Key Decisions Are to Be Made
  4. Drafting Tips for Defining the Powers and Duties of Trustees
    1:45 - 2:45, Andrew J. Peterson
    1. Trustee Standard of Care
    2. Investment and Management of Assets and Income
    3. The Extent of Discretionary Powers
    4. Accounting and Recordkeeping
    5. Drafting Errors and Their Consequences
  5. Disputes and Removals of Trustees: Lessons From Recent Case Law
    2:45 - 3:15, Andrew J. Peterson

Materials Due Date: 05/21/2025


Materials

You must include the sample trust provisions of your choice with your materials. Attendees love forms! If you can think of any templates, checklists, letters, agreements, provision language, reports, and legal and tax forms that are appropriate for your topic – you are encouraged to provide them.

Event Materials Support

Email: eventmaterials@nbi-sems.com

Phone: (800) 777-8707



Brenton D. Hill is an attorney at McMahon Surovik Suttle, P.C. where his practice now focuses on estate planning, probate, trust administration, business and commercial law, entity formation and governance, and oil and gas matters. He earned his B.A. degree, summa cum laude, from Baylor University and his J.D, degree, magna cum laude, from Baylor University School of Law.

Andrew J. Peterson is an attorney at Larkin Hoffman Daly & Lindgren Ltd. where he represents clients in estate planning and administration matters. He guides individuals and families in transferring their wealth in a tax-efficient and effective manner to future generations and charitable partners. In addition to estate planning and administration, his practice extends to real estate and business transactions. His down-to-earth approach ensures that clients receive clear, effective, and practical legal advice, delivered in a manner that is easy to understand. He earned his B.A degree magna cum laude from Palm Beach Atlantic University and his J.D degree from University of Minnesota Law School.

Joseph A. Romano is an attorney in the New Jersey office of Lowenstein Sandler LLP. He represents high-net-worth clients in complex trust and estate planning aimed at the preservation of wealth and the maximization of tax benefits. Mr. Romano's practice focuses on the creation of sophisticated wills and trusts, such as grantor retained annuity trusts (GRATs), Delaware Incomplete Gift Non-Grantor Trusts (DINGs), and irrevocable life insurance trusts. In addition, he has assisted in the formation of tax-exempt organizations, as well as drafted and reviewed a variety of business planning and succession agreements. Mr. Romano also represents clients in tax controversies before the Internal Revenue Service and the state of New Jersey; on estate and gift tax matters; on payroll tax-related appeals and negotiations; and on collection alternatives for businesses and individuals alike, including offers in compromise and installment agreements. He earned his B.S degree from Bentley University, his J.D. degree from Seton Hall University School of Law and his LL.M. degree from New York University School of Law. Mr. Romano is admitted to practice in New Jersey and Florida.

Accreditation

Email: credit@nbi-sems.com

Phone: (866) 240-1890

Customer Service

Email: customerservice@nbi-sems.com

Phone: (800) 930-6182

Event Materials Support

Email: eventmaterials@nbi-sems.com

Phone: (800) 777-8707