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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
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.handlerlevine.com/faq/estate-planning-documents-process/substantive-legal-questions-estate-planning-documents/
The IRS says that such a Trustee can only use the Trust funds for themselves for certain reasons, including distribution of all income, and distributions of principal for "health, education, maintenance and support." The Treasury Regulations provide some assistance in knowing what these terms mean.
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 ...
https://lewissaret.com/2014/07/10/ascertainable-standards-and-trust-distributions-what-you-should-know/
Jul 10, 2014 · 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 the Trustee may at any time and from time to time determine…for the recipient’s health, education, maintenance or support in his or her ...
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://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://www.mondaq.com/unitedstates/x/263420/wills+intestacy+estate+planning/The+Limits+Of+Discretion+Trust+Distributions+For+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 "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.
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