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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.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.comtrst.com/wp-content/uploads/2013/05/CDMB-Presentation-re-Discretionary-Distributions-A-Trustees-Guideline.pdf
Support and Maintenance. The terms “support” and “maintenance” are considered synonymous.7 When applied, these terms do not limit a trustee to providing merely the bare necessities in life but allow for significant discretion. To provide additional clarity, these terms are often used in conjunction with
http://lewislawoftrusts.lawbooks.cali.org/chapter/discretionary-and-support-and-the-rights-of-the-beneficiarys-creditors/
The language used by George Barkema created a discretionary support trust. The trust agreement contained a support provision and provided directions for the trustee to use the trust corpus if necessary for Lois’s support and maintenance.
http://www2.csudh.edu/rmalamud/elder1013.pdf
needed for the health, support, education, or maintenance of the beneficiary.” The trust document can offer further definitions to guide the trust in determining what is meant by these four words. Unfortunately, most trusts do not include any further instructions as to the settlor’s intent. Even non-binding written instructions would be ...
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.sbshlaw.com/hems/
Consider if Harry created a testamentary trust that, upon his death, provides for his wife, Sally. Sally is to receive income from the trust and the trustee may invade the principal of the trust for Sally’s health, education, maintenance and support. Assume further that Harry has named Sally as the trustee of this trust.
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