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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.
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.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.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://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.
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://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.irs.gov/pub/irs-wd/0028008.pdf
by an ascertainable standard relating to the health, education, support, or maintenance of the decedent is, by reason of § 2041(b)(1)(A), not a general power of appointment. A power is limited by such a standard if the extent of the holder’s duty to exercise and
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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