Joanne E. Hindel
Vice President & Regional Fiduciary Executive OSBA Board Certified Specialist in Estate Planning, Trust and Probate Law
FIFTH THIRD BANK
Cleveland, Ohio 

Daniel E. Ramer
Vice President & Regional Fiduciary Executive 
FIFTH THIRD BANK
Piqua, Ohio

We will first discuss the duty, and art, of exercising trustee discretion 
to accomplish settlor intent, satisfy beneficial interests and fulfill fiduciary responsibilities. Then we will provide some recommendations for how to balance fiduciary loyalties to the settlor’s wishes and loyalties to, and among, the trust beneficiaries. We will also examine the challenging topic of loans to beneficiaries of irrevocable trusts.

We will then discuss powers of appointment, including how to determine what is a “general” power for estate tax purposes, the increased emphasis on general powers and basis step-up in today’s estate planning environment, and issues involved in determining whether a power has been effectively exercised.