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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.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.
http://www.lanutilaw.com/news/hems-health-education-maintenance-and-support-what-is-it/
Nov 19, 2015 · It is a little surprising that there is not a lot of guidance on what the phrase health, education, maintenance, and support (HEMS) really means. This phrase appears in nearly every trust written in the United States. HEMS is an IRS approved phrase for tax reasons and has been adopted by the legal profession to cover reasonable limits on trust ...
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
https://www.sbshlaw.com/hems/
Health, Education, Maintenance and Support. For those of you who have wills and trusts that contain testamentary (post-death) trusts that continue on for your loved ones, you may notice that the trustee has a standard by which she can make income or principal distributions.
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 helpful. 1
https://www.foxrothschild.com/publications/what-does-maintenance-and-support-really-mean-in-a-trust/
Sep 17, 2013 · It is generally agreed that maintenance and support include accustomed living expenses such as mortgage payments, property taxes, insurance payments, utility payments, vacations, and the like. Whether the standard includes items of a …Author: Matthew A. Levitsky
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