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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 · This “health, education, maintenance and support” distribution standard is so common that most trustees and other trust advisors refer to it simply as the “HEMS” standard. The HEMS standard is common in trust planning because limiting distributions to such an ascertainable standard avoids a number of transfer tax pitfalls.
https://www.comtrst.com/wp-content/uploads/2013/05/CDMB-Presentation-re-Discretionary-Distributions-A-Trustees-Guideline.pdf
distributions to beneficiaries. 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/
"Education" is more narrowly defined to include college and professional education. Our documents typically expand this definition to include most kinds of school and education, travel expenses to and from school, etc.. The terms " support" and "maintenance" are essentially synonymous.
https://www.sandiegoestateplanninglawyerblog.com/standards_for_heath_education/
In the years between the distributions the trustee has the discretion to make distributions for “health, education, support, and maintenance.” The IRS in Section 2041of the Internal Revenue Code sets out ascertainable standards for “health, education, support, and maintenance.”
https://lewissaret.com/2014/07/10/ascertainable-standards-and-trust-distributions-what-you-should-know/
Jul 10, 2014 · One commonly accepted standard used in discretionary trusts is called the Health, Education, Maintenance and Support standard (“HEMS”). The general language found in discretionary trusts that applies the standard typically states that “the Trustee shall distribute to the Beneficiary as much of the net income and principal of the trust as ...
https://www.sbshlaw.com/hems/
Attorneys all over the country use the terms health, education, maintenance and support when talking about how trust funds can be used. What does it mean? Tune in to hear Florida Bar Board Certified Wills, Trusts & Estates Attorney Craig Hersch answer that question.
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.” The following are a …
https://www.irs.gov/pub/irs-wd/0028008.pdf
not to exercise the power is reasonably measurable in terms of his needs for health, education, or support (or any combination of them). As used in this subparagraph, the words “support” and “maintenance” are synonymous and their meaning is not limited to the bare necessities of life. A power to use property for the comfort, welfare, or
https://www.wealthmanagement.com/estate-planning/health-education-maintenance-and-support-0
Health, Education, Maintenance and Support: the four chosen words that make up the ascertainable standard. Sometimes abbreviated as HEMS, the ascertainable standard is undeniably a creature of tax ...
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