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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.sbshlaw.com/hems/
When distributions to a beneficiary are limited to that beneficiary’s health, education, maintenance and support then the trust is said to have an “ascertainable standard” Interestingly, including the words “for that beneficiary’s comfort and general welfare” are not considered an ascertainable standard.
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.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 a trust provision for three main reasons:Author: Matthew A. Levitsky
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
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/1039008.pdf
Oct 01, 2010 · as the trustee deems necessary for the education, support, maintenance, or health of the beneficiary in the standard of living to which the beneficiary is accustomed as of Date 1, but in determining need, the corporate trustee shall take into consideration such beneficiary’s other sources of …
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.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://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.sbshlaw.com/hems/
It’s common to find that the standard relates to the beneficiary’s health, education, maintenance and support-based needs. Attorneys from all over the country commonly use those terms — health, education, maintenance and support. Is this because we all …
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.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 …
https://www.handlerlevine.com/faq/estate-planning-documents-process/substantive-legal-questions-estate-planning-documents/
The "maintenance" and "support" portion of the HEMS standard is generally interpreted to mean the beneficiary's accustomed standard of living. Why does it say I (or my spouse) only get $5,000 or 5% from the Trust? This is actually an expansion of the HEMS standard discussed above.
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 a …Author: Matthew A. Levitsky
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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