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https://www.comtrst.com/wp-content/uploads/2013/05/CDMB-Presentation-re-Discretionary-Distributions-A-Trustees-Guideline.pdf
The most commonly used standard is the Health, Education, Maintenance and Support (“HEMS”) standard, as it is expressly referenced in Internal Revenue Code Section 2041(b)(1)(A). 1 This HEMS standard is commonly referred to as an
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.
http://www2.csudh.edu/rmalamud/elder1013.pdf
That guidance is not very helpful when all that exists are four words: “health, support, maintenance, or education.” Case law may not even help, as “the determination of a testator’s intention … must depend upon its own peculiar facts.” 3 About the author Bob has 25 years of experience in taxation, starting his career with Ernst & Young.
http://www.lanutilaw.com/news/hems-health-education-maintenance-and-support-what-is-it/
Nov 19, 2015 · It is a little surprising that there is not a lot of guidance on what the phrase health, education, maintenance, and support (HEMS) really means. This phrase appears in nearly every trust written in the United States.
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.foxrothschild.com/publications/what-does-maintenance-and-support-really-mean-in-a-trust/
Sep 17, 2013 · What encompasses health and education is fairly clear. However, our clients frequently ask us for guidance on what sort of distributions can be made for maintenance and support. As with many areas of the law, there is not a great deal of guidance out there.Author: Matthew A. Levitsky
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://lewissaret.com/2014/07/10/ascertainable-standards-and-trust-distributions-what-you-should-know/
Jul 10, 2014 · It also includes costs for attending trade or technical training programs. Examples of expenses that would qualify as distributions for education are: Tuition for graduate courses or degrees; Tuition for continuing education classes; Fees for career training such as accounting or real estate licensing courses; 3. Maintenance and Support.
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