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Ohio Trust Code Manual5th EditionReference ManualVolume No. 19-400Ohio State Bar Association Continuing Legal Educationis a division of the Ohio State Bar Association.

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EditorsRobert M. BruckenRetired PartnerBaker HostetlerCleveland, OhioMr. Brucken received his AB from Marietta College and his JD from the University of Michigan Law School.His professional memberships include the American College of Trust and Estate Counsel (Fellow since1976), Ohio State Bar Association (member since 1960) (Section Council Member, Estate Planning, Trust,and Probate Law Section; Founding Member, Estate Planning, Trust, and Probate Law Specialty Board;Chair since 2005, Joint Banker-Bar Committee on Ohio Trust Code; Chair or Member of various othercommittees), and the Cleveland Metropolitan Bar Association (member since 1960) (Past Chair, ProbateCourt Committee; Section Council, Estate Planning, Probate and Trust Section; presenter of update atsection monthly luncheon meeting). Mr. Brucken has been a retired partner of his firm since 2005. He hasover 50 years of experience as a probate lawyer, practicing exclusively in tax, personal planning andemployee benefits, and trusts and estate planning for individuals and businesses with an emphasis ontrusts and estates, lifetime planning and disability, and estate administration on death. Mr. Brucken is thefounding Editor-in-Chief of the Probate Law Journal of Ohio. He has served as chair of the Estate Planning,Trust, and Probate Law Section of the Ohio State Bar Association and, during his three-year term in office,the Ohio estate tax was substantially reformed through the efforts of a joint lawyer-banker committee,which he chaired, resulting in the enactment of many improvements in Ohio probate law. As chair of theEstate Planning, Trust, and Probate Law Section of the Ohio Estate Tax Committee, Mr. Brucken madesuccessful efforts to repeal the Ohio additional estate tax (the sponge tax) and acquired the title “SpongeBob.” He is the lawyer co-chair of the Joint Committee of the Estate Planning, Trust, and Probate LawSection of the Ohio State Bar Association and the Ohio Bankers League that has secured adoption in Ohioof a modified version of the Uniform Trust Code and is publishing materials and presenting seminars on it.Mr. Brucken’s personal interest and involvement in probate and estate tax law reform, primed by theproblems and complaints of his clients, have generated speaking engagements throughout the State ofOhio, where he has spoken on related topics before bar associations and legal seminars, and also beforetrust bankers, probate judges, accountants, and life underwriters. He is a former instructor in advancedestate planning for the American College of Life Underwriters and is also a noted writer, contributing to astandard Ohio probate practice manual, writing several law review articles and articles in legal periodicalson estate taxes and probate law reform, and drafting much of Ohio’s recent probate and estate taxlegislation. Mr. Brucken is a coeditor of the OSBA CLE’s Ohio Trust Code Manual. He was named as EstatePlanner of the Year in 2003 by the Cleveland Estate Planning Council and was the first recipient of theWellman Award in 2005 presented by the Uniform Law Commission.Joanne E. HindelOSBA Certified Specialist in Estate Planning, Trust, and Probate LawVice President and Regional Fiduciary ExecutiveFifth Third BankCleveland, OhioMs. Hindel received her BBA from Cleveland State University and her JD from Cleveland State UniversityCleveland-Marshall College of Law. Her professional memberships include the Ohio State Bar Association(Section Council, Estate Planning, Trust, and Probate Law Section), Ohio Bankers League, Joint Committeeon the Ohio Trust Code of the Estate Planning, Trust, and Probate Law Section of the Ohio State BarAssociation and the Ohio Bankers League (Co-Chair), Cleveland Metropolitan Bar Association (Chair,Estate Planning Institute Curriculum Committee), Estate Planning Council of Cleveland, Fiduciary RiskManagement and Compliance Roundtable, and Michigan Bankers Association (Trust Counsel Committee).Ms. Hindel is Vice President and Regional Fiduciary Executive for the Fifth Third Bank InvestmentManagement and Trust Division. She is responsible for developing recommendations and action plans toeliminate or mitigate observed risks in fiduciary activities and assists in ensuring compliance withconsistent fiduciary activities within regulatory and legal guidelines. Ms. Hindel also has been designatedas one of three Regional Fiduciary Officers of the bank and serves on various committees to addressfiduciary issues of importance to the bank. She has been a licensed attorney for over 20 years and is an

