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https://www.wealthdirector.com/2013/09/the-limits-of-discretion-trust-distributions-for-health-education-maintenance-and-support/
Sep 10, 2013 · Trustees are often granted the power to distribute trust property “in the Trustee’s discretion” for a beneficiary’s “general well-being,” “best interests,” “comfort,” or, most commonly, “health, education, maintenance and support.” This “health, education, maintenance and support” distribution standard is so common that most trustees and other trust advisors refer to it simply as the …
https://www.wealthmanagement.com/estate-planning/health-education-maintenance-and-support-0
Health, Education, Maintenance and Support Sometimes abbreviated as HEMS, the ascertainable standard is undeniably a creature of tax law,1 though it must also operate in the realm of trust.
https://www.comtrst.com/wp-content/uploads/2013/05/CDMB-Presentation-re-Discretionary-Distributions-A-Trustees-Guideline.pdf
Support and Maintenance. The terms “support” and “maintenance” are considered synonymous.7 When applied, these terms do not limit a trustee to providing merely the bare necessities in life but allow for significant discretion. To provide additional clarity, these terms are often used in conjunction with
https://www.foxrothschild.com/publications/what-does-maintenance-and-support-really-mean-in-a-trust/
Sep 17, 2013 · It is generally agreed that maintenance and support include accustomed living expenses such as mortgage payments, property taxes, insurance payments, utility payments, vacations, and the like. Whether the standard includes items of a more luxurious nature gets into a gray area.Author: Matthew A. Levitsky
http://www2.csudh.edu/rmalamud/elder1013.pdf
support (there is a lot of authority that “support” includes the three other terms: health, maintenance, and education). What is support? It seems that identical trusts with different trustees and beneficiaries will come to different conclusions as to what is meant by the term “support…
https://www.sbshlaw.com/hems/
Health, Education, Maintenance and Support. For those of you who have wills and trusts that contain testamentary (post-death) trusts that continue on for your loved ones, you may notice that the trustee has a standard by which she can make income or principal distributions.
https://www.sandiegoestateplanninglawyerblog.com/standards_for_heath_education/
The terms ” support” and “maintenance” are synonymous. They include “support in reasonable comfort” and “support in the accustomed manner of living.” Though these ascertainable standards are helpful, the Trustee is still left with making often difficult decisions.
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