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10 Clauses Fiduciaries Hate

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Practitioners who draft trust documents don’t always consider that certain terms or language can make it very hard for the fiduciaries who are trying to enforce the grantor’s wishes. The panel will discuss these clauses and offer some ideas for fixes that can be incorporated into these problem provisions. Trust documents need to be comprehensive and clear. The use of certain terms or confusing language can make it nearly impossible for fiduciaries to enforce a grantor’s wishes. How terms are defined, clarity in writing passages and clear terminology and intent can make a huge difference.

This CLE course will present the specific clauses one needs to watch out for and offer strategies and tops for how to revise these provisions for a smoother process later on.

Lecturer Bios

Gail Cohen, Esq.

Gail is a widely-recognized authority on trust & estate law and strategies for wealthy individuals. She is Chair of Fiduciary Trust Company International’s Board of Directors and General Trust Counsel.

Ms. Cohen is a former Chair of the New York Bankers Association, and sits on its investment committee. She was that Association’s first woman Chair. She also served as Vice Chair, and Treasurer. In 2010 and 2011, she was named one of the “Top 50 Women in Wealth,” selected by AdvisorOne. Ms. Cohen is a Fellow of the American College of Trust and Estate Counsel (ACTEC). She holds the Distinguished Accredited Estate Planner® designation, has been elected into the NAEPC Estate Planning Hall of Fame, and has been honored by the Trusts and Estates Lawyers Division of the UJA. Ms. Cohen is a frequent writer and lecturer for attorney groups, including University of Miami’s Heckerling Institute (2014), as well as Practicing Law Institute to the New York State Bar Association and Society of Trust and Estate Practitioners.

She currently sits on the Investment Committee of the New York City Bar Association and is a former member of that Bar Association’s Committee on Estate and Gift Tax which she chaired from 1998 to 2001. Ms. Cohen is a member of the Board of Graham Windham, and serves on The Rockefeller University Committee on Trust and Estate Gift Plans, the Hospital for Special Surgery Advisory Council, the New York Historical Society Professional Advisory Committee, and the Professional Advisory Committee of the Jewish Federation of South Palm Beach County. She has served as an adjunct professor of law at Brooklyn Law School. She is admitted to the bar in New York and New Jersey.

Pamela Lucina, Esq.

Pam Lucina is the Chief Fiduciary Officer and head of the Trust and Advisory practice for Northern Trust Wealth Management. Pam works to assist clients and Northern Trust partners in achieving their goals through the use of world class tools and techniques while keeping an eye on the human element of wealth and family dynamics.

Prior to joining Northern, Pam was with BNY Mellon where she held the national role of Executive Director for their Wealth Management Advice, Planning and Fiduciary Services practice. Before that she was with JPMorgan providing wealth and estate planning services, and also spent 10 years in private practices as a tax consultant with Arthur Andersen, and in the trusts and estates departments of both Levin Schroeder and Mayer Brown law firms.

Pam has a strong background in wealth, tax, philanthropic and business owner planning; she also brings expertise in next generation education, governance and global family office matters.

She is a recognized leader and speaker within the Estate and Trust legal community.

She is a Fellow of the American College of Trust and Estate Counsel (ACTEC). Pam is a member of the National Services Leadership Team, and the Wealth Management Executive Leadership Team. These groups oversee the direction of our Wealth Management Business.

Lucina earned her bachelor’s degree from Marquette University in Business Administration and Management (BS) and her Doctor of Law (JD), Taxation from DePaul University.

Pam is a member of the Planned Giving Boards for these three Chicago institutions: The Steppenwolf Theater, Shedd Aquarium, The Hadley School for the Blind.

All courses offered by the National Academy of Continuing Legal Education for Utah attorneys are approved by Utah State Board of Continuing Legal Education. To view our full accreditation details, please click here.

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