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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
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 “ascertainable standard” as it allows a trustee with parameters in which to make decisions
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 · Most importantly, it serves to restrict how much and when a trustee can distribute trust assets, which helps preserve trust assets. One commonly accepted standard used in discretionary trusts is called the Health, Education, Maintenance and Support standard (“HEMS”).
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
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