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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 for this purpose to one level of graduate studies or a certain dollar amount). Failing to adequately explain the grantor’s specific intent will result in the trustee performing a facts and circumstances type analysis which may not yield the desired result. 6. 3. Support and Maintenance. The terms “support” and “maintenance ...
https://www.foxrothschild.com/publications/what-does-maintenance-and-support-really-mean-in-a-trust/
Sep 17, 2013 · Specifically, the trust property won't be included in the trustee/beneficiary's taxable estate if an ascertainable standard is used. What encompasses health and education is fairly clear. However, our clients frequently ask us for guidance on what sort of …Author: Matthew A. Levitsky
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.stetson.edu/law/academics/elder/home/media/reaves-demystifying-the-trust-standards.pdf
trust assets to be used to support the beneficiary and pay for the beneficiary's housing, food, medical care and the like, the trust should be viewed as a support trust. On the other hand, if it is clear that the settlor intended that the trust asset are to only be used to pay for
https://www.reddit.com/r/FinancialPlanning/comments/exa82b/trust_distributions_for_health_education/
Trust Distributions for Health, Education, Maintenance and Support Question. 70 year old Black sheep of the family (still thankful) has younger sister and Trustee Attorney as the trustees of my trust. Anyone familiar with specific articles and/or how to guides to facilitate asking for HEMS benefits and the ilk? I am particularly looking for the ...
https://www.mondaq.com/unitedstates/Family-and-Matrimonial/263420/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.
https://www.jdsupra.com/legalnews/the-limits-of-discretion-trust-distribu-17610/
Sep 11, 2013 · The Limits of Discretion: Trust Distributions for Health, Education, Maintenance and Support ... “health, education, maintenance and support.” ... The …
https://www.ohioprobatelawyer.com/trusts/2019/09/11/health-education-maintenance-and-support/
Other trusts are "wholly discretionary" and provide maximum asset protection for beneficiaries. But what does “health, education, maintenance, and support” mean in terms of making trust distributions? The answer to that question depends in part on how much discretion the trust instrument gives to the trustee.
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.
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