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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.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.sbshlaw.com/hems/
Oftentimes the beneficiary and the trustee are one and the same person. 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.
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 …Author: Matthew A. Levitsky
http://www.margolis.com/our-blog/our-blog/bid/69873/what-does-maintenance-comfort-and-support-in-trust-really-mean
Oct 18, 2011 · By Harry S. Margolis. Trusts commonly provide that distributions may be made for the "reasonable maintenance, comfort and support" of the beneficiary. These are often part of the so-called "HEMS" standard—"health, education, maintenance and support"—that the Internal Revenue Service has deemed to create a safe harbor.
https://www.wealthmanagement.com/estate-planning/health-education-maintenance-and-support-0
Health, Education, Maintenance and Support Sometimes abbreviated as HEMS, the ascertainable standard is undeniably a creature of tax law,1 though it must also operate in the realm of trust.
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.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
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