Definition Of Support And Maintenance In A Trust

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What Does "Maintenance, Comfort and Support" in a Trust ...

    http://www.margolis.com/our-blog/our-blog/bid/69873/what-does-maintenance-comfort-and-support-in-trust-really-mean
    Oct 18, 2011 · Trusts commonly provide that distributions may be made for the "reasonable maintenance, comfort and support" of the beneficiary. These are often part of the so-called "HEMS" standard -- "health, education, maintenance and support" -- that the Internal Revenue Service has deemed to create a safe harbor.

What does Maintenance and Support Really Mean in a Trust?

    https://www.foxrothschild.com/publications/what-does-maintenance-and-support-really-mean-in-a-trust/
    Sep 17, 2013 · Trusts frequently provide that income and/or principal can be paid to a beneficiary in the Trustee’s discretion for the beneficiary's health, education, maintenance, and support. This standard, also known as an "ascertainable standard", is commonly included in …Author: Matthew A. Levitsky

Health, Education, Maintenance and Support Wealth Management

    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.

Discretionary Distributions: A Trustee’s Guideline

    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

Substantive Legal Questions - All Estate Planning ...

    https://www.handlerlevine.com/faq/estate-planning-documents-process/substantive-legal-questions-estate-planning-documents/
    What does health, education, maintenance and support mean, and why do you use these terms? The IRS in Section 2041of the Internal Revenue Code sets out ascertainable standards for distributions from a trust where the trustee and the beneficiary are the same person, as is often the case with a trust for a surviving spouse.

The Limits of Discretion: Trust Distributions for Health ...

    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,...

Health, support, education, and maintenance: What does it ...

    http://www2.csudh.edu/rmalamud/elder1013.pdf
    needed for the health, support, education, or maintenance of the beneficiary.” The trust document can offer further definitions to guide the trust in determining what is meant by these four words. Unfortunately, most trusts do not include any further instructions as to the settlor’s intent. Even non-binding written instructions would be ...

Standards for Heath, Education, Support, & Maintenance ...

    https://www.sandiegoestateplanninglawyerblog.com/standards_for_heath_education/
    A typical trust might leave a certain percentage to a beneficiary at age 21, 25, and 30. Other parents may want to provide for distributions at age 25, 30, and the remainder at 35. In the years between the distributions the trustee has the discretion to make distributions for “health, education, support, and maintenance.”

Maintenance legal definition of maintenance

    https://legal-dictionary.thefreedictionary.com/maintenance
    Maintenance differs from a repair because a repair is an expenditure designed to return an asset to its normal operating condition. In Family Law maintenance is often used as a synonym for spousal support or alimony, and the term is in fact replacing alimony. Traditionally, alimony was solely the right of the wife to be supported by the husband.



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