Thursday, November 5, 2026
3:55 PM
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4:55 PM
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Presented by the Estates and Probate, and Tax Law Sections
About the Program
The health, education, maintenance and support (or “HEMS”) standard is present in almost every trust agreement, but the nuances of how this standard is drafted and construed are often overlooked or misunderstood. Interpretation and implementation of HEMS may greatly impact how the grantor’s wishes are carried out, as well as the tax consequences of the plan. We will explore what constitutes an ascertainable standard, the intersection of federal statutes and state law, and the practical application of the HEMS standard as it relates to trust planning.
You Will Learn
- How to identify what constitutes an ascertainable standard, including the terminology, relevant factors in the interpretation of the standard, and the relevance of federal and state laws
- About the implications of including or excluding an ascertainable standard in the distribution provisions of a trust, including tax consequences, fiduciary obligations, decanting, Medicaid qualification, and creditor protection
- How to interpret an ascertainable standard when administering a trust, and how to best advise grantors and fiduciaries
Who Should Attend
Attorneys and paralegals practicing in the areas of tax and estates and probate.
Credit
CT: 1.0 CLE Credit (General)
NY: 1.0 CLE Credit (AOP)
1.0 Paralegal CE Credit (General)
The Connecticut Bar Association/CT Bar Institute is an accredited provider of New York State CLE. This program qualifies for experienced attorney CLE credits.
Attorneys seeking NY CLE credit who have been admitted to the New York State Bar for two years or less must attend the live seminar for skills or ethics credit, a fully interactive videoconference, or simultaneous transmission with synchronous interactivity. Diversity, Inclusion and Elimination of Bias CLE credits are only available as non-transitional credits. For further information please see the NYCourts.gov page on CLE: http://ww2.nycourts.gov/attorneys/cle/index.shtml.