OSBA Certified Specialist in Estate Planning, Trust, and Probate Law. Ms. Hindel is the first bank trustofficer in the State of Ohio to hold that certification. She is a member of the Editorial Advisory Board ofthe Probate Law Journal of Ohio, the only banker member of that Board and an ABA/ACTEC reporter forthe University of Miami Heckerling Estate Planning Institute. Ms. Hindel is the author of numerous articlesaddressing Ohio trust law, including “You Can’t Please All the People All the Time – Three Perspectives onthe Trustee’s Duty to Inform and Report” 18 PLJO 191 (July/Aug. 2008) and “Did My Dad Say That? HeDidn’t Really Mean It!: Ascertaining a Trust’s Material Purpose” 19 PLJO 205 (July/Aug. 2009). She is afrequent chairperson and presenter at numerous professional seminars on estate planning and trustadministration. Ms. Hindel is a coauthor and coeditor of the OSBA CLE’s Ohio Trust Code and Updating theOhio Trust Code handbooks and has provided proponent testimony before the Ohio House and Senate onthe Principal and Income Act and the Ohio Trust Code. For additional information, please visitwww.53.com.William J. McGraw IIIOSBA Certified Specialist in Estate Planning, Trust, and Probate LawDungan & LeFevre Co., LPATroy, OhioMember of the Joint Committee,Ohio Trust CodePast Chair, EPTPL Section CouncilMr. McGraw received his BBA from Ohio University and his JD from The Ohio State University Michael E.Moritz College of Law. His professional memberships include the Ohio State Bar Association (EstatePlanning, Trust and Probate Law Section), and the American College of Trust and Estate Counsel (Fellow).Mr. McGraw has been an attorney since 1973 and is currently the president of his firm. He is an OSBACertified Specialist in Estate Planning, Trust, and Probate Law. He has been named an Ohio SuperAttorney every year since its inception and has been named a top 100 Ohio Super Attorney. Mr. McGrawhandles estate planning, trust, and probate matters ranging from complex estate tax planning to basic willpreparation. He helps people avoid probate, does simple and complex trust planning, and counselsindividuals regarding powers of attorney, living wills, and health care powers of attorney. Mr. McGraw isexperienced in the use of family limited partnerships, charitable remainder trusts, charitable lead trusts,and grantor retained annuity trusts. He handles a variety of business planning matters, includingcorporations, limited liability companies, and family limited partnerships and helps represent owners ofbusinesses in business succession planning. Mr. McGraw serves on the editorial board of the Ohio ProbateLaw Journal and has authored a number of articles appearing in the publication. He is a frequentpresenter at estate planning seminars in an effort to teach Ohio lawyers estate planning techniques. Foradditional information, please visit www.dunganattorney.com.Professor C. Alan NewmanThe University of Akron School of LawAkron, OhioProfessor Newman received his JD from the University of Oklahoma School of Law. His professionalmemberships include the American College of Trust and Estate Counsel (Academic Fellow) and Ohio StateBar Association (Estate Planning, Trust, and Probate Law Section). Professor Newman is a Professor of Lawat The University of Akron School of Law, where he teaches courses in wills, trusts, estates, estateplanning, and accounting and finance from a lawyer’s perspective. He is a certified public accountant.Professor Newman recently served as the Reporter for the Ohio Trust Code Joint Committee of the OhioBankers League Legal, Legislative, and Regulatory Committee and the Ohio State Bar Association EstatePlanning, Trust, and Probate Law Section. He is a member of the Editorial Advisory Board of the ProbateLaw Journal of Ohio. Professor Newman is the author of numerous articles published in a variety ofprofessional publications. He contributed to the third edition of the Bogert Trusts and Trustees treatise onthe information and accounting duties of trustees. In addition, Professor Newman is a coeditor andcontributing author to the OSBA CLE’s Ohio Trust Code Handbook. For additional information, please visitwww.uakron.edu